Definition and Significance of the Judgment Header
In German law, the judgment header refers to the introductory section of a judicial judgment, which compiles the essential formalities and information about the decision. The judgment header appears at the beginning of a written judgment and serves the purpose of precisely stating the parties involved, the proceedings, and the court. It thus forms the indispensable foundation for the identification and classification of the decision within court records, legal correspondence, and for subsequent appellate procedures.
Legal Basis for the Judgment Header
The substantive requirements and mandatory content of the judgment header are primarily derived from the procedural codes, especially from Section 313 (1) of the German Code of Civil Procedure (ZPO) for civil cases, Section 275 of the Code of Criminal Procedure (StPO) for criminal matters, and from the corresponding provisions of the Administrative Court Rules (VwGO), Fiscal Court Code (FGO), and Social Court Act (SGG). For labor courts, Section 313 ZPO is applicable via Section 46 (2) sentence 1 of the Labor Court Act (ArbGG).
There is no explicit heading “judgment header” in the law; rather, its content is governed in terms of the “judgment formula” or the information displayed. This falls under the judicial rendering of judgment pursuant to Section 315 ZPO.
Content Components of the Judgment Header
Designation of the Court
The judgment header always specifies the deciding court, stating the chamber or the judicial body. This includes, for example:
- Local Court, Regional Court, Higher Regional Court, Federal Court of Justice, or corresponding specialized jurisdictions
- Chamber/Division/Senate
File Number and Decision Date
The official file number is an essential part for the clear allocation and identification of the decision, both within and outside the court. The date of the oral hearing or the pronouncement of the judgment is also regularly given.
Parties and Their Representation
The judgment header lists the parties to the legal dispute, usually including all litigants. In civil matters, these are the plaintiff and defendant; in criminal matters, the accused and the public prosecutor. Additionally, the procedural representatives—such as lawyers or official representatives—are named, insofar as they are appointed in the proceedings. Information regarding third-party intervenors, assisting parties, or other participants is also included.
Type of Proceedings and Caption of the Tenor
It is customary in the judgment header to state the kind of proceedings (e.g., “In the legal dispute”) and a brief designation of the subject matter. It usually begins with the note that the judgment is issued “In the name of the people.”
A typical structure is as follows:
“In the name of the people
Judgment
of the Regional Court X
dated …
In the legal dispute …”
Session Data, Bench, and Record Keeping
The judgment header lists the date of the oral hearing as well as the names of the judges involved in the decision. The record keeping of the hearing is also documented, especially in the case of a disputed hearing. It often also includes the note that a consultation took place.
File Number, Subject Matter, and Witnesses (if applicable)
In civil judgments, the subject matter—that is, the characteristic designation of what the dispute is about—is also specified, for example: “regarding claims for compensation arising from a traffic accident.” Witnesses are usually not named in the header, but rather within the evaluation of evidence.
Significance and Functions of the Judgment Header
Legal Certainty and Traceability
The judgment header makes a decisive contribution to legal certainty by clearly defining who participated in which proceedings and which court decided the matter. This ensures transparency and traceability, including for later appeals such as appeals or revisions.
Binding Effect for Further Proceedings
Many elements of the judgment header focus on the binding effect of a court decision, particularly with regard to party identity and subject matter. Errors in recording the parties involved can lead to significant problems in identifying and enforcing the decision.
Documentation and Archiving
The completeness of the judgment header is indispensable for judicial and official archiving. Only in this way is later allocation in court and register files as well as publication in case law databases possible.
Typical Characteristics and Variations
Differences by Jurisdiction
Across all jurisdictions, the content of the judgment header remains comparable, although there are differences in structure, for example between civil courts, criminal courts, and administrative law. For example, in criminal judgments, accurate identification of the accused (identity and personal data) is regularly required, whereas in administrative law the authority involved is named.
Exceptional Cases and Corrections
If a mistake is made in the judgment header—for instance, concerning the designation of a party—a correction order pursuant to Section 319 ZPO is normally possible. However, such corrections relate exclusively to obvious errors and must not alter the substance of the decision.
Practical Significance in Legal Practice
Errors in the judgment header can have significant consequences. Incorrect or imprecise information regarding parties, legal successors, or case numbers can cause problems with legal force, service of process, or with appellate procedures. In practice, it is therefore essential that the judgment header is drafted with the utmost care.
