A free attempt (Freiversuch) protects you in the first state examination, the compulsory subject exam, if the first attempt does not succeed. Two conditions matter: early registration and complete performance of all examination components. If you meet both, a repeat does not start with a burdened attempt. This guide explains the federal rule and shows where state law sets the deadlines.
In short: Under section 5d subsection 5 of the German Judges Act (DRiG), the first state examination can be repeated once. A failed examination counts as not taken if you registered early and completed all examination components. Registration deadlines and further details are set by state law, so check your state’s rules (as of November 2026).
The most important points
- According to the federal text, the free attempt concerns the first state examination in law.
- A failed examination counts as not taken if the conditions are met.
- Under federal law the compulsory subject exam can be repeated once.
- The registration deadline, credit for study abroad, illness and leave are regulated by state law.
- State law may also provide a repeat to improve the grade.
What does a free attempt mean?
The term describes an attempt that is not counted against the number of examination attempts. In law studies this matters, because federal law allows one repeat of the compulsory subject exam. If you know the rules of the free attempt, you can plan the repeat without an extra burden.
The statute does not use the word free attempt. It describes the consequence instead: a failed examination counts as not taken. That consequence is the core of the rule, which is why the wording matters.
Which conditions does federal law set?
The rule depends on two conditions, and both must be met. It is not enough that you failed. You must also act in time and complete the course of study in the prescribed way.
- You register early for the first state examination. What counts as early is set by state law.
- You complete all examination components before the examination is treated as failed.
- The examination is failed, and you take the one permitted repeat.
Ask the responsible examination office early which deadline applies to your date, and keep the confirmation in writing.
Why do the details sit in state law?
Legal training is a matter for the states. Federal law sets the framework, and the states fill in the details. For that reason, you will find registration deadlines and rules on study abroad, illness and leave in the state examination regulations, not in the federal act.
| Rule | Who sets it | What to check |
|---|---|---|
| Free attempt counted as not taken | Federal level, section 5d subsection 5 DRiG | The conditions of early registration and complete performance |
| Registration deadline | State | The exact deadline for your date at the examination office |
| Credit for study abroad | State | Whether and how study periods abroad are credited |
| Illness and leave | State | Which evidence is required and what consequences follow |
| Interruption of the examination | State | How an interruption is reported and whether it affects the free attempt |
| Repeat to improve the grade | State may provide it | Whether your state offers this option at all |
How does the result affect the overall grade?
The federal text also sets the weighting for the certificate. The state compulsory subject exam counts for 70 percent of the overall grade, and the university specialisation exam for 30 percent.
Assumption: the compulsory subject exam gives 8 points and the specialisation area gives 10 points, on an example scale. The weighting then gives 0.7 times 8 plus 0.3 times 10, which is 8.6 points. The actual scale and conversion follow the grading regulations of the state and the federal rules that can set the grading scale.
What happens on a repeat?
Under federal law the compulsory subject exam can be repeated once. State law may also provide a repeat to improve the grade. Whether such an improvement attempt exists in your state, how it is applied for and how much time is allowed is set by state law, and this guide does not cover every state in detail.
The second examination follows other rules. Our guide on repeating the state examination (in German) shows how an improvement attempt works in a specific state.
How do you plan a repeat?
Plan the repeat so that enough time remains between the announcement of the result and the next date for registration. Ask the examination office when results are announced and whether registration for the repeat date is bound to a deadline. Note the date of the announcement, because state law may attach a deadline to it.
What should you watch for?
- The registration deadline for your date under state law and at the examination office.
- Complete performance of all examination components before the examination is treated as failed.
- The evidence for illness or interruption that state law requires.
- Written replies from the examination office, which you keep with your records.
Frequently asked questions
Do I really have to register early?
Yes, early registration is one of the conditions named in section 5d subsection 5 DRiG. State law decides what early means. Do not wait until the end of the registration period, and ask about the date early.
Does the free attempt still count if I am ill?
The federal text expressly leaves illness and leave to state law. Whether an illness affects the free attempt therefore depends on the state and the procedure. For the conditions of a withdrawal for illness, read our guide on withdrawal from the state examination (in German).
Does the rule also apply to the second state examination?
The federal text speaks of the compulsory subject exam. The second examination follows the rules of the state examination regulations. Check there whether a comparable rule applies.
Do the rules also apply to teacher training students?
For teacher training students the examination rules follow the state law of the relevant state. The examination office of your university or the state examination office will tell you the procedure and the deadlines.
What you can do now
- Identify the examination regulations of your state and the office that processes your registration.
- Ask about the registration deadline and how to prove the early free attempt.
- Complete all examination components before you treat the examination as failed.
- Document illness and interruptions with the required evidence.
Related articles
- Staatsexamen and Referendariat: Reforms, Deadlines and Rules at a Glance, the hub for this topic group.
- Withdrawal from the State Examination: Medical Certificate, Form and Consequences.
- Repeating the State Examination: What Federal and State Law Allow.
- First State Examination Failed: The Next Steps.
- Compensation of Disadvantages in the State Examination.
Sources: German Judges Act, section 5d, reproduction of the text with version from 1 January 2023 (status of the reproduction: end of 2024) (in German).
Last updated: November 2026. This guide is general information, not individual advice.
