SECTION XI - Service Of Legal Documents
Verfasser | E. J. Cohn and G. Meyer |
Amt des Autoren | Sir |
Seiten | 45 |
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Sections 166 to 213, ZPO, contain detailed provisions concerning the manner and form in which documents must be served upon parties and witnesses during the course of the proceedings. Service is either ex oficio (Amtsbetrieb) or service by the parties (Parteibetrieb). The Amtsbetrieb is now the rule in all Courts, the Parteibetrieb survives in only a few instances.
If the party (i.e. the party's attorney) is in charge of the service, a request will be issued by the party, either to the Bailiff (Gerichtsvollzieher) or to the Post Office to effect service. The official who effects service accordingly, must record in writing the fact that he has served the document in question, the law prescribing in detail the statements which must be made. A simplified form of service is provided where both parties are represented by attorneys, as in this case service may be effected by one attorney informally handing the document to the attorney of the other party, who, on his part, is under a legal duty to give a written acknowledgment of receipt (section 198, ZPO).
Where service is ex officio, the same procedure applies, with the...
Um weiterzulesen
FORDERN SIE IHR PROBEABO AN- Manual of German Law
- Part IV CIVIL PROCEDURE
- SECTION I - Introduction
- SECTION II - General Aspects
- SECTION III - Jurisdiction Of The Courts
- SECTION IV - The Principles Of German Civil Procedure
- SECTION V - Disqualification And Challenging Of Judges
- SECTION VI - Capacity To Be A Party And To Conduct Proceedings
- SECTION VII - Legal Representation And Legal Assistance In Proceedings
- SECTION VIII - Court Fees
- SECTION IX - Security For Costs (sicherheitsleistung)
- SECTION X - Legal Aid And Assistance To The Poor
- SECTION XI - Service Of Legal Documents
- SECTION XII - Procedure Before The Landgericht Illustrated
- SECTION XIII - The Action (klage)
- SECTION XIV - Preliminaries To The Oral Hearing
- SECTION XV - The Oral Hearing
- SECTION XVI - The Judgment
- SECTION XVII - Default Judgments And Undefended Suits
- SECTION XVIII - Evidence
- SECTION XIX - Special Rules On Procedure Before The Amtsgericht
- SECTION XX - Appeals From Decisions
- SECTION XXI - Special Procedure In Matters Affecting Status
- SECTION XXII - Special Procedure In Matters Relating To Bills Of Exchange, Cheques And Other Documents
- SECTION XXIII - Summary Proceedings
- SECTION XXIV - New Trial
- SECTION XXV - Provisional Proceedings
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