1 Unofficial translation – for information purposes only  
Act of 17 June 2005 no. 90 relating to mediation and procedure in civil disputes (The 
Dispute Act)  
The structure of the Act  
Part I – The pur pose of the Act. Fundamental conditions for hearing civil cases  
Chapter 1. The purpose and application of the Act  
Section 1 -1 The purpose of the Act  
Section 1-2 The relevance of international law in the application of the Act  
Section 1 -3 The subject matter in dispute, the parties’ connection to the dispute and the dispute 
situation  
Section 1-4 Right of action for organisations etc.  
Section 1 -5 Against whom action concerning the validity of public decisions should be directed  
Chapter 2. Parties, procedural capacity and party representatives  
Section 2 -1 Capacity to sue and be sued  
Section 2 -2 Procedural capacity  
Section 2 -3 Party representative  
Section 2 -4 Party representative of persons adjudged incompetent  
Section 2 -5 Party representative of artificial persons  
Chapter 3. Counsel and co -counsel  
Section 3 -1 Right to use counsel  
Section 3 -2 Obligation to use counsel  
Section 3 -3 Who can act as counsel  
Section 3 -4 Authority to represent a party in l egal proceedings as counsel  
Section 3 -5 The relationship between the actions of the party and the actions of counsel  
Section 3 -6 Termination of counsel’s authority  
Section 3 -7 Co-counsel  
Section 3 -8 Determination by the court of counsel’s fees  
Chapter 4. Substantive and territorial jurisdiction  
I Substantiv e jurisdiction  
Section 4 -1 Substantive jurisdiction  
Section 4 -2 Transfer from the district court to the conciliation board  
II Territorial jurisdiction (ve nue)  
Section 4 -3 International venue  
Section 4 -4 Ordinary venue  
Section 4 -5 Venues which may be elected by the claimant  
Section 4 -6 Agreed venue   
 2 Section 4 -7 Hearing on venue. Referral  
Part II – Mediation and clarification of the case  
Chapter 5. Obligations before bringing a ction  
Section 5 -1 Scope  
Section 5 -2 Notice of claim and the basis for the claim  
Section 5 -3 Obligation to provide information about important evidence  
Section 5 -4 Attempt to reach amicable settlement  
Chapter 6. Proceedings before the conciliation board  
Section 6 -1 Principles governing the work of the concil iation board  
Section 6 -2 Cases that are heard by the conciliation board  
Section 6 -3 Application for conciliation proceedings  
Section 6 -4 Reply  
Section 6 -5 Notice of meeting  
Section 6 -6 The duty of the parties to attend  
Section 6 -7 Counsel and of counsel  
Section 6 -8 The proc edure of meetings  
Section 6 -9 Public access to meetings, access to information, the court record  
Section 6 -10 The power of the conciliation board to pass judgement  
Section 6 -11 Discontinuation of the case  
Section 6 -12 The rulings of the conciliation board  
Section 6 -13 Costs  
Section 6 -14 Remedies against the  rulings of the conciliation board  
Chapter 7 Out -of-court mediation  
Section 7 -1 Agreement on out -of-court mediation  
Section 7 -2 The mediator  
Section 7 -3 The procedure at mediation  
Section 7 -4 The mediator’s remuneration  
Chapter 8. Mediation and judicial mediation before the ordinary courts  
I Amicable settlement and mediation  
Section 8 -1 Amicable settlement of disputes before the courts  
Section 8 -2 Mediation  
II Judicial media tion 
Section 8 -3 Judicial mediation  
Section 8 -4 The judicial mediator  
Section 8 -5 The proceedings in and the content of judicial mediation   
 3 Section 8 -6 Prohibited evidence and duty of confidentiality  
Section 8 -7 Further proceedings if no agreement is reached  
Part III - The proceedings in the court of first i nstance  
Chapter 9. General procedure  
I General  
Section 9 -1 Scope  
II Preparation of the case  
Section 9 -2 Instituting proceedings. The writ of summons  
