Law of Germany - Procedural Law

Procedural Law

The procedural system of Germany is based on a highly active role of the judge or the judges. In all branches of jurisprudence the judge takes evidence himself, only assisted by the parties or their lawyers, although in some branches the court is limited to proof, referred by the parties. In court, both parties have the same rights and duties. Each side can (in higher courts must) require the services of one or several attorneys. They present facts and evidence for their version of the case of their own accord and without the help of the judge, who then makes his judgement independently. With exception of the social law some parts of the employment law the costs of all the participants of the lawsuit (including the costs of the opponent) have to be paid by the loser.