The judge can introduce evidence ex officio, although this is extremely rare in practice. In contested proceedings, the court's failure to obtain evidence on the court's own motion is never a ground for appeal, since only an erroneous denial of a motion of a party would constitute reversible error. Also, a reversal is only possible if the court has done too little. The introduction of superfluous, or even inadmissible, evidence is not reversible. In cases where the amount involved is more than thirty thousand Austrian schillings, approximately three thousand United States dollars, parties have to be represented by a lawyer, the only exception being family law cases and landlord-tenant disputes.
Legal aid is available.
In cases where one party or both parties is not represented by counsel, the court has to give the party or parties the necessary information concerning their motions and instructions as to the consequences of their acts or omissions. It is the court's task to compensate the lack of legal knowledge but not to recommend certain factual allegations or evidentiary motions. The court has to avoid the appearance of being a party's advisor or counsel. Thus, e.g., in a divorce case, the court would inform the parties about possible grounds for divorce but would leave it up to the parties to determine which issues to raise and how to support the issues by evidence. Especially in monetary claims, the court would ask the defendant why the defendant thinks he or she does not have to pay and advise as to how a defense can be raised.