Moving a Court Date

Under Section 227 of the Code of Civil Procedure, a German court may cancel or move a hearing date only aus erheblichen Gründen, for substantial reasons. The law then lists what does not count. A party’s absence does not count, unless the court believes the party was prevented without fault. Poor preparation does not count, unless it is sufficiently excused. The third item is das Einvernehmen der Parteien allein, the agreement of the parties alone. Even when both sides want a new date, that is not a reason. If the judge asks, the reasons must be substantiated. The same section contains a summer rule. As a rule, a hearing set between 1 July and 31 August must be moved if a party asks within one week of receiving the summons, although the law makes exceptions.

understand-culture
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.