FAQ

What if there is concern that evidence cannot be taken during proceedings?: If there is a concern that it may be impossible or excessively difficult to take evidence at a later stage or if there is a need to ascertain the current state of affairs evidence may be secured either before (only on application) or during proceedings. During proceedings the court may also act on its own initiative in this respect.

As a rule, an application for security should be submitted to a court with jurisdiction to consider the case. However, in urgent cases or where proceedings have not yet commenced, the applicant should apply to the district court within whose jurisdiction evidence is to be taken.

The application should state the grounds for the need to secure evidence. As a rule, the court summonses all interested parties. In urgent cases, however, it is possible secure evidence without summoning the opponent.

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