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Exhaustion of remedies

The requirement that available lower-instance legal remedies be used before a case can be brought to the Federal Supreme Court.

Exhaustion of remedies means that a party must first use the ordinary legal avenues available before the competent lower authorities. In Swiss Federal Supreme Court procedure, the Court generally reviews decisions of the highest competent cantonal or federal lower authority, not issues that could still be addressed elsewhere. The rule supports subsidiarity, procedural economy, and respect for the lower courts’ fact-finding and legal review. A party that fails to raise an available argument or remedy in time may face inadmissibility or be barred from presenting it later.

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