Swiss Civil Procedure Code

¹Judges and ju­di­cial of­ficers shall re­cuse them­selves if:

a.

they have a per­son­al in­terest in the case;

b.

they have ac­ted in the same case in an­oth­er ca­pa­city, in par­tic­u­lar as mem­ber of an au­thor­ity, leg­al agent, ex­pert wit­ness, wit­ness or me­di­at­or;

c.

they are or were mar­ried to, or live or lived in a re­gistered part­ner­ship or co-habit with a party or his or her rep­res­ent­at­ive or a per­son who has ac­ted in the same case as a mem­ber of the lower court;

d.

they are re­lated to a party by birth or mar­riage in dir­ect line or in col­lat­er­al line up to the third de­gree;

e.

they are re­lated by birth or mar­riage in dir­ect line or in col­lat­er­al line up to the second de­gree to the rep­res­ent­at­ive of a party or a per­son who has ac­ted in the same case as a mem­ber of the lower court;

f.

they may not be im­par­tial for oth­er reas­ons, not­ably due to friend­ship or enmity with a party or his or her rep­res­ent­at­ive.

²In­volve­ment in the fol­low­ing, in par­tic­u­lar, is in it­self no reas­on for re­cus­al:

a.

the de­cision on leg­al aid;

b.

the con­cili­ation pro­ceed­ings;

c.

the set­ting aside of an ob­jec­tion un­der Art­icles 80 to 84 DEBA¹;

d.

the or­der­ing of in­ter­im meas­ures;

e.

pro­ceed­ings for pro­tec­tion of the mar­it­al uni­on.