Section 9 -3 Written reply  
Section 9 -4 Management of the case. Plan for further proceedings  
Section 9 -5 Court hearings during the preparatory stage  
Section 9 -6 Remarks, objections and rulings on procedural issues  
Section 9 -7 Rulings based on agreement between the parties  
Section 9 -8 Simplified judgement proceedings  
Section 9 -10 Completion of the preparatory stage. Written closing submission  
Section 9 -11 Preparation for the main he aring  
III The main hearing  
Section 9 -12 The composition of the court at the main hearing  
Section 9 -13 Administration of the main hearing  
Section 9 -14 Oral main hearing  
Section 9 -15 The different stages of the main hearing  
Section 9 -16 Amendments to the claim, the prayer for relief, the grounds for the praye r and 
evidence  
Section 9 -17 The case is closed for judgement. Continued proceedings  
Chapter 10. Small claims procedure  
Section 10 -1 Main rule and scope  
Section 10 -2 Preparation of the case  
Section 10 -3 Oral final hearing  
Section 10 -4 Judgement  
Section 10 -5 Costs  
Section 10 -6 Appeal  
Part IV – General provisions  
Chapter 11. The basis for the court’s rulings, guidance and management of the case  
Section 11 -1 The basis for the court’s rulings  
Section 11 -2 The court’s position with regard to the procedural steps of the parties  
Section 11 -3 The court’s responsibility to apply the la w  
 4 Section 11 -4 Exception when the right of disposition of the parties is limited  
Section 11 -5 The court's duty to give guidance  
Section 11 -6 The duty of t he court to take an active part in the management of a case  
Section 11 -7 Remedies in the event of poor case management  
Chapter 12. Pleadings  
Section 12 -1 General provisions on pleadings  
Section 12 -2 The form of pleadings  
Section 12 -3 Filing pleadings  
Section 12 -4 Service of pleadings  
Chapter 13. Court hearings and court records  
I. Court hearings  
Section 13 -1 Court hearings and distance meetings  
Section 13 -2 Summoning parties  to court hearings  
Section 13 -3 Summons of witnesses and experts to court hearings  
Section 13 -4 Lawful absence  
II. Court records  
Section 13 -5 Keeping of court records  
Section 13 -6 The content of the court record  
Section 13 -7 Electronic recording of party and witness testimony at the main hearing  
Section 13 -8 Entering testimony given at the main hearing in the court record  
Section 13 -9 Party and witness testimony outside the main hearing  
Chapter 14. Right of access and inspection  
Section 14 -1 The parties’ right of access  
Section 14 -2 The public’s right of access  
Section 14 -3 Exceptions to the public’s right of  access to court records and judicial rulings  
Section 14 -4 Exceptions to the public’s right of access to other case documents  
Section 14 -5 The time for the public’s right of access  
Section 14 -6 Procedure in disputes on the right of access  
Section 14 -7 Regulations on access  
Chapter 15. Joinder of claims and actions. Intervention  
Section 15 -1 Multiple claims  
Section 15 -2 Several parties as claimants or defendants  
Section 15 -3 Joinder of third parties  
Section 1 5-4 Method of bringing new claims into the action and amending the parties  
Section 15 -5 The relationship between several parties on the same side   
 5 Section 15 -6 Consolidation of cases for jo int hearing  
Section 15 -7 Third party intervention  
Section 15 -8 Written submission to throw light on public interests  
Section 15 -9 Third -party notice  
Chapter 16 Managing the progress of the case. Special remedies  
I Splitting  
Section 16 -1 Splitting the proceedings and the adjudication  
II Relisting and deferral  
Section 16 -2 Rescheduling or adjournment of court hearings due to absence  
Section 16 -3 Rescheduling in other cases  
Section 16 -4 Adjournment at the main hearing  
III Omissions and judgement in default  
