NORWAY Law and Practice Contributed by: Knud Jacob Knudsen, Jenny Sandvig, Oda Lauksund Engamo and Nicholas Foss Barbantonis, Advokatfirmaet Simonsen Vogt Wiig
The procedure involves oral arguments and can also involve witness/expert examination at hear- ings. 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 interlocutory orders and decisions), and when written treatment is viewed to be most effective when combined with active case man- agement. The Dispute Act also provides for the use of written material in oral negotiations, such as written statements from parties and witness- es. 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 notification that security has been provided. Execution includes deciding which asset shall be arrested if this has not already been decided, establishing legal protection 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 enforcement 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 hear- ing 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. Case Management Hearings Before More Complex Trials For regular proceedings, the courts prepare a plan for the proceedings, setting time limits and making necessary 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 Nor- way. 7.4 Rules That Govern Admission of Evidence The following categories of evidence are explic- Most evidence can be placed in one of these categories. However, this enumeration of evi- dence in the Dispute Act is not exhaustive. There are certain circumstances in which evi- dence 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 assessment, evidence can also be withheld for other reasons. 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. itly mentioned in the Dispute Act: • party statements (Chapter 23); • witness testimony (Chapter 24); • expert evidence (Chapter 25); and • real evidence (Chapter 26).
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