Who has no lawyer, can lose the process alone
The action to initiate the procedure, so the application for the decision of the court, by the plaintiff against the defendant in the civil processAlso in the proceedings before the administrative, Social, labour and tax courts, the initial court decision as a lawsuit. In the criminal proceedings by the public Prosecutor's office to be collected, public action is called before a court indictment. According To § FamFG is called an action in family matters and in non-contentious request.
The action is brought by a writ to the court (in the proceedings before the district courts is also in writing to the Registrar) and its delivery to the defendant (§ Abs.
Instead of a lawsuit, a request for execution of a court proceedings or an application for interim legal protection. Furthermore, a claim can be brought, characterized in that the plaintiff makes an application for legal aid, and at the same time, a writ in the court filing. The application must be submitted in multiple copy (usually three times) at the court. An issue is for the court file. In addition, the defendant and his legal representatives provides the other copies. The district court can litigate without an attorney (except in the case of certain family matters). Also, it can be useful, a Lawyer to advise or represent. a Registrar of the legal application office of the district court will help in the formulation of the action - and Write in the course of the proceedings as the reply to the claim, free of charge. one of The regional court and higher courts, only a lawyer can file a lawsuit, § Abs. code of civil procedure Both parties need to have lawyers represent them. The Department of the competent court must not be named, unless before the chamber for commercial matters of the Landgericht is to be negotiated. The assignment of the claim to the respective departments is a matter for the post office distribution centre of the court and depends on the business distribution plan. How, exactly, the cause of action must be presented in the statement of claim, is in dispute. It is represented that the subject of the dispute must be individualized, as well as that of the action request evidence presented must be. In any case, no conclusiveness of the plaintiff's claim is for the admissibility of the action required. For the plaintiff it is not reasonably practicable to present his complaint giving rise to the facts already in the application and not in the hearing, conclusively, and to mention the evidence, because the court, if a delay in the provision of a delay in the procedure would be and the delay is due to gross negligence of the plaintiff is based, using the appropriate attack or defense resources may reject (Statute of limitations). A Statute of limitations does not affect the admissibility of the action. The plaintiff runs the risk that his complaint will be dismissed as unfounded. The complaint in the lawsuit is not presented to font-locking, is default of the defendant, even if the plaintiff at the hearing, makes the claim by further actual Arguments conclusive, an adoption impediment for a judgment by default. An application to adopt in the case of the non-display of the readiness for defense by the defendant, a judgment by default, is recommended already in the action to set the font. Nos obligation to bear the Costs and the safety performance due to provisional enforceability relating to, are not required, because the court recognizes it in the course of the procedure (rejection, comparison, judgment), ex officio. Right versions are in the writ seen not legally required, because it is the task of the court is to draw from the facts to the appropriate legal conclusions and, therefore, on questions of law by the parties, or their legal representatives do not need to be taught. In practice, the legal statements in the application are, depending on the facts of the case, nevertheless, the rule. The court of the pending action only, if the German law is called to decision. In addition, the complaint must be written in the court language (German, Sorbian) written. The plaintiff has, in particular, provide advance payment for the court costs.
To the extent that a conciliation hearing before a Conciliator or justice of the peace is mandatory, is to provide a proof of its implementation as a delivery requirement. The court in Instance is not factually responsible, the suffering of the statement of claim to filing defects such as a missing signature or the post-flocculation ability, the pending action is not also the defendant is missing.
In Austria - in the sense of the above is granted, the course is for the purpose of providing a coarse overview of the German legal situation - the Situation is similar. The suit is also here, the procedures to be served with the document set in the"classic"civil process - that is, the first font set, with the especially the subject of the dispute and the parties to the Proceedings determined and the plaintiff (first to the court) reveal what he what The basis of the defendant (e.g, reduced: payment of, because the defendant is causal, has unlawfully and culpably to the plaintiff caused a damage in this amount).
In the Gerichtsakt concerning this procedure - the action is also as a result, the ON (order number).
The standard, in which the action is directly regulated, is section of the code of civil procedure, however, also other standards are of Central importance for the action.
