A judge may be disqualified from conducting a case or otherwise participating in the proceedings, on the ground that he is related or married to one of the parties, etc. Section 41, ZPO, provides that a judge may not hear a case in matters where he himself is a party to the proceedings. He may also be challenged, under Section 42, ZPO, where there is reasonable ground to believe that he would be prejudiced.
The challenge is made by way of an application (Ablehnungsgesuch) to the Court to which the challenged judge belongs (section 44, ZPO).
The applicant must produce prima facie evidence of bias. Such evidence is not given on oath. It is sufficient if he succeeds in showing that the facts alleged by him are likely to be true, provided that such facts were sufficient to justify the application (so-called ' Glaubhaftmachung '). An affidavit of the applicant is, however, not admitted (section 44, ZPO). The Court, to which...
SECTION V - Disqualification And Challenging Of Judges
|Author:||E. J. Cohn and G. Meyer|
To continue readingREQUEST YOUR TRIAL