272
ZPOCPC
CH
Art. 48 Schweizerische Zivilprozessordnung (ZPO) - Mitteilungspflicht
ZPO; 1. Teil: Allgemeine Bestimmungen; 2. Titel: Zuständigkeit der Gerichte und Ausstand; 3. Kapitel: Ausstand
Art. 48 ZPO · Mitteilungspflicht
Die betroffene Gerichtsperson legt einen möglichen Ausstandsgrund rechtzeitig offen und tritt von sich aus in den Ausstand, wenn sie den Grund als gegeben erachtet.
Gerichtsentscheide zu dieser Bestimmung (201)
RBOG.2004.Nr.30 · tg (§ 48 Abs. 1 Ziff. 1 und 2 ZPO)
Tenancy Dispute Debt Acknowledgement Misassigned Jurisdiction Cured on Appeal
Cited when describing which court is the appellate instance for decisions made by the single judge and the District Court Commission.
R.c.civile.2019 · vd (Art. 48 CPC)
Recusal of Justice of the Peace in Debt Enforcement Matter Due to Institutional Interest
Cited in the reasoning that leads to the conclusion that the decision should be rendered without costs or fees.
R.c.civile.2020 · vd (Art. 48 CPC)
Recusal of Rent Conciliation Commission Due to Appearance of Bias
This article concerns the procedure for a magistrate to declare a potential ground for recusal.
R.c.civile.2018 · vd (Art. 48 CPC)
Recusal of Entire Court Due to Debtor's Prior Judicial Association
Cited as the procedural rule governing when a magistrate/judicial officer must report and recuse themselves.
60/2023/57 · sh (Art. 48 Abs. 2 ZPO)
Municipal Standing and Right to Be Heard in Administrative Appeals Regarding Financial Contributions
Justifies the decision not to award compensation costs to the successful appellants because they did not substantiate their request.
60/2023/18 · sh (Art. 48 Abs. 1 VRG i.V.m. Art. 106 Abs. 1 ZPO)
Appealability of Interim Administrative Decisions Regarding Legal Aid Denial Due to Dilatory Conduct
This provision was cited for imposing the court costs on the appellant, as the appeal was unsuccessful.
60/2023/18 · sh (Art. 48 Abs. 1 VRG i.V.m. Art. 117 lit. b ZPO)
Appealability of Interim Administrative Decisions Regarding Legal Aid Denial Due to Dilatory Conduct
This provision was used to deny legal aid and assistance because the appeal was deemed hopeless from the outset due to obstructionist proceedings.
20----------- · vd (Art. 48 CPC)
Mother's Employment in Judicial Office Triggers Recusal in Child Protection Case
This provision governed the obligation of the judge to report a possible ground for recusation, which was followed by the requesting judge.
Z1 2022 24 · zg (Art. 48 ZPO)
Profit-Sharing Dispute Appeal: Bias Allegations Dismissed, Judgment Upheld Against First Defendant, Second Defendant Cleared
Cited in the reasoning concerning the duty of disclosure regarding grounds for recusal.
R.c.civile.2023 · vd (Art. 48 CPC)
Justice of the Peace Recusal in Enforcement Proceeding
The provision governed the procedure for a judge to declare a potential ground for recusation, although the final order did not impose costs or rule on legal aid.
R.c.civile.2023 · vd (Art. 48 CPC)
Recusal of Justice of the Peace Due to Case Manager's Familial Relation to Litigant
This provision relates to the duty of the judge/officer to report and recuse themselves when a ground for recusation exists, relevant to the admitted request.
R.c.civile.2023 · vd (Art. 48 CPC)
Custody Case Recusal Due to Case Manager's Nephew Status
Cited as the procedural rule governing the judge's duty to withdraw when a motive for recusal is present.
R.c.civile.2022 · vd (Art. 48 CPC)
Recusal of District Court Due to Lay Judge's Party Status
Cited as the rule governing when a magistrate should declare a possible ground for recusal.
15----------- · vd (Art. 48 CPC)
Recusal Due to Assessor Judge's Relationship with Civil Court Bench
This procedural provision concerning the magistrate's duty to report a possible cause for recusation was discussed, though not explicitly cited in the operative orders, the court mentions the decision is rendered without costs based on commentary related to Art. 48 CPC.
14----------- · vd (Art. 48 CPC)
Recusal Based on Appearance of Judicial Impartiality Due to Administrator-Judge Relationship
This provision governs the procedure by which a magistrate reports and effects a potential recusal, which was followed in this case.