Rule 170 – Means of evidence and means of obtaining evidence

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

(a) written evidence, whether printed, hand-written or drawn, in particular documents, written witness statements, plans, drawings, photographs;

(b) expert reports and reports on experiments carried out for the purpose of the proceedings;

(c) physical objects, in particular devices, products, embodiments, exhibits, models;

(d) electronic files and audio/video recordings.

 

2. Means of obtaining evidence shall include in particular the following:

(a) hearing of the parties;

(b) requests for information;

(c) production of documents;

(d) summoning, hearing and questioning of witnesses;

(e) appointing, receiving opinions from, summoning and hearing and questioning of experts;

(f) ordering inspection of a place or a physical object;

(g) conducting comparative tests and experiments;

(h) sworn statements in writing (written witness statements).

 

3. Means of obtaining evidence shall further include [Article 59 and 60 of the Agreement]:

(a) ordering a party or a third party to produce evidence;

(b) ordering measures to preserve evidence

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