On February 14, 2024, the Federal Council opened the consultation on the VEMZ, the Ordinance on the Use of Electronic Means of Sound and Image Transmission in Civil Proceedings. The consultation period ends on May 22, 2024.
The VEMZ regulates the technical requirements and the requirements for data protection and data security when using electronic means for audio and video transmission in oral proceedings in civil proceedings:
The VEMZ is based on the revised version of the Section 5 of the Code of Civil Procedure, “Use of electronic means for audio and video transmission“more precisely to Art. 141b para. 3. The referendum deadline for the corresponding Partial revision of the ZPO (which also applies to other topics) expired unused on July 6, 2023 and will enter into force on January 1, 2025.
This allows courts to conduct oral proceedings in civil proceedings by means of video or, exceptionally, telephone conferences or to allow the parties to the proceedings to participate accordingly. The corresponding new provisions are as follows:
Art. 141a Principles
1 The court may conduct oral proceedings on request or ex officio by electronic means of audio and video transmission, in particular by videoconference, or allow the persons involved in the proceedings to participate by such means, unless the law provides otherwise and all parties agree.2 If this Act requires the parties to appear in person, the use of electronic means is only permitted if the parties agree and there are no overriding public or private interests to the contrary.
3 If a hearing is public in accordance with this Act, the court shall grant access on site upon application. The court may also grant access by electronic means without prior application.
Art. 141b Requirements
1 The following requirements must be met for the use of electronic means for sound and image transmission:a. The transmission of sound and images between all persons involved in the proceedings takes place simultaneously.
b. The examination of witnesses, questioning of parties, evidence and personal hearings shall be recorded; other hearings may exceptionally be recorded upon request or ex officio, unless the sole purpose of the hearing is to freely discuss the subject matter of the dispute or to attempt to reach an agreement.
c. Data protection and data security are guaranteed.
2 With the consent of the persons concerned, the transmission of the image may be waived by way of exception if there is particular urgency or other special circumstances in the individual case.3 The Federal Council shall regulate the technical requirements and the requirements for data protection and data security.
Art. 142 para. 1bis
1bis If a consignment is delivered by ordinary post on a Saturday, a Sunday or a public holiday recognized by federal or cantonal law at the place of jurisdiction (Art. 138 para. 4), the notification under paragraph 1 shall be deemed to have been made on the next working day.
Art. 143 para. 1bis
1bis Submissions that are mistakenly submitted to a Swiss court that does not have jurisdiction within the time limit are deemed to have been submitted on time. If another court in Switzerland has jurisdiction, the court without jurisdiction shall forward the petition ex officio.
Art. 145 para. 4
4 The provisions of this Act on the suspension of time limits apply to all actions under the SchKG6 that must be brought before a court. They do not apply to appeals before the supervisory authority.