Key features
The Norwegian civil court system reflects a blend of civil law and common law traditions, with a strong emphasis on oral proceedings. Set out below are key features of litigation in Norway that international parties and counsel should note.
Oral proceedings
No substantive pre-screening
Civil cases in Norway are characterised by extensive oral hearings. This is because evidence and arguments are presented primarily through oral submissions before the court. As a general rule, there is only one main hearing at each level of the court system, and successive hearings are usually not held. This means that all aspects of the case must be fully prepared for the main hearing, which may last for several weeks or months in complex matters.
Because of the emphasis on oral proceedings, written pleadings play a different role to the role in many other jurisdictions. Written submissions are expected to provide an outline of the legal arguments, not a comprehensive brief forming part of the court’s decision-making basis.
Even so, proceedings are generally efficient. Parties should expect the main hearing to be held within six to twelve months after the writ of summons is submitted, even in commercial matters.
Another key aspect is the parties’ right to have their claims and arguments fully adjudicated. All arguments and relevant evidence may be presented and tested in court. While the court may encourage efficiency, the parties remain entitled to have the dispute examined in full. The main hearing is the central forum for evidence and argument, allowing both sides to respond to each other’s case. This contrasts with systems that rely on extensive pre-screening, because Norwegian law emphasises adjudication through a full adversarial process.
Limited use of written witness statement
Broad rights of appeal
Even in substantial and complex commercial disputes, witnesses of fact rarely provide written statements, and there is no tradition of depositions. Witness testimony is given orally at the main hearing, with a long examination in chief before cross-examination. The other party may have limited insight into what a witness will say in advance.
Norwegian law provides broad rights of appeal, covering both factual and legal issues. Procedural decisions may also be subject to independent appeals.
Appeals usually take the form of a full rehearing, allowing new evidence to be introduced. Even when witness testimony in the district court has been recorded (which occurs in some cases), the court of appeal will generally hear the witnesses again in person.
Strict scheduling and case management
Moderate approach to disclosure
Norwegian courts place strong emphasis on scheduling the main hearing within a reasonable time after the claim is filed. Once a hearing date is set, postponements are rarely granted except for compelling reasons. The parties must therefore be prepared to collect evidence and present their case within a relatively short period of time.
Norway does not have a discovery regime comparable to those in common law jurisdictions. Instead, parties may request specific disclosure of documents or other evidence. Courts generally grant such requests when the relevance and necessity of the evidence are explained and the opposing party can reasonably identify the relevant documents, for example through searches of email accounts, even if this involves a substantial volume of material.