Section 16 -5 Deficient procedural steps  
Section 16 -6 Omitted procedural s teps 
Section 16 -7 Exceeding time limits and time limit orders  
Section 16 -8 Failure to attend court hearings  
Section 16 -9 Summary dismissal in case of unla wful absence  
Section 16 -10 Judgement in default  
Section 16 -11 Remedies against rulings pursuant to sections 16 -9 and 16 -10 
Section 16 -12 The conditions fo r reinstatement  
Section 16 -13 The time limit for applying for reinstatement  
Section 16 -14 Dealing with an application for reinstatement  
Section 16 -15 The consequences of a stay of proceedings  
Section 16 -16 Stay of proceedings pursuant to statute  
Section 16 -17 Stay of proceedings by agreement  
Section 16 -18 Stay of proceedings for other reasons  
Section 16 -19 Quashing a stayed case  
Chapter 17. Valuation  
Section 17 -1 Cases in which the value shall be determined  
Section 17 -2 The basis for the valuation  
Section 17 -3 What the valuation shall include  
Section 17 -4 Special calculations rules  
Section 17 -5 Setting aside a valuation  
Chapter 18. The consequences of legal action etc.  
Section 18 -1 Legal actions that preclude the institution of a new action (lis pendens)   
 6 Section 18 -2 The time at which the preclusion arises and ceases  
Section 18 -3 The time at which other consequences of the institution of legal action arise and 
cease  
Section 18 -4 Voluntary waiver of legal action  
Chapter 19. Judicial rulings and in -court settlements  
I. Form and procedure  
Section 19 -1 Judgements, i nterlocutory orders and decisions  
Section 19 -2 The composition of the court. The authority of the preparatory judge  
Section 19 -3 Deliberation and voting  
Section 19 -4 Pronouncement  
Section 19 -5 Notification of the ruling  
II The content of the ruling  
Section 19 -6 Form and reasons  
Section 19 -7 Time limits for performance  
III Rectification, supplementary judgement and reversal  
Section 19 -8 Rectification of errors  
Section 19 -9 Supplementary ruling  
Section 19 -10 Reversal  
IV In -court settlements  
Section 19 -11 Entering into an in -court settlement  
Section 19 -12 Effects of in -court settlements. Power to set aside in -court settlements  
IV. Enforceability and legal force  
Section 19 -13 Enforcement  
Section 1 9-14 The time when a ruling becomes final and enforceable  
Section 19 -15 The implications of a final and enforceable ruling  
Section 19 -16 The legal force of foreign rulings  
Chapter 20. Legal costs  
Section 20 -1 Scope  
Section 20 -2 Award of costs to the successful party  
Section 20 -3 Award of costs to a party wh o has succeeded to a significant degree  
Section 20 -4 Costs irrespective of outcome  
Section 20 -5 Assessment of compensation for costs  
Section 20 -6 Actions with more than one party on the same side  
Section 20 -7 Liability of party representatives for costs  
Section 20 -8 General provisions on awards of cost  
Section 20 -9 Review of costs awards   
 7 Section 20 -10 Counsel’s preferential right to awarded costs  
Section 20 -11 Provision of security for liability for costs  
Section 20 -12 The State’s liability for costs  
Part V - Evidence  
Chapter 21. General provisions on evidence  
Section 21 -1 The scope of the evidence provisions  
Section 21 -2 The evaluation of evidence  
Section 21 -3 Right and duty to present evidence  
Section 21 -4 The parties’ duties of truth and disclosure  
Section 21 -5 General duty to testify and give evidence  
Section 21 -6 Summary of evidence  
Section 21 -7 General restrictions on the right to present evidence  
Section 21 -8 Restrictions on account of proportionality  
Section 21 -9 The presentation of evidence at oral hearings  
Section 21 -10 Distance examination  
Section 21 -11 Taking of evidence  
Section 21 -12 Written statements as evidence  
Section 21 -13 The presentation of evidence in cases that are heard in writing  
