12 November 2024
Because of their cost and length, civil proceedings can make access to justice difficult. For this reason, the Civil Procedure Code has been revised.
On January 1, 2025, the revision of the Swiss Code of Civil Procedure (CCP) will enter into force. This reform brings with it important changes that are based both on the adoption or modification of existing case law and on new legal developments. The aim of the revision is to clarify existing legal uncertainties, to modernize civil procedure, to improve the efficiency of proceedings and to facilitate access to justice. The new law will apply to all proceedings initiated after its entry into force. However, some of the new provisions may also affect ongoing proceedings.
Under the current CCP, the principle of "first settle, then judge" already applies. The revised CCP provides for various measures to make the conciliation procedure more powerful, to reduce the workload of the courts and to make access to justice easier and less expensive. As of the new year, failure to appear at a conciliation hearing can be punished under less stringent conditions: Anyone who fails to appear despite being threatened with a fine can be penalized with a fine of up to CHF 1,000.00.
The law also clarifies who can and must appear at conciliation hearings when legal entities appear as parties. In proceedings with several plaintiffs or defendants, the conduct of the proceedings will be facilitated to the extent that they will be given the opportunity to be represented by a person from their midst. In addition, the conciliation procedure will be made optional for certain disputes that were previously reserved for the civil courts due to their complex nature.
In order to prevent abusive or arbitrary initiation of proceedings, a deposit can now be required from applicants in the conciliation procedure. This change is an exception to a general trend towards relaxing the rules on costs: Previously, the advance could cover the entire estimated costs of the proceedings. Now, only half of the anticipated court costs can be demanded from the plaintiff in advance. There are, however, exceptions to this rule; in particular, it can be waived in conciliation proceedings.
Another simplification concerns the reimbursement of advanced court costs. Newly, the prevailing party will be reimbursed for the advance costs it has paid. Previously, no reimbursement was made to the plaintiff, so that the plaintiff had to claim the costs from the defendant itself, thus bearing the risk of costs and insolvency.
The revision also takes into account the progressing digitalization as well as the increasing internationalization of the persons involved in civil proceedings by allowing video hearings. Oral proceedings, such as hearings, questioning of parties or examination of witnesses, can be conducted by audio and video transmission under certain conditions, or the parties can be permitted to participate in this way.
The revision of the CCP thus creates clarity in many areas and simplifies access to justice. At the same time, however, the changes raise new questions and difficulties that need to be addressed in practice. Our experienced attorneys are already familiarizing themselves with this revision, which will enter into force on January 1, 2025. They will be happy to provide you with legal advice as well as competent representation in civil proceedings.
