NCJ Number
61162
Date Published
1978
Length
45 pages
Annotation
THE STUTTGART MODEL IS DESCRIBED, A WEST GERMAN PROCEDURAL METHOD TO ACCELERATE CIVIL PROCEEDINGS BY REDUCING THE NUMBER AND LENGTH OF PROCEDURAL STEPS.
Abstract
THE MODEL WAS DEVELOPED BECAUSE THE THREE PRINCIPLES (ORALITY, IMMEDIACY, AND CONCENTRATION) ON WHICH THE GERMAN CODE OF CIVIL PROCEDURE IS BASED ARE LARGELY UNFULFILLED IN PRACTICE: AS A RESULT, CASES MAY LAST FROM 5 TO 20 YEARS. THE STUTTGART MODEL, DEVELOPED IN 1967 AND CURRENTLY USED BY ABOUT 80 CIVIL COURTS, IS BASED ON THE PRINCIPLE OF COMBINING ORALITY AND WRITING, USING EACH METHOD WHERE IT WILL PRODUCE AN OPTIMAL RESULT. THE METHOD BEGINS WITH A WRITTEN PRELIMINARY PROCEEDING (COMPLAINT, ANSWER, AND REPLY) CONDUCTED ACCORDING TO A SPECIFIC TIMETABLE WHICH THE PARTIES' REPRESENTATIVES CAN EXTEND. THE COURT OFFICE HANDLES THE CIRCULATION OF THE DOCUMENTS; THEN THE JUDGE MAKES A REPORT TO THE FULL CHAMBER; AND A HEARING DATE IS SET, WITNESSES SUMMONED, AND EXPERTS APPOINTED. TRIAL PROCEEDINGS BEGIN WITH A FULL HEARING OF THE PARTIES, FOLLOWING WHICH THE COURT PROPOSES A CONCLUSION. IF RESPONSES DO NOT PERMIT CONCLUSION, THE HEARING OF EVIDENCE TAKES PLACE, FOLLOWED BY A SECOND INTERMEDIATE DELIBERATION AND SECOND PROPOSED CONCLUSION. ATTORNEYS PRESENT CLOSING ARGUMENTS, AND A JUDGMENT IS RENDERED IN 1 WEEK. CURRENTLY, DATA INDICATE THAT THE METHOD INCREASES BOTH THE QUALITY AND THE NUMBER OF SETTLEMENTS, DUE TO THE TRIAL AND ERROR METHOD USED IN SEARCHING FOR A DECISION. MOREOVER, THE MODEL HAS SIGNIFICANTLY REDUCED THE NUMBERS OF HEARINGS PROCEEDINGS, DURATION, ATTORNEYS' WORK, APPEALS, AND REVERSALS OF JUDGMENTS. BOTH ATTORNEYS AND JUDGES SURVEYED PREFER THIS METHOD TO TRADITIONAL MODELS. FIGURES SHOWING THE DETAILS OF THE STUTTGART MODEL, TABLES, FOOTNOTES AND A BIBLIOGRAPHY ARE INCLUDED. (CFW)