Chapter 22. Prohibited and exempted evidence  
Section 22 -1 Prohibition against evidence of importance to national security or relations with a 
foreign State  
Section  22-2 Prohibition against evidence of discussions in government meetings  
Section 22 -3 Prohibition against evidence subject to a statutory duty of confidentiality  
Section 22 -4 Prohibition a gainst evidence of legal proceedings and judicial rulings  
Section 22 -5 Prohibition against and exemption from evidence for information confided to 
persons in certain occupations  
Section 22 -6 Prohibition against evidence of character and credibility  
Section 22 -7 Prohibition against improperly obtained evidence  
Section 22 -8 Exemption for close relatives from giving evidence a bout information given to them 
by the party  
Section 22 -9 Exemption from evidence for incriminating personal details  
Section 22 -10 Exemption from evidence for trade or business secrets  
Section 22 -11 Exemption from the duty to provide evidence for the mass media - protection of 
sources  
Section 22 -12 Duty of confidentiality and hearings in camera  
Chapter 23. The obligations of the parties to attend and testify  
Section 23 -1 The obligation of the parties to attend   
 8 Section 23 -2 Examination of parties  
Chapter 24. Testimony  
Section 24 -1 Obligation to give evidence  
Section 24 -2 Witness duty for persons who are deprived of their liberty  
Section 24 -3 Witness duty in case of prohibited and exempted evidence  
Section 24 -4 Obligation to prepare for testimony and to bring evidence  
Section 24 -5 Witnesses who fail to attend or who attend in an intoxicated state  
Section 24 -6 Individual examination - the right to attend the hearing  
Section 24 -7 Order to leave the courtroom during witness testimony  
Section 24 -8 Preliminaries to the examination of witnesses  
Section 24 -9 The examination of witnesses  
Section 24 -10 Child witnesses  
Section 24 -11 Seriousl y mentally ill and mentally handicapped witnesses  
Chapter 25. Expert evidence  
Section 25 -1 Expert evidence  
Section 25 -2 The conditions for appointing expe rts 
Section 25 -3 Number of experts. Choice of experts. Expert panels  
Section 25 -4 Terms of reference. Instructions  
Section 25 -5 The expert report. Oral te stimony  
Section 25 -6 Experts witnesses  
Chapter 26: Real evidence  
Section 26 -1 Real evidence  
Section 26 -2 Presentation of  documentary evidence  
Section 26 -3 Presentation of other types of real evidence  
Section 26 -4 Individuals as evidence  
Section 26 -5 Objects as evidence  
Section 26 -6 The application for access to evidence  
Section 26 -7 Disputes concerning access to evidence  
Section 26 -8 Enforcement  
Chapter 27. Taking of evidence within a lawsuit  
Section 27 -1 Conditions for taking evidence  
Section 27 -2 Petition for taking evidence. The ruling of the court  
Section 27 -3 Taking evidence  
Section 27 -4 Direct examination and distance examination  
Section 27 -5 Inspection of evidence   
 9 Section 27 -6 Reporting  on the inspection  
Section 27 -7 Taking of evidence outside the courts  
Chapter 28. Securing evidence outside a lawsuit  
Section 28 -1 Securing evidence  
Section 28 -2 Conditions for securing evidence  
Section 28 -3 Petition to secure evidence. The ruling of the court  
Section 28 -4 Implementing the securing of evide nce 
Section 28 -5 Expenses relating to the securing of evidence  
Chapter 28A. Right of information in connection with infringements of intellectual 
property rights etc.  
Section 28A -1 Right of information in connection with infringements of intellectual property rights 
etc 
Section 28A -2 Requirements concerning proportionality etc.  
Section 28 A-3 Petition for a disclosure order and its consideration  
Section 28A -4 The court's decision  
Section 28A -5 Costs and outlays  
 
