Definition: Court Placement
The term “court placement” refers, within various legal contexts in Germany and German-speaking legal scholarship, to a set period during which individuals—particularly legal trainees (Rechtsreferendarinnen and Rechtsreferendare)—gain practical experience and knowledge directly at a court. This practice-oriented phase of training is a central element of legal education, especially during the legal traineeship (Referendariat), and covers various areas of court activity. The court placement involves both participation in court proceedings and insight into judicial processes and decision-making.
Legal Basis of the Court Placement
Statutory Foundation
The legal basis for the court placement can be found in the respective laws on legal education of the federal states as well as in the Ordinance on Legal Training and the German Judiciary Act (DRiG). These regulations specify the duration, content, and objectives of the court placement in detail. The court placement is considered a mandatory component of the legal traineeship and is a prerequisite for admission to the second state law examination.
Objective of the Court Placement
Many state training and examination regulations pursue, with the court placement, the goal of providing trainees with a comprehensive understanding of judicial decision-making, procedural rules, proceedings, and litigation strategies. The practical training is intended to deepen the theoretical knowledge acquired at university and further develop procedural skills.
Structure and Conduct of the Court Placement
Duration and Timeframe
The court placement is usually the first stage of the legal preparatory service and generally lasts between three and five months, depending on the regulations of the relevant federal state. In some federal states, an extension or reduction may occur for special reasons.
Content and Activities
During the court placement, trainees are assigned to a regular court (usually a local or regional court). The practical training is divided into the following key areas:
- Observation and Participation in Proceedings: Attending public and private court hearings as well as deliberations and judgments;
- Participation in Judicial Decisions: Independent preparation of draft judgments, orders, directives, and other court documents;
- Dealing with Procedural Law: Practical application and deepening of the Code of Civil Procedure or the Code of Criminal Procedure, depending on the court division;
- Drafting Minutes of Proceedings: Serving as clerk or assisting the court registry.
Supervisory Relationship
During the court placement, trainees are assigned to a supervising judge for individual support. The judge oversees and promotes the trainee’s learning progress, assigns tasks, and provides professional feedback. In addition, trainees participate in peer training events and working groups (AGs).
Legal Relevance of the Court Placement
Importance for the Legal Traineeship
The court placement is fundamental for understanding court procedures as a whole and for developing procedural competencies. The content of the training is a subject of the second state law examination. Absences during this placement may affect eligibility for the examination.
Integration into the Examination Procedure
The knowledge and work acquired during the placement (e.g., prepared judgments) can become part of the practical exam tasks. Thus, the court placement plays an important role in the practical assessment of candidates.
Different Forms of the Court Placement
Classification by Type of Court
The court placement can extend to different court jurisdictions:
- Civil Court Placement: Training in the area of ordinary jurisdiction with a focus on civil procedure law;
- Criminal Court Placement: Training in the area of criminal jurisdiction focusing on criminal procedure law.
In some federal states, there is an additional placement at the public prosecutor’s office, which is usually indicated separately and not referred to as a court placement.
Distinction from Other Training Placements
Difference from Law Firm and Elective Placements
Within the legal preparatory service, there are other training phases besides the court placement, notably the law firm placement and the elective placement. While the law firm placement provides insight into the work of a lawyer and the elective placement is individually arranged, the focus of the court placement is on the activity of the court and judicial decision-making.
Legal Consequences and Duties during the Court Placement
Rights and Duties of Trainees
During the court placement, legal trainees are in a public-law training relationship. They are subject to official supervision and are obliged to maintain confidentiality and conscientiously perform the tasks assigned to them. Compliance with the training content is reviewed regularly and is essential for successful completion of the placement.
Aspects of Liability Law
For possible errors in participating in court decisions, trainees are generally not personally liable while in training, as ultimate responsibility always lies with the supervising judge. However, disciplinary measures may be taken in the event of gross breaches of duty.
Court Placement outside the Legal Traineeship
Internships and Other Forms
In addition to the classic legal traineeship, the term “court placement” can also refer to internships or trial periods when students or other trainees spend a defined time gaining practical experience at a court. The legal foundations for this are less clear and vary according to the educational pathway and the federal state.
Summary
The “court placement” forms an essential part of the legal training and examination process in Germany. It provides practical insight into judicial work, serves to acquire practical knowledge of procedural law, and plays a critical role in preparing for the second state examination. The term is clearly defined by training and examination regulations and is characterized by strict regulatory framework and clear training content.