Summary Overview
- The judgment header is located at the beginning of written judgments and summarizes formalities such as parties, subject matter, court, and case number.
- It is regulated by procedural codes (including Section 313 ZPO).
- Its accuracy is crucial for the validity and enforceability of the judgment.
- Mistakes can be corrected by a correction order, but must not change the content of the decision.
References and Weblinks
For further information, the relevant commentaries on procedural codes are recommended, for example:
- Zöller, Zivilprozessordnung (on Section 313 ZPO)
- Meyer-Goßner/Schmitt, Strafprozessordnung (on Section 275 StPO)
- Kopp/Schenke, Verwaltungsgerichtsordnung (VwGO)
Further information is provided by published sample decisions on the websites of the federal courts.
Keywords: judgment header, judgment, civil litigation, criminal judgment, court proceedings, party designation, case number, Section 313 ZPO, correction order
Frequently Asked Questions
What information must a judgment header contain?
According to the applicable procedural rules, the judgment header must contain certain minimum information in order to ensure the identification and legal classification of the judgment. This includes, in particular, the court that issued the decision, the phrase “In the name of the people” for state courts, the case number, the date of the judgment, as well as the names of the parties and their legal representatives. The decision date and the names and roles of the participating judges must also be provided. In special cases—such as when lay judges or honorary judges participate—their names must also be listed. The exact scope may be further specified in the relevant codes of procedure (e.g., Code of Civil Procedure, Code of Criminal Procedure, Administrative Court Rules). The completeness and correctness of the judgment header are important for the validity and deliverability of the judgment.
What is the significance of the judgment header for the validity of a judgment?
The judgment header is an essential component of the judgment and is indispensable for its validity. A defective or incomplete judgment header can lead to serious legal problems. For example, incorrect designation of parties or court may render the judgment uncertain and potentially invalid. The judgment header is also critical for service, calculation of deadlines, and the lodging of appeal proceedings. In exceptional cases, certain errors may be remedied by correction according to the provisions governing the correction of judgment formulas (Section 319 ZPO), provided that there is no fundamental uncertainty as to the identity of the judgment.
How is a faulty judgment header corrected?
If it is subsequently determined that the judgment header is erroneous, the court may, in accordance with Section 319 ZPO or equivalent provisions in other procedural rules, carry out a correction. The correction serves solely to rectify obvious errors in writing, calculation, or transcription, and under no circumstances may it affect the substantive content of the decision. The decision on the correction can be made by the court ex officio or upon application by a party. For this purpose, the court issues a correction order that expressly amends the original judgment header and takes effect retroactively. The parties are to be informed of the order, and the revised version becomes part of the court record.
What role does the judgment header play with regard to instructions on legal remedies?
The judgment header is crucial for proper instructions on legal remedies in that it contains all relevant information necessary for lodging the respective legal remedy. This includes, in particular, the exact designation of the parties, the case number, the deciding court, and the date of the pronouncement of the judgment. Incorrect or incomplete instructions on legal remedies, originating from the judgment header, can render such instructions ineffective and, in certain constellations, enable the restoration of previous circumstances. The judgment header thus forms an important basis for the effective pursuit or defense of legal rights.
Is the judgment header reproduced in full in published judgments?
When judicial decisions are published in legal journals, databases, or official collections, the essential parts of the judgment header are regularly included. However, personal data—especially names of natural persons or parties—are often anonymized or abbreviated for data protection reasons. Nevertheless, the necessary information such as decision date, panel, case number, and court is always provided, as it is indispensable for the traceability and citability of the published decision. Authentic judgment headers are found only in the original court documents.
What differences exist regarding the judgment header in different jurisdictions?
Between the different branches of jurisdiction—i.e., ordinary jurisdiction (civil and criminal courts), labor, administrative, fiscal, and social courts—there are, in part, formal differences regarding the structure of the judgment header. For example, in civil proceedings, the exact designation of parties is especially prominent, whereas in other jurisdictions, additional requirements may exist, such as information on the parties involved, seat, or representation of corporate bodies. The common feature, however, is always that the judgment header presents the essential identifying characteristics of the judgment in a structured way to ensure clarity and legal certainty. Further details are governed by the respective rules of procedure and internal court directives.
