NORWAY Law and Practice Contributed by: Christian Reusch, Jenny Sandvig, Oda Lauksund Engamo and Therese Sætre Løfsgaard, Advokatfirmaet Simonsen Vogt Wiig
7.7 Level of Intervention by a Judge The judge has a duty to manage the case and the hearing. How detailed the control should be is up to the court. As the practical conditions for the execu- tion of the main hearing will often be established in advance and discussed with the parties, it will normal- ly be sufficient for the judge to ensure that the plan has been followed and otherwise clarify that everything is in place for a concentrated hearing. The court shall ensure that the main hearing proceeds in a focused and proper manner without unnecessary delays. Proceedings on issues that are irrelevant to the case shall be denied, as will unnecessary repeti- tion and unnecessarily broad proceedings. For regular proceedings, the main rule is that the judge, after the main hearing, closes the case for judgment. The ruling shall be pronounced within four weeks after the main hearing or appeal hearing has been concluded. If the case is heard by a single judge, the time limit is two weeks. If the case is so demand- ing that it is not possible to meet this time limit, the ruling may be pronounced later. The ruling shall state the reason for any delay in pronouncement. In cases that are tried after the small claims procedure and heard orally, judgment shall be rendered at the end of the court hearing if the judge finds reason to do so. Otherwise, judgment shall be rendered within one week after the parties have been informed that the case is closed for judgment. 7.8 General Timeframes for Proceedings The general timeframes for proceedings from com- mencement of claim through to trial vary depending on the legal institution and procedural form. For proceedings before a conciliation board, the meet- ing to hear the case should take place within three months after the complaint is submitted. For regular proceedings in the first instance, the main hearing shall be scheduled no more than six months after the date of submission of the writ of summons, unless special circumstances dictate otherwise. The same applies to appeals. Oral appeal hearings before a court of appeal and the Supreme Court must nor-
mally take place within six months after the appeal has been submitted to the court. According to the Dispute Act, the case shall normally be concluded by judgment within seven months after the submission of the writ of summons. For cases tried under the rules for small claims proce- dures, the timeframe for the hearing will normally be half a day and the case shall normally be concluded by judgment within three months after the writ of sum- mons was submitted. As a main rule, court approval is not required to settle a lawsuit in Norwegian civil cases, as most cases can be settled through an out-of-court settlement. How- ever, the parties may conclude the settlement as an in-court settlement if they agree on this. The settle- ment will then be signed by the members of the court and entered in the court register, but the court will not carry out comprehensive control over the content of the settlement. The parties’ right of disposition is limited in certain cases, including matters of personal status and legal capacity, matters regarding the legal status of children and administrative decisions on coercive measures. If such a case is brought before the court, the court has an independent responsibility for the outcome of the case, so a settlement between the parties must be approved by the court. Furthermore, certain cas- es cannot be settled under any circumstances if they are brought before the court, including child welfare cases. 8.2 Settlement of Lawsuits and Confidentiality Civil cases can be settled through an out-of-court set- tlement or through an in-court settlement. If the settle- ment is made out of court, it will remain confidential if the parties agree to a confidentiality undertaking. If the parties choose an in-court settlement, the settlement is entered in the court register. Thus, as a main rule, the settlement is public. 8. Settlement 8.1 Court Approval
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