Part VI - Remedies  
Chapter 29. Appeal to the court of appeal  
Section 29 -1 The court of appeal as appellate court  
Section 29 -2 Appellable rulings  
Section 29 -3 Grounds of appeal  
Section 29 -4 Claims that may be heard in the appeal case  
Section 29 -5 Time limit for appeal  
Section 29 -6 Waiver of the right  of appeal  
Section 29 -7 Derivative appeal  
Section 29 -8 Legal standing  
Section 29 -9 Submitting the appeal. The notice of appeal  
Section 29 -10 Preliminary hearing of the appeal by the recipient court  
Section 29 -11 The reply  
Section 29 -12 Summary dismissal and setting aside during the preparation of the appeal  
Section 29 -13 Leave to appeal. Refusal  
Section 29 -14 Further preparation of the case  
Section 29 -15 Type of hearing and the basis for the ruling in appeal s against interlocutory orders 
and decisions  
Section 29 -16 Type of hearing and basis for the ruling in appeals against judgements   
 10 Section 29 -17 Lay judges  
Section 29 -18 Oral appeal hearing  
Section 29 -19 Waiver of notice of appeal  
Section 29 -20 The court's review of the appeal  
Section 29 -21 Procedural errors  
Section 29 -22 Separate hearing and determination of appeals against procedure  
Section 29 -23 The determination of the appeal by the court of appeal  
Sectio n 29-24 Further hearing after a ruling has been set aside  
Chapter 30. Appeal to the Supreme Court  
Section 30 -1 The Supreme Court as appellate court  
Sectio n 30-2 Direct appeal to the Supreme Court  
Section 30 -3 Corresponding application of the provisions on appeal to the court of appeal  
Section 30 -4 Leave to appeal against judgement  
Section 30 -5 Refusal of leave to appeal against interlocutory orders and decisions  
Section 30 -6 Limitations on the right of second -tier appeals against interlocutory orders  
Section 30 -7 New claims, broadening the prayer for relief, new factual basis and new evidence  
Section 30 -8 Further preparation of the case  
Section 30 -9 Type of hearing and basis for the ruling in appeals against interlocutory orders and 
decisions  
Section 30 -10 Type of hearing and basis for the ruling in appeals against judgements  
Section 30 -11 Oral appeal hearing  
Section 30 -12 Hearing cases that are to be ruled on by more than five judges  
Section 30 -13 The State’s right to participate in cases concerning the Constitution or 
international obligation s 
Section 30 -14 Setting aside and further hearing before the lower court where the basis for the 
ruling is deficient  
Section 30 -15 Setting aside the district court’s ruling in addition  
Chapter 31. Reopening.  
Section 31 -1 Scope. Which court shall determine whether to reopen a case  
Section 31 -2 Rulings that may be reopened  
Section 31 -3 Reopening on grounds of procedural error  
Section 31 -4 Reopening on grounds of errors in the ruling  
Section 31 -5 General limitations on the right to have a case reopened  
Section 31 -6 Time limits for reopening a case  
Section 31 -7 Petition to reopen a case  
Section 31 -8 The hearing of the petition by the court   
 11 Section 31 -9 Simplified ruling on the petition  
Part VII – Provisional security  
Chapter 32. General provisions  
Section 32 -1. Introduction  
Section 32 -2 Relationship to the general provisions of the Act, etc  
Section 32 -3 Norwegian and foreign ships and foreign State -owned aircraft  
Section 32 -4 Competent Court  
Section 32 -5 The petition  
Section 32 -6 Provisional review  
Section 32 -7 Court proceedings  
Section 32 -8 Subsequent oral hearing  
Section 32 -9 Contemporaneous adjudication of the main claim  
Section 32 -10 Liability for costs in case of provisional security  
Section 32 -11 Compensation in cases of provisional security  
Section 32 -12 Provision of security  
Section 32 -13 Lapse of security  
Chapter 33 Arrest  
Section 33 -1 Introduction  
Section 33 -2 Basis for security for arrest of assets  
Section 33 -3 Proving the claim and the basis for security  
Section 33 -4 The arrest order  
Section 33 -5 Execution of arrest  
Section 33 -6 Choice of asset  
Section 33 -7 The effect of the arrest, protecti on against third parties etc  
Section 33 -8 Special provisions for arrest of aircraft  
Section 33 -9 Discharge of arrest etc  
Section 33 -10 Lapse of arrest and  extension of time limits  
Section 33 -11 Basis for security for exit permit restriction  
Section 33 -12 The ruling of the court, subsequent oral hearing  
Section 33 -13 Execution of the permit restriction  
Section 33 -14 Lapse of exit permit restriction  
Chapter 34  Interim measures  
Section 34 -1 Basis for security  
Section 34 -2 Proving the claim and the basis for security  
Section 34 -3 Rulings on interim measures   
 12 Section 34 -4 Execution of an interim measure  
Section 34 -5 Stay of interim measures etc  
Section 34 -6 Lapse of interim measures and extension of time limits  
Section 34 -7 Special provisions on interim measures to secure intellectual property rights  
Part VIII - Special types of procedure  
Chapter 35. Class actions  
Section 35 -1 Scope. Definitions  
Section 35 -2 Conditions for class actions  
Section 35 -3 Bringing the action  
Section 35 -4 Approval of class actions  
Section 35 -5 Notice of appr oved class action  
Section 35 -6 Class actions that require registration of class members  
Section 35 -7 Class actions that do not require registration of class members  
Section 35 -8 Withdrawal of class membership  
Section 35 -9 Rights and obligations in the class action. Representation  
Section 35 -10 Issues in dispute that only relate to one or a limited number or class members. 
Subgroups  
Section 35 -11 Rulings on claims raised in the class action. Settlement  
Section 35 -12 Costs  
Section 35 -13 Remune ration  
Section 35 -14 The financial liability of the class members etc.  
Section 35 -15 A class as respondent  
Chapter 36. Cases concerning administrative dec isions on coercive measures in the 
health and social services  
Section 36 -1 Scope  
Section 36 -2 How and where legal action shall be brought. The effects of legal action  
Section 36 -3 The parties and procedural capacity  
Section 36 -4 The composition of the court. Expert panel  
Section 36 -5 The hearing and review by the court  
Section 36 -6 Party rights etc. of the private party  
Section 36 -7 Access to documentation and court hearings  
Section 36 -8 The expenses relating to the case  
Section 36 -9 Anticipatory effect etc.  
Section 36 -10 Appeal  
Part IX Entry into force and amendments in other statutes  
Chapter 37. Entry into force and amendments in other statutes   
 13 Section 37 -1 Entry into force  
Section 37 -2 Transitional provisions  
Section 37 -3 Amendments in other statutes  
  
