NORWAY Law and Practice Contributed by: Christian Reusch, Jenny Sandvig, Oda Lauksund Engamo and Therese Sætre Løfsgaard, Advokatfirmaet Simonsen Vogt Wiig
Case Management Hearings Before More Complex Trials For regular proceedings, the courts prepare a plan for the proceedings, setting time limits and making nec- essary decisions, including whether the proceedings in the case should be split. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases in Norway. 7.4 Rules That Govern Admission of Evidence The following categories of evidence are explicitly
As a general rule for regular proceedings, the court rules on the subject matter of the action following oral proceedings at a main hearing. Oral hearing is also the main rule for the small claim procedure and in the case of appeals. The procedure involves oral arguments and can also involve witness/expert examination at hearings. However, the Disputes Act also provides for written proceedings for certain matters (such as rulings on procedural issues, including whether the case shall be rejected or dismissed, appeals against interlocu- tory orders and decisions), and when written treat- ment is viewed to be most effective when combined with active case management. The Dispute Act also provides for the use of written material in oral nego- tiations, such as written statements from parties and witnesses. 7.2 Case Management Hearings Arrest If the claimant is ordered to provide security, the arrest shall be executed as soon as the court receives noti- fication that security has been provided. Execution includes deciding which asset shall be arrested if this has not already been decided, establishing legal pro- tection for the arrest and notifying the parties of the result of the execution. The court may, in whole or in part, assign execution of the arrest to the enforce- ment officer in any judicial district. If the court assigns the enforcement officer the task of deciding which asset shall be arrested, it can decide which asset the enforcement officer should preferably seek. Interim Measure The execution of an interim measure shall only take place if (and then as soon as) the claimant requests it. Small Claim Procedure In relation to the small claim procedure, the hearing is conducted orally and can be held in the form of a distance meeting. The hearing shall not exceed one day, unless there are particularly strong reasons that warrant a longer hearing.
mentioned in the Dispute Act: • party statements (Chapter 23); • witness testimony (Chapter 24); • expert evidence (Chapter 25); and • real evidence (Chapter 26).
Most evidence can be placed in one of these cat- egories. However, this enumeration of evidence in the Dispute Act is not exhaustive. There are certain circumstances in which evidence is prohibited. In other cases, the person who is asked to give an explanation or provide evidence may refuse or be exempted from doing so. After a concrete assess- ment, evidence can also be withheld for other rea- sons. This applies, among other things, if the evidence is irrelevant, was acquired illegally, or is offered too late. 7.5 Expert Testimony Expert testimony is permitted at trial. The parties can introduce expert testimony, and the court itself can seek expert testimony. 7.6 Extent to Which Hearings Are Open to the Public Court hearings are normally open to the public. Exceptions from the main rule apply, inter alia, when consideration of the state’s relation to a foreign pow- er requires it, for proceedings before a conciliation board, in cases concerning a duty of confidentiality and in cases concerning administrative decisions on coercive measures in the health and social services.
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