NORWAY Law and Practice Contributed by: Knud Jacob Knudsen, Jenny Sandvig, Oda Lauksund Engamo and Nicholas Foss Barbantonis, Advokatfirmaet Simonsen Vogt Wiig
another case about the same legal claim be pending before the courts (litis pendens). • Anyone who has filed a lawsuit or declared a legal remedy must attend the court hear- ings specified; the case shall be rejected if the complainant fails to attend and there are no grounds to believe that they are lawfully absent. • There are also requirements regarding the content and form of complaints to the concili- ation board, the writ of summons and legal remedy declarations. Examples of special procedural requirements include time limits for lawsuits and foreign plain- tiffs’ duty to provide security for liability for legal costs. 4.4 Requirements for Interested Parties to Join a Lawsuit Interested parties may join a lawsuit through the rules of third-party intervention, in a support action for a party in the case. The third party cannot put forward any independent claim but can provide evidence and argue in favour of the party they support. Third-party intervention shall be permitted by a person who, by virtue of their own legal status, has a real interest in one of the parties succeed- ing with its actions, and by associations, founda- tions and public bodies charged with promoting specific interests in cases that fall within the pur- pose and normal scope of such organisations. Furthermore, third-party intervention shall be declared in pleadings or at a court hearing before the case as such is ruled on. The decla- ration shall state the grounds for the intervention and shall be notified to the parties together with a time limit for contesting the intervention. If the intervention is contested, the issue of the right
to intervene shall be determined by interlocu- tory order. Interested parties that are not a plaintiff or defendant, or that can join the lawsuit through third-party intervention, can give written submis- sions. 4.5 Applications for Security for Defendant’s Costs The defendant may demand that a claimant who is not habitually resident in Norway provide security for their potential liability for costs that may incur during the proceedings before the current court. There are several exceptions to this rule. If security is ordered by the court but not pro- vided within the prescribed time limit set by the court, the case shall be rejected. 4.6 Costs of Interim Applications/ Motions For cases of provisional security, the legal cost rules set out in Chapter 20 of the Dispute Act apply as a starting point for liability for legal costs (Section 32-2 of the Dispute Act, first sen- tence). However, there are some peculiarities for two more special situations. In Section 32-10 of the Dispute Act, first sentence, it is specified that the court can also impose liability for legal costs in cases that are decided without an oral hearing. Furthermore, if costs are imposed on the defendant in a case concerning arrest, such costs shall be included in the amount in respect of which arrest is taken. In both cases, it is a prerequisite that legal costs have been claimed. 4.7 Application/Motion Timeframe The timeframe for a court to deal with an appli- cation varies depending on the judicial authority and the form of procedure the case will follow.
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