SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
are subject to the so-called principle of imme- diateness, all types of evidence shall, as far as possible, be presented at the main hearing and not by way of written submissions. 7.5 Expert Testimony Expert testimony is permitted at trial and such evidence is normally introduced by the parties, not the court. However, in Chapter 40, Section 1 of the Procedural Code, it is stated that the court itself may seek expert guidance if it is neces- sary in order for the court to be able to assess the matter. Before an expert is appointed on the court’s initiative, the parties shall have the opportunity to provide comments. 7.6 Extent to Which Hearings Are Open to the Public As a rule, hearings are open to the public. There are a few exceptions to this (see 1.3 Court Fil- ings and Proceedings ). 7.7 Level of Intervention by a Judge The court has a duty to guide the parties as needed during both the preparatory phase of the trial and during the main hearing, although the actual impact of this duty depends heavily on the character of the case and if the parties are represented by professional counsel or not. The purpose of any intervention of the court is to clarify any ambiguities in the statements made by the parties and to safeguard the rule of law by, among other things, assuring that the case is properly investigated and that procedural errors are avoided. Procedural issues will almost with- out exception be handled in separate decisions and not in the final judgment. In civil cases, it is generally the case that the court shall intervene only when necessary. The court may direct the proceedings as long as it remains impartial and pursues the overall pur-
pose of efficient proceedings. As a rule of thumb, directives by the court during the proceedings in civil cases where out-of-court settlements are allowed shall be limited to guiding the parties in order to clarify what relief they are seeking and what factual allegations they invoke as the basis for their claims. 7.8 General Timeframes for Proceedings It is difficult to state a general timeframe for proceedings since it depends both on the cir- cumstances of the case and the workload of the court. Normally, the preparatory phase in a commercial dispute would require six months to one year depending on the complexity of the case, and ideally the main hearing will be held shortly thereafter. However, in more complex commercial cases it is not unusual for a trial at first instance to require two or even three years. Typically, procedural issues like document pro- duction would lengthen the timeframe consid- erably since certain procedural issues may be appealed to the court of appeal. Court approval is not required to settle a law- suit in Swedish civil cases. However, upon the parties’ joint motion, the court can confirm the settlement in a consent judgment in order to achieve enforceability and res judicata effect. 8.2 Settlement of Lawsuits and Confidentiality A settlement in a civil case could be entered into either out of court or during the court proceed- ings. If the settlement is made out of court, it will remain confidential if the parties agree to a confidentiality undertaking. However, if the par- ties request that the settlement is confirmed by 8. Settlement 8.1 Court Approval
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