Litigation, Lenz & Staehelin updates

Switzerland

Contributed by Lenz & Staehelin
Precautionary taking of evidence in support of current proceedings
  • Switzerland
  • 19 February 2019

Under the Civil Procedure Code, the Swiss courts usually take evidence only after the parties have fully pleaded all particulars. The taking of evidence is often preceded by multiple exchanges of written submissions; however, in certain cases, it may be unreasonable to wait until the proceedings have fully developed to take certain evidence. For such cases, Swiss law allows parties to request the so-called 'precautionary taking of evidence'. The Zurich Commercial Court recently issued a decision on one such request.


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