Cantonal court

Different judges have jurisdiction over different lawsuits. The subdistrict court judge is one of these judges. The subdistrict court judge is a single judge of the court and handles only so-called subdistrict cases. The law states which cases the subdistrict court judge handles. Briefly, these are labor law disputes, cases involving rights of action with a maximum amount of €25,000, cases involving annulment of association decision is requested, rental law cases, and so on.

What are subdistrict cases?

Lease-purchase cases are also within the competence of the district judge. In my practice, this has once led to a surprise for the other party. The dispute was about a lease of an expensive Italian sports car. The leasing company had summoned my client to the ordinary court. There I argued that this was incorrect. Because of the form of lease chosen, it was in fact an installment plan. And so the case should have been brought before the district court. The court agreed and dismissed the proceedings. It was a pyrrhic victory, but it did buy my client extra time. And that time was much needed. So it is always important to pay close attention to which court has jurisdiction.

When to go to the subdistrict court?

The district judge also has jurisdiction to hear cases in summary proceedings handle. A prerequisite for this, however, is that the subdistrict court judge must also be in the bottom has or would have had jurisdiction. In certain cases, the cantonal judge may be of the opinion that the case is unsuitable for hearing by a single judge. He then refers the case to a three judge panel.

How to litigate in the district court?

The procedure at the district court is slightly different from that at the court, civil sector. Although the time limits for submitting the defense are shorter (4 instead of 6 weeks), there is a standard possibility of postponement. Formalities are also handled somewhat more leniently. In this article you can read exactly how the procedure at the subdistrict court works.

Lawyer not required

The special thing about proceedings in the district court is that a lawyer is usually not required. You can also defend yourself or take your opponent to court.

Subdistrict court ruling

The district judge makes a binding ruling. Sometimes this statement enforceable. Against this ruling stands appeal open at the district court, unless the importance of the case is too small. The trial lawyer at Lexys Lawyers can tell you more about subdistrict cases and the proceedings at the subdistrict court.