Register Pre-TRO Motions
am 01.01.1970 von http://www.recht.us/amlaw
CK - Washington. Defense motions against anticipated petitions for a TRO--an important means to pro-actively protect a potential party from the adverse effects of an imminent injunction obtained ex parte--involve cumbersome preparations.
Under §937(2) of the German Code of Civil Procedure, ZPO, a defendant would identify all courts with potential jurisdiction over a person and a subject matter that are speculative as long as no petition has been filed. Therefore, defense counsel in Germany file their protective pre-TRO motions, Schutzschriften, with all courts of first instance that may exercise subject-matter jurisdiction.A new central register, Zentrales Schutzschriftenregister, ZRS, eliminates some of that burden. The electronic register, generally known as the EEAR register, enables the deposit of one copy of the motion for use by all potential courts. Its effectiveness is based on the assumption that court and attorneys will review its listings before …
Members of the German Bar
German American Law Journal :: American Edition / CK - Washington. A complete register of German members of the bar began operations on November 13, 2007 at www.rechtsanwaltsregister.org. While regional bar groups, Rechtsanwaltskammer, operate as the supervisory authorities for attorneys in…
Pleading Jurisdictional Defects
German American Law Journal :: American Edition / CK - Washington. In a victory for foreign plaintiffs, the eighth civil division of the Federal Supreme Court, Bundesgerichtshof, in Karlsruhe decided on June 1, 2005 that a motion to dismiss for lack of local jurisdiction should be construed t…
Forum Shopping in Germany
German American Law Journal :: American Edition / CK - Washington. A regularly heard criticism of the American legal system in Germany is the seemingly limitless number of fora eager to hear cases against out-of-town defendants. The same nirvana for plaintiffs exists in Germany, under case la…
Statute of Limitations Changed
German American Law Journal :: American Edition / CK - Washington. Statutory changes that occurred in 2002 will soon affect the statute of limitations to various claims which used to benefit from rules granting a 30-year period. The Berlin Department of Justice published a general reminder w…
Attorneys Sworn In By Bar
German American Law Journal :: American Edition / CK - Washington. For 160 years, German attorneys fought for their independence, Berliner Morgenpost reports. For the first time, the bar associations have begun to swear in its members. Until recent amendments to statutes governing the practi…
Criminal procedure in Europa / Strafprozesse in Europa
Transblawg / For some reason best know to itself, the local paper had an article comparing criminal procedure throughout Europe on the front of their Magazin section at the weekend (Click to enlarge). There is it again - that hackneyed old scene of the judges…
» heise online - Online-Schutzschriftenregister hilft bei drohenden Eilverfahren
» Berliner, Corcoran&Rowe
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