Civil procedure code of Austria

Principles

• Orality and publicity : The proceedings are oral and public.
• Fair procedure : audiatur et altera pars.
• Adversarial system : The parties determine the commencement and subject of action.
• Ex officio proceedings : The conduct of legal proceedings and the service of process rests with the court.
• Cooperative principle : The parties and the court cooperate by making factual claims, presenting evidence, and by exercising actions of procedural authority.
• Immediacy principle : Only the judge before whom litigation takes place may take evidence and decide.
• Free consideration of evidence : The judge decides freely on which facts he considers proven.
• Procedural economy : Principles governing a speedy and focused procedure.
• * Freedom of assertion : The parties are free to present facts and evidence and to file motions until the end of the oral proceedings.
• * Duty to bring matters to court in good time : The parties are obliged to present their pleadings timely and completely, in order for the proceedings to proceed quickly.
• * Interdiction of novation : The presentation of evidence and the making of factual claims are restricted to first instance proceedings.