NORWAY Law and Practice Contributed by: Christian Reusch, Jenny Sandvig, Oda Lauksund Engamo and Therese Sætre Løfsgaard, Advokatfirmaet Simonsen Vogt Wiig
Advokatfirmaet Simonsen Vogt Wiig Filipstad brygge 1 P. O. Box 2043 Vika N-0125 Oslo Norway Tel: +47 21 95 55 00 Email: post.oslo@svw.no Web: www.svw.no
1. General 1.1 General Characteristics of the Legal System Civil litigation in Norway is governed by the Dispute Act of 2005. The Norwegian legal system is based on a civil law tradition where the main sources of law are statutes and the official preparatory works to stat- utes. However, case law from the Norwegian Supreme Court is also an important source of law. In general, civil proceedings are based on an adver- sarial model, although with some inquisitorial ele- ments depending on the nature of the case. The legal process is conducted through a combina- tion of written submissions and oral arguments. Dur- ing the preparation of the case, the parties submit one or several written pleadings to the court. The case is normally decided after a hearing where all the evi- dence is presented, both documentary evidence and witnesses. Civil cases may also be decided based on a combination of written submissions and oral argu- ments, or solely on written submissions, but this is less common. 1.2 Court System Court Bodies The Norwegian court system consists of the ordinary courts as well as some special courts and court-like bodies. The ordinary courts of Norway are of general jurisdiction and consist of three levels: • the district courts; • the courts of appeal; and • the Supreme Court.
Norway does not have its own administrative courts. Those affected by an administrative decision can bring the decision before the ordinary courts for a review of the decision’s validity. There are also no small claims courts in Norway. Cases regarding small claims are heard by the ordinary courts, but the procedure is slightly different, with the aim of reducing legal costs. Some civil matters are reserved for special courts, including certain cases regarding property rights, which are heard by the land consolidation courts. Decisions from these courts can be appealed to the ordinary courts of appeal. Cases regarding collective labour agreements are heard by the Labour Court. With a few exceptions, these decisions cannot be appealed. Court-like bodies include: • the National Insurance Court, which considers dis- putes over social security and pension; and • the Finnmark Land Tribunal, which considers dis- putes regarding the rights to land and water in the Finnmark Region of Norway. Duration From Start of Proceedings to Trial For cases before the district courts, the main hearing shall, as a rule, be scheduled within six months from the submission of the writ of summons. Extensions are permitted only under special circumstances. This guideline is similarly applied to the courts of appeal. Timeliness is a critical aspect of the Norwegian legal process, aimed at ensuring that decisions are both of high quality and delivered within a reasonable time- frame. At the Supreme Court level, the average dura- tion from the filing of a civil case to the appeal hearing
842 CHAMBERS.COM
Powered by FlippingBook