Article 53

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Means of evidence

1.   In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following:

(a) hearing the parties;

(b) requests for information;

(c) production of documents;

(d) hearing witnesses;

(e) opinions by experts;

(f) inspection;

(g) comparative tests or experiments;

(h) sworn statements in writing (affidavits).

 

2.   The Rules of Procedure shall govern the procedure for taking such evidence. Questioning of witnesses and experts shall be under the control of the Court and be limited to what is necessary.

 

Case Law

 

IPPT20240724, UPC CFI, LD Mannheim, Hurom v NUC
Video recordings exceeding the maximum size for exhibits to be uploaded to the CMS can be submitted on a USB stick as so-called “physical exhibit” (with a detailed ‘how to’-instruction by the judge-rapporteur) (Article 53 UPCA, Rule 4 RoP, Rule 9 RoP).

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