SECTION XXIV - New Trial

Author:E. J. Cohn and G. Meyer
Profession:Sir
Pages:68
 
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  1. A special form of procedure called Wiederaufnahme des Verfahrens enables the courts to review judgments which have become fully valid as a result of the expiration of the period of appeal provided by the code. The code distinguishes between two kinds of Wiederaufnahme proceedings:(a) The first is called Suit for Annulment (Nichtigkeits-Klage). This applies in cases of certain of the more serious violations of procedural rules enumerated in section 579, ZPO, e.g., a Nichtigkeits-Klage is given where the court whose judgment is being attacked did not sit with the prescribed number of judges or where one of the judges did not possess the necessary judicial qualifications. In these cases there is no need to prove a connection between the result of the trial and the procedural violation.

    (b) The second is called Suit for Restitution (Restitutions-Klage). It applies to cases where as a result of a criminal offence committed by one of the parties, witnesses or experts, the court has been given untrue statements of facts...

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