Court clerk

The office is a facility of the German judicial system, exempt under § 153 and § 13 GVG Code of Administrative Procedure, § 12 FGO, § 7 para 1 ArbGG, § 4 SGG is formed in the courts and prosecutors' offices. The office is staffed with the necessary number of clerks.

History

The office is on the arrangements established by the Organic Law of Judicial Court scribbling back ( § 154 GVG version). The aim of this measure was to relieve the judiciary and to transfer judicial actions, which it shall exercise needed no academic training to officials of the middle or upper judicial service. In 1909, especially the taxation of costs were then by ZPO amendment also judicial functions transferred to the court paperwork. Since 1927, speaks of the kingdom of legislators from the office and the clerk of the court instead of the court paperwork.

The introduction of the office of the public prosecutor was made by the First Law to reform the criminal law of 9 December 1974.

With the introduction of electronic legal transactions, the classical division of responsibilities between the factually -critical judges, prosecutors, judicial officers and office lawyers on the one hand and the division of labor, purely supportive activities of the clerk of the office ( UdG ) will change on the other hand strong.

Clerk of the office

As a rule, the notice of office (§ 153 GVG ), an official of the intermediate service, sometimes a judicial or administrative professional employee. An official is entrusted to act as registrar of the office, said entrustment requires no special form. Also, the official of the higher civil service, which has passed the judicial officer exam, 1 RPflG can according to § 27 para temporarily be entrusted with the performance of work as Clerk of the office, as one who is equivalent to an official of the central service for his knowledge and proficiency.

Tasks

The office takes in the courts and the prosecutor all tasks that are not explicitly assigned to the judge, prosecutor, judicial officer or public prosecutor. In particular, ( UdG ) the clerk of the office take certifications before, give copies of judgments, simple enforcement clauses ( for qualified is the judicial officer in charge ), or act as secretary.

Part of the office is the legal department of the court.

A comprehensive job description for UDGs in the field of electronic legal transactions can be found in § 29 of the Commercial Register Ordinance (HRV ).

Position and remedies

The clerk shall act as an organ of justice, not as part of the administration of justice. Its decisions are therefore not countervailable as justice administrative acts under § § 23 et seq EGGVG, but subject to the extent not require the individual process orders otherwise, the control by the judge, prosecutor or judicial officer on a memory.