NORWAY Law and Practice Contributed by: Knud Jacob Knudsen, Jenny Sandvig, Oda Lauksund Engamo and Nicholas Foss Barbantonis, Advokatfirmaet Simonsen Vogt Wiig
requests to produce evidence shall be complied with, unless the demand is covered by excep- tions. 5.4 Alternatives to Discovery Mechanisms The legal system in Norway does not provide for discovery in the traditional Anglo-American sense, but does provide for other discovery mechanisms. These mechanisms (described in more detail elsewhere in this chapter) are suf- ficient to obtain evidence that is of importance to the case. 5.5 Legal Privilege Norwegian law recognises the concept of legal privilege. This is one of the exceptions to the general obligation to provide evidence that is relevant to the case. The courts are not allowed to receive evidence from lawyers regarding any- thing entrusted to them in their position as coun- sel. An exception to the general rule is made if the person entitled to confidentiality consents to the sharing of evidence covered by attorney- client privilege. The ban applies to both in-house and external lawyers. The decisive factor for the scope of the provision is whether the lawyer performs work for a client or for a company in which they are employed, and the employment is of such a nature that it must be regarded as legal practice. 5.6 Rules Disallowing Disclosure of a Document In addition to the rule that evidence covered by attorney-client privilege does not need to be shared, there are also other rules that allow a party to not disclose a document. The rules apply to the following evidence/information:
• information of importance to the security of the kingdom or relations with foreign states; • discussions in government conferences; • information that is subject to statutory confi- dentiality; • information that is subject to a statutory duty of confidentiality for guardians; • court proceedings and court decisions; • evidence related to trust in special profes- sionals; • evidence about reputation and credibility; • evidence obtained improperly; • exemptions for close relatives for information provided by the party; • incriminating personal data; • evidence concerning trade secrets; and • mass media (source protection). In addition to this, the rule on proportionality between the significance of the dispute and the evidence can also allow a party to not disclose evidence. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Temporary injunctive relief may be awarded when a decision is urgent. There must be cir- cumstances which indicate that there is a need for a temporary decision before the trial can be held, typically because something may occur in the meantime that cannot be reversed later. The injunctions available can: • require the defendant to refrain from an act; • require the defendant to perform or tolerate an act; or • require an asset to be removed from the defendant’s possession and taken into cus- tody.
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