Civil proceedings before the regional court; information on the 1st instance

In certain first-instance civil law disputes, you can appeal to regional courts.

Antrag auf Prozesskostenhilfe
Erklärung über die persönlichen und wirtschaftlichen Verhältnisse/Anlage zum Antrag auf Bewilligung der Prozesskostenhilfe (bundeseinheitliches Formular)

This form can be submitted electronically (e.g. via a secure contact form using your user account with login via the electronic ID function or the ELSTER certificate) or handwritten and signed in paper form to the responsible authority.

For contact details of the responsible authoritiy and local valid information select under "Select location" a location.

The civil divisions of the regional courts are the first instance courts to rule on civil law disputes involving claims with a monetary value of more than € 5,000. There are exceptions for certain disputes, such as residential tenancies or family matters. These are always decided at first instance by the district court.

The district court has first instance jurisdiction for claims for damages due to breaches of official duty, regardless of the amount in dispute.

The district court with local jurisdiction for your civil case depends primarily on the subject matter of the claim. Sections 12 to 37 of the Code of Civil Procedure contain the most important regulations on local jurisdiction. As a rule, the court in whose district the defendant is domiciled has jurisdiction.

In civil law disputes before the district court, you must be represented by a lawyer. This means that you must be represented in the proceedings by a licensed lawyer as an authorized representative. You can appeal against the judgment of the regional court to the higher regional court if the value of the object of the appeal exceeds € 600 or if the regional court has allowed the appeal in the judgment.

In civil proceedings before the regional courts, the claim must be submitted to the court in writing. The statement of claim must be signed by a licensed lawyer (obligation to be represented by a lawyer). From January 1, 2022, lawyers will be obliged to submit pleadings and their attachments as well as written applications and declarations to the judiciary exclusively electronically.

If the lawsuit is concluded by judgment, the court also decides which party has to bear the legal costs. The principle is that the losing party bears the costs of the legal dispute. The costs of a legal dispute are made up of court costs (fees and expenses) and out-of-court costs (mainly lawyers' fees). The court costs are charged according to a schedule of costs and are generally based on the importance of the case, the so-called amount in dispute.

A party who, due to their personal and financial circumstances, cannot afford the costs of the legal proceedings, can only afford them in part or only in installments, will receive legal aid upon application if the intended legal action or legal defence offers sufficient prospect of success and does not appear to be unreasonable. The application can either be made in writing to the court before which the proceedings are to be conducted, or it can be submitted to the court registry for the record. The application can also be submitted as an electronic document with a qualified electronic signature or by secure means of transmission in accordance with Section 130a (4) of the Code of Civil Procedure (e.g. via the court website using BayernID) with a simple signature. The application can also be submitted during the oral hearing. There is no obligation to be represented by a lawyer when applying for legal aid.