 14 Part I – The purpose of the Act. Fundamental conditions for hearing civil cases  
Chapter 1. The purpose and application of the Act  
Section 1 -1 The purpose of the Act  
(1) The Act shall provide a basis for hearing civil disputes in a fair, sound, swift, effici ent and 
confidence inspiring manner through public proceedings before independent and impartial courts. 
The Act shall safeguard the needs of individuals to enforce their rights and resolve their disputes, 
and the needs of society for respect and clarificat ion of legal rules.  
(2) To achieve the purposes in subsection (1):  
– each party shall be entitled to argue its case and to present evidence,  
– each party shall have access to and the opportunity to refute the arguments and evidence of 
the opposite party,  
– each party shall at one stage of the proceedings have the opportunity to argue its case orally 
and to present its evidence directly to the court,  
– the procedure and the costs involved shall be reasonably proportionate to the importance of 
the case,  
– differen ces in the parties’ resources shall not be decisive to the outcome of the case,  
– reasons shall be given for important rulings, and  
– rulings of special importance shall be open to review.  
 
Section 1 -2 The relevance of international law in the application o f the Act  
The Act applies subject to such limitations as are recognised in international law or that derive from 
any agreement with a foreign State.  
 
Section 1 -3 The subject matter in dispute, the parties’ connection to the dispute and the dispute 
situat ion  
(1) An action may be brought before the courts for legal claims.  
(2) The claimant must show a genuine need to have the claim determined against the defendant. 
This shall be determined based on a total assessment of the relevance of the claim and the parties’ 
connection to the claim.  
 
