Law of Evidence at Norway
In Norway, the Law of Evidence is primarily governed by the Norwegian Dispute Act (Tvisteloven) and the Criminal Procedure Act (Straffeprosessloven), depending on whether the case is civil or criminal. Here are some key features of Norwegian evidence law:
1. Free Evaluation of Evidence (Fri Bevisbedømmelse)
Norwegian courts operate under the principle of free evaluation of evidence, meaning the judge has the freedom to determine the value and reliability of any evidence presented.
There are no strict rules on what types of evidence can be admitted — almost all evidence is allowed unless it violates specific legal protections (e.g., privacy or privilege).
2. Types of Evidence
Documentary evidence (contracts, letters, etc.)
Witness testimony
Expert opinions
Physical evidence
Audio/video recordings
3. Burden of Proof
In civil cases, the party bringing the case (plaintiff) generally bears the burden of proof.
In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
4. Standard of Proof
Civil law: "Preponderance of the evidence" (more likely than not).
Criminal law: "Beyond reasonable doubt."
5. Witnesses
Witnesses are usually required to testify unless they have a legal privilege (e.g., close family relations or professional confidentiality like doctors, lawyers).
Witnesses testify under oath and can be cross-examined.
6. Expert Witnesses
Experts can be appointed by the court or by the parties.
Their role is advisory, and the judge decides how much weight to give to their opinion.
7. Illegally Obtained Evidence
Generally admissible unless the method of obtaining the evidence violates fundamental rights or is especially unfair.
Courts use a balancing test to decide whether to admit such evidence.
8. No Jury in Civil Cases
In criminal cases, serious offenses may be heard by a mixed court of professional and lay judges, though the traditional jury system was abolished in 2019.
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