SECTION XI - Service Of Legal Documents

Author:E. J. Cohn and G. Meyer
Profession:Sir
Pages:45
 
FREE EXCERPT
  1. 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...

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