8th COVID-19 Act: Courts gradually resume operations

Nov 30, 2020 Benn-Ibler Rechtsanwälte

As there has been a backlog in civil proceedings due to the corona measures, the 8th COVID-19 Act (8. COVID-19-Gesetz) is intended to gradually bring court operations back up to speed. In this context, the possibility was created to also conduct the obligatory oral hearings in civil proceedings by video technology.

§ 3(1)(1) of the First Federal Act on Measures Accompanying COVID-19 in the Judiciary (1. Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz) now provides that the court may, with the agreement of the parties, conduct oral hearings and hearings without the personal presence of the parties or their representatives, using appropriate technical means of communication for the transmission of words and images. The court may also take evidence at or outside the oral proceedings and allow other persons to attend the hearing. Consent shall be given unless the parties object within a time limit to be fixed by the Court.

According to clause 2, the court may, without the agreement of the parties, conduct hearings and oral hearings in matters relating to accommodation, home stay and adult protection, as well as in proceedings under the Tuberculosis Act (Tuberkulosegesetz) and the Epidemics Act 1950 (Epidemiegesetz 1950), if they were to be held outside the premises made available by the Administration of Justice, using appropriate technical means of communication. In this way, evidence may be recorded at the hearing or elsewhere, and other persons to be called upon to participate in the hearing may attend.

Any person to be called upon to participate in the proceedings may request to attend the hearing using appropriate technical means of communication, provided that an increased health risk posed by COVID-19 to himself or to persons with whom he has necessary private or professional contact can be attested.

If the appropriate technical means of communication are not available to a party or witness, the unrepresented party may apply for the hearing to be adjourned, and the represented party and the witness may apply to be provisionally excused from the hearing.

139 of Enclosures XXVII CPC - Committee report NR - Legal text