Section 1 -4 Right of action for organisations etc.  
(1) If the conditions in section 1 -3 otherwise are fulfilled, an organisation or association may bring 
an action in its own name in relation to matters that fall within  its purpose and normal scope.  
(2) Public bodies charged with promoting specific interests may in the same manner bring an 
action in order to safeguard such interests.  
 
Section 1 -5 Against whom action concerning the validity of public decisions should be  directed  
An action concerning the validity of an administrative decision shall be brought against the body 
that made the decision in the final instance. If this is a state body, the court shall give notice of the 
action to a municipal or county authority  that made a decision in the case in an earlier instance.  
  
 15 Chapter 2. Parties, procedural capacity and party representatives  
Section 2 -1 Capacity to sue and be sued  
(1) The following have the capacity to sue and be sued:  
a) physical persons,  
b) the St ate, municipal authorities and county authorities,  
c) companies, including limited companies, general partnerships and limited partnerships,  
d) cooperative societies, savings banks and foundations,  
e) estates in bankruptcy and estates of deceased person s under public administration,  
f) other organisations and independent state -owned enterprises if specifically provided by statute.  
(2) Other organisations than those mentioned in subsection (1) have the capacity to sue and be 
sued to the extent justified  by an overall assessment, where the court shall have particular regard 
to:  
– whether the organisation has a permanent organisational structure,  
– whether the organisation is represented externally by an executive committee or other body,  
– whether the organi sation has a formalised membership arrangement,  
– whether the organisation has funds of its own, and  
– the purpose of the organisation and the subject matter of the action.  
 
Section 2 -2 Procedural capacity  
(1) Procedural capacity is the capacity to act on behalf of oneself in a lawsuit, including the 
capacity to bring and defend an action.  
(2) Persons of legal age have procedural capacity unless otherwise provided by this section. The 
same applies to a foreigner who is not of legal age pursuant to the law of his domicile, if he would 
be of legal age pursuant to Norwegian law.  
(3) Persons below the legal age of majority only have procedural capacity if provided by statute.  
(4) A person of legal age who due to his mental state of health is unable to safegua rd his own 
interests during the case does not have procedural capacity. If he or she does not have a 
provisional guardian, the court shall ensure that such guardian is appointed.  
(5) The case may be dismissed if it is beyond doubt that it cannot serve any  sensible purpose and 
is brought by a person who abuses the court system by repeatedly bringing such cases.  
 
Section 2 -3 Party representative  
(1) For natural persons who lack procedural capacity and for artificial persons, the party 
representative shall attend to all the rights and obligations of the party in the lawsuit. A party may 
only have one party representative at a time.  
(2) Persons of legal age who lack procedural capacity pursuant to section 2 -2(4) shall be 
represented by the provisional guardi an.  
 
Section 2 -4 Party representative of persons adjudged incompetent   
 16 (1) The party representative of person who is adjudged incompetent shall be his guardian. Section 
4 of the Guardianship Act applies if the parents of such a person are joint guardians.  
(2) A minor over 15 years of age shall receive notice of court hearings. The court shall inform the 
minor that he is entitled but not obliged to attend court hearings. The minor shall receive copies of 
written pleadings at the same time as the guardian un less the minor has declared that this is 
unnecessary.  
(3) If the action relates to property under the administration of the public guardian's office, the writ 
of summons shall be served on the public guardian’s office. The public guardian's office is entit led 
to join the case. Procedural steps taken by the public guardian's office shall be for the benefit of 
the person adjudged incompetent, even if they are inconsistent with his own procedural steps.  
 
Section 2 -5 Party representative of artificial persons  
(1) The party representative of an artificial person shall be the person who has authority to accept 
service on behalf of the entity, see the Courts of Justice Act section 19. If more than one person 
has authority to accept service on behalf of the entity,  the executive committee shall appoint the 
party representative.  
(2) The party representative may delegate the power to act as party representative to another 
person who is employed by the legal entity or associated with the part of the undertaking to whic h 
the action relates. Delegation may apply for an individual case or for specific types of cases, and 
shall be in writing. Delegation cannot limit the rights of the representative pursuant to section 2 -3 
(1).  
 
Chapter 3. Counsel and co -counsel  
Section 3 -1 Right to use counsel  
(1) A party may be represented by counsel.  
(2) A party may only be represented by one counsel at a time. The court may permit a party to be 
represented by more than one counsel if there are special reasons for doing so. If more tha n one 
counsel is present at a court hearing, the court and the opposite party shall be informed in advance 
which counsel is entitled to take procedural steps on behalf of the party at any given time.  
(3) Provisions in this Act that refer to a party or par ties apply correspondingly to counsel for a 
party, unless it is expressly stated or implied by the context that the procedural right or obligation 
in question is incumbent on the party in person.  
 
Section 3 -2 Obligation to use counsel  
If a party who is no t represented by counsel is unable to present the case in a comprehensible 
manner, the court may order the party to be accompanied by counsel.  
 
