NORWAY Law and Practice Contributed by: Andreas Stang Lund, Per Conradi Andersen, Alexander Daae and Emilie Wilberg, Kvale Advokatfirma DA
appeals cases is part of a wider modernisation of the appeal process. The lawmakers have endorsed a gen- eral rule that recordings of party and witness testimo- nies from the district court are to be played in the court of appeal, rather than the evidence being given again, subject to exceptions where required in the interest of a fair hearing. The reform presupposes wider use of recording equipment in the district courts, and is intended to make appeals more efficient and promote greater consistency of treatment, while also sharpen- ing the focus on thorough presentation of evidence at first instance. According to the main rule, the general limitation peri- od is three years. If the claim is based on a breach of a contract, the limitation period normally runs from the date of the breach – for example, from the date of delivery of a defective item. The limitation period for claims in tort/delict runs from the date when the injured party knew, or should have known, of the occurrence of the damage and the liable party. In addition, there are several limitation periods that will apply in relation to particular claims. A supplemen- tary one-year period will apply if the creditor has been unable to pursue the claim due to lack of necessary knowledge; this supplementary period will apply on all types of claims. However, the time limit for contractual claims may only be extended for ten years, giving a maximum time limit of 13 years for such claims. For claims in tort, a maximum time limit of 20 years from the time of the damage applies. 2. Litigation 2.1 Limitation Periods It is worth noting that time limitation will be interrupted only by legal steps, or by the debtor’s acknowledge- ment. Agreements between the parties to suspend limitation for a certain period of time are not uncom- mon. A demand letter or a notice of claim will not interrupt limitation under Norwegian law. 2.2 Court Structure The Norwegian court structure has a three level sys- tem:
• District Courts; • Appeal Courts; and • the Supreme Court at the top.
In addition, submission of the claim to the conciliation board is mandatory for low-value claims, before going to court. The court system is unitary and has gen- eral jurisdiction, and applies to both civil and criminal cases. Unlike several other jurisdictions, there are no separate administrative courts. 2.3 Pre-Action Conduct Before initiating legal proceedings, the claimant shall give a written notice of the claim to the defendant. The notice shall describe and identify the claim, and state its factual and legal grounds. It shall also require the defendant to reply within a reasonable timeframe. Significant written evidence shall be attached, inso- far as it must be assumed that the defendant does not possess such evidence already. This also applies when the defendant replies. Non-compliance with the requirement to give written notice to the defendant will not lead to dismissal of the claim. However, the court may take non-compliance into consideration when deciding the costs of the matter. In particular, that may happen if the claim is accepted by the defendant in the first reply to the writ. 2.4 Stages of Court Proceedings After a notice has been given and answered, the claimant may file the claim. For certain claims, prior proceedings at the conciliation board are mandatory. In most matters of a certain complexity, the concili- ation board will not handle the matter, and will solely refer it to the district court. The District Court is the court of first instance. Pro- ceedings are commenced by filing a writ of summons, to which the defendant responds by submitting a written defence statement. The court will then con- vene a case management hearing, where a timetable for the proceedings is set. If the court considers the case suitable for judicial mediation, it will decide that mediation shall take place; many cases are resolved in that way. Following further written preparation, and assuming that the matter is not resolved amicably, the case proceeds to the main hearing, at which doc-
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