Frequently Asked Questions
How is the assignment of the court placement determined within the legal traineeship?
The assignment to a court placement during the legal traineeship is generally based on the provisions of the relevant federal state. The Higher Regional Court or the respective State Judicial Examination Office is usually responsible for the assignment. When choosing the specific court, the preferences of trainees are usually considered, but there is no legal entitlement to a particular assignment. In addition to expressed preferences for the location, other selection criteria may be the capacity of the courts or organizational constraints. Trainees are often first assigned to a local court with smaller divisions and later, for longer placements, to a regional court or specialist division to gain various perspectives. Some states have their own application procedures in which preferences must be submitted; the final decision, however, rests with the relevant judicial administration.
What tasks can trainees undertake during their court placement?
Trainees are required during their court placement to deal with both the theory and practical application of the law. Typical tasks include preparing draft decisions for local court judges or judges at the regional court, drafting orders and judgments, as well as preparing legal opinions on specific questions arising in court proceedings. In addition, trainees regularly attend court hearings, take minutes, and sometimes help discuss and organize hearing schedules. In extended responsibilities, they may, under supervision, conduct hearings independently or accompany certain procedural steps in the presence of the judge. Another important element is participating in working groups, where current procedural and substantive legal issues are explored in depth.
What rights and obligations do trainees have during the court placement?
During the court placement, trainees have both rights and obligations. Rights include, in particular, the right to be trained and instructed by the responsible supervisor (often a supervising judge), participation in court hearings and sessions, and use of available resources such as libraries or databases. Duties mainly include regular attendance at the training location and diligent completion of assigned training tasks. This includes timely completion of supervised assignments, active participation in training events, and compliance with confidentiality obligations under § 43a BRAO and § 37 DRiG regarding all official matters. There is also a duty of confidentiality toward parties involved in proceedings and conscientious record-keeping.
How is performance evaluated during the court placement?
The assessment of performance during the court placement is carried out by the supervisor, who evaluates the trainee’s progress, the quality of written work produced, and their commitment in practical training. In individual cases, graded assignments are prepared, with the assessment based on criteria such as accuracy, legal reasoning, and practical implementation. Furthermore, regular observations during minute-taking and participation in hearings are included in the evaluation. The performance assessment is recorded in a training certificate and forms an important part of the overall assessment for the traineeship. In some federal states, placement results are taken into account when admitting candidates to the assessor exam.
What special considerations apply to assignments to specialized courts or divisions?
Assignment to specialized courts (e.g., commercial, criminal or family matters) or specific divisions usually only occurs after prior experience in general divisions to ensure adequate basic training. Applications for a placement in such a specialized division are reviewed with regard to training goals, available positions, and the trainee’s personal interests. Some federal states or higher regional courts handle these assignments more restrictively and implement their own criteria (such as previously demonstrated above-average performance or grounds for a special interest). The final decision always lies with the responsible training authority.
How long does the court placement last, and how can it be extended or shortened?
The duration of the court placement is regulated by state law and is usually between four and six months. Shortening or extension is only possible in exceptional cases, such as proven illness, maternity leave, parental leave, or for professional reasons following an application to the responsible judicial authority. Any extension must be justified and is assessed on a case-by-case basis. An independent extension by agreement with the supervisor is not permitted, as all training periods are mandatorily specified by the applicable training and examination regulations of the respective federal state.
May trainees make or announce court decisions on their own?
Trainees are not authorized to make or announce legally binding court decisions on their own, as they do not possess the authority of a judge. However, they do participate in preparing decisions by drafting judgments or orders for submission to the supervising judge. The judge may use these drafts—as part of their own review and decision-making responsibility—as a basis for their decisions. Announcing judgments is reserved for trained court personnel. In rare cases, the supervisor may permit trainees to conduct simple procedural acts (e.g., evidentiary hearings in cases of comparatively low value under dispute) under their supervision. These activities always take place under the responsibility and in the name of the competent judge.
Is it possible to complete part of the court placement abroad?
In principle, it is possible to complete part of the court training placement abroad, provided this is allowed by the relevant training and examination regulations of the federal state. This typically takes the form of an additional placement or exchange, during which trainees gain insight into the work of foreign courts or institutions. Prerequisites usually include that the educational value of the foreign placement is equivalent to that of the German court training and that supervision by a qualified instructor is guaranteed. Additionally, an appropriate application must be submitted in good time to the responsible authority and approved. However, it is not possible to complete the entire court placement abroad.