LUXEMBOURG Law and Practice Contributed by: Fabio Trevisan and Laure-Hélène Gaicio-Fievez, BSP
7. Trials and Hearings 7.1 Trial Proceedings
it appears necessary to establish or safeguard evidence (Article 350 of the NCPC). Witnesses can be involved in both oral and writ- ten proceedings. 7.2 Case Management Hearings Shorter hearings are conducted in the same way as hearings in oral proceedings – ie, by the oral pleadings of the parties in open court. 7.3 Jury Trials in Civil Cases Jury trials are not available in Luxembourg. 7.4 Rules That Govern Admission of Evidence Unless otherwise provided for by the law, the burden of proof in civil matters is on the party who alleges a fact or a right. Documents serv- ing as evidence may only be considered by the courts if they have been duly communicated to the other parties in due time and at least four days before the pleadings take place. Parties may file a request to the court to seek specific documents considered relevant to the outcome of the litigation. Parties may also evi- dence their argument through testimony. Wit- nesses provide testimony under oath. In order to safeguard evidence from being destroyed or lost, parties can seek an interim measure from the judge, mandating specific investigative actions before the trial begins. 7.5 Expert Testimony The court and the parties may request an expert opinion. However, the judge is not bound by the expert’s findings or conclusions.
Luxembourg civil procedure law distinguishes between written and oral proceedings. In com- mercial oral proceedings, the instruction phase is mainly the responsibility of the parties, who may exchange written briefs but are not obli- gated to. The parties present their arguments orally during the scheduled hearing. Written proceedings are conducted under the supervision of a judge ( Juge de la mise en état ) who is in charge of the management of the case. Whenever written submissions are required dur- ing the instruction phase, the judge sets a time schedule that is to be followed by the parties. Each party must communicate with the other party and file their submissions with the court pursuant to the time schedule fixed by the judge. Once it is considered that everything has been said, the instruction phase shall be closed. The court will then schedule a date for plead- ings where each of the parties will be given the opportunity to orally plead the case. The court will then schedule a date at which a decision will be handed down. An expert’s report may be ordered ex officio by the court or ordered at the request of the parties, who must justify the need for it. With the exception of special provisions (such as Article 1678 of the Civil Code), the judge may refuse to order an expert’s report if they con- sider that it is not relevant to the resolution of the dispute. An expert opinion may be used in summary proceedings, before any court proceedings, if
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