Court's act

Art. 54:

(1) The courts shall have judicial assistants, who shall perform their work in civil service posts as senior justice advisers or justice councillors.

(2) Judicial assistants, in particular cases outside hearings, shall perform work connected with the examination of parties, witnesses and experts, perform more complex preparatory work for hearings, report at panel meetings, draft decisions, conduct hearings under the guidance of a judge and perform other work by order of a judge.

Civil Procedure Act

Art. 15/3:

In civil proceedings, judicial assistants may perform only such procedural acts as are specified by the statute.

Art. 163/4:

The decree on refund of costs of the proceeding may be issued by a judicial assistant.

Art. 270:

(1) At all times during the preparations until the main hearing is opened the presiding judge shall have power to decide:

1. on entry of a predecessor in the litigation;

2. on intervention;

3. on securing of evidence;

4. on amendment of action;

5. on discontinuation of the proceedings due to withdrawal of action;

6. on suspension and stay of the proceedings;

7. on interlocutory injunctions;

8. on joinder and severance of claims;

9. on determination and prolongation of time periods specified by the court;

10. on fixing and adjournment of hearings;

11. on reinstatement due to delays;

12. on exemption of a party from payment of the costs of proceedings;

13. on security for costs of proceedings;

14. on advancement for costs of specific acts of procedure;

15. on appointment of an expert;

16. on appointment of a representative ad litem;

17. on service of process;

18. on measures for correction of pleadings;

19. on validity of power of attorney;

20. on all other issues referring to the direction of the proceedings.

(2) Acts referred to in clauses 3, 9, 10, 12, 13, 14, 15, 16, 17 and 18 may be performed by a judicial assistant.

Claim Enforcement and Security Act

Art. 6:

(2) Legal secretaries and judicial assistants may do the following:

- conduct enforcement proceedings and decide on enforcement proposals for recovery of monetary

claims, proposals for the recovery of monetary claims by means of other or additional instruments

or objects of enforcement;

- issue decisions and orders on advance payments, caution monies, legal costs, court fees,

termination of proceedings and other interim procedural decisions;

- perform specific activities outside the hearing and

- carry out specific actions outside the hearing and also decide on objections to enforcement

orders on the basis of authentic instruments.

(3) Judicial assistants may decide in enforcement proceedings on the basis of an authentic

document and executive instrument on the following matters:

- appeals lodged after expiry of the time limit;

- third party appeals;

- objections to a decision to continue enforcement with a new creditor or debtor

- objections to a decision to continue enforcement with a new creditor or debtor;

- applications to suspend enforcement;

- invalidation of certificates of finality and enforceability;

- requests for remedying irregularities in the enforcement action;

- motion for restitution;

- requests for calculating remuneration and reimbursement of expenses to bailiffs; and

- requests for calculation of the claim and distribution of purchase monies received for the property

sold to creditors.

(4) Judicial assistants may conduct hearings on the order of a judge, except hearings for a public

auction.

Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act

Art. 53:

(3) An independent judicial assistant and judicial adviser may independently decide on all

issues within bankruptcy proceedings, exception the following:

1. the commencement and conclusion of the proceedings,

2. interim decisions,

3. testing of claims,

4. disposal of assets the value of which exceeds EUR 100,000,

5. distribution of the bankrupt's estate, and

6. issues in debt-write-off proceedings.

(4) An objection may be lodged against the decision of the independent judicial assistant and

judicial adviser.