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Consideration of petitionary matters
Consideration of petitionary matters
A petitionary matter merely pertaining e.g. to the registration of a given state of affairs is decided by the district court in chambers. When the matter pertains to a dispute between the petitioner and the opposing party, the district court decides the matter in the same way as any civil dispute, that is, in most cases in a hearing.
Stages of the proceedings
- The petitioner delivers, sends or faxes the petition and annexes to the registry of the district court.
- The petition may also be delivered to the registry by someone else than the petitioner.
- The district court conducts an initial examination of the petition and, if necessary, requests by letter or by phone any additional information or documents that may be needed.
- When the petitionary matter involves other parties, the district court requests a response or a statement from the parties concerned.
Decision in chambers
- If the petitioner is the only party to the matter, the deciding official rules on the matter in chambers on the basis of the documents.
- This also applies to matters that involve other parties, if the parties so agree or if the case in spite of disagreement is clear.
Decision in a hearing
- If the petitionary matter is under dispute, the district court summons both the petitioner and the opposing party depending on the nature of the matter either to a preparatory hearing or a main hearing.
- The judge decides on the matter either directly after the hearing, delivering it to the parties orally, or sets a date for a written order to be handed down.
- In a petitionary matter under dispute, the party who loses the case may be ordered to compensate for the legal costs of the opposing party.
Decision
- The decision of the district court is sent to the petitioner, or the petitioner may opt to come to the registry of the district court and fetch it in person.
Charge
- The district court collects a charge from the petitioner for the consideration of the matter.
Charges collected by the District courts Videoconferencing in court proceedings
Updated on 31 January 2012
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