Section 3 -3 Who can act as counsel  
(1) [Norwegian] advocates may act as counsel in cases that are conducted pur suant to the 
provisions of this Act. Notwithstanding, only Supreme Court advocates can be engaged as counsel 
in cases that involve an oral hearing before the Supreme Court.  
(2) An authorised deputy advocate may act as an advocate pursuant to this Act unle ss otherwise 
provided by section 223(1) of the Courts of Justice Act.  
(3) A close relative of a party may act as counsel for the said party except in proceedings before 
the Supreme Court or if the court rejects him as unfit. If the dispute involves a busin ess 
undertaking, the same applies to employees and other persons affiliated with the relevant part of 
the undertaking.   
 17 (4) The court may permit another suitable person of legal age to act as counsel. Persons involved 
in the commercial or regular provision  of legal services may only act as counsel if they satisfy the 
requirements of section 218 of the Courts of Justice Act.  
(5) A foreign advocate may act as counsel if the court finds this unobjectionable in view of the 
nature of the case and other circumst ances.  
(6) The King shall issue regulations that prescribe the extent to and the conditions under which 
advocates domiciled in other EEA States are entitled to act as counsel.  
 
Section 3 -4 Authority to represent a party in legal proceedings as counsel  
(1) Counsel may take any procedural step on behalf of the party he represents. Any limitations on 
counsel’s authority shall not be binding on the court or the opposite party.  
(2) An advocate is not required to present evidence of his authority unless the c ourt finds it 
necessary. Other counsel shall present a written authority unless the party is present in person and 
confirms the authority. Notwithstanding that the authority is insufficiently established, the hearing 
may commence if adjournment would cause  damage.  
 
Section 3 -5 The relationship between the actions of the party and the actions of counsel  
(1) The party is entitled to act alongside counsel.  
(2) The actions and omissions of counsel operate both to the advantage and to the disadvantage of 
the party.  
(3) A party who is present in court is bound by the actions of counsel unless the party immediately 
raises an objection.  
 
Section 3 -6 Termination of counsel’s authority  
(1) Counsel’s authority to represent a party may be revoked at any time. The revocation shall be 
binding on the court and the opposite party when notice of revocation is given to them.  
(2) Counsel may withdraw from representing a party in legal proceedings. Counsel who withdraws 
is under a duty to take procedural steps that cannot  be postponed without exposing the party to 
loss. The withdrawal shall be binding on the court and the opposite party when notice of revocation 
is given to them.  
 
Section 3 -7 Co-counsel  
(1) A party may be assisted by co -counsel. Co -counsel must satisfy th e conditions for acting as 
counsel in section 3 -3.  
(2) The court shall determine the extent to which co -counsel is permitted to address the court and 
to examine parties and witnesses alongside or instead of counsel.  
(3) Submissions made by co -counsel ope rate both to the advantage and to the disadvantage of the 
party unless the party immediately raises an objection.  
 
Section 3 -8 Determination by the court of counsel’s fees  
(1) A party or counsel may apply to the court to determine counsel’s fees. In the d etermination, 
the court shall have regard to the costs that it is reasonable to impose on the party in view of the 
nature of the litigation, the importance of the case and the relationship between the party and 
counsel.   
 18 (2) An application pursuant to subse ction (1) must be filed no later than one month after the 
decision in the relevant instance has been served.  
 
Chapter 4. Substantive and territorial jurisdiction  
I Substantive jurisdiction  
Section 4 -1 Substantive jurisdiction  
(1) Conciliation boards hea r cases referred to in section 6 -2.  
(2) Unless otherwise provided in subsection (1) or (3), the district courts are the ordinary courts of 
first instance for cases brought before the courts.  
(3) The courts of appeal hear cases in the first instance where specifically provided, appeals 
referred to in section 29 -1 and petitions for review of civil judgements referred to in section 31 -
3(3).  
(4) The Supreme Court hears cases referred to in sections 30 -1 and 31 -1.  
 
Section 4 -2 Transfer from the district court  to the conciliation board  
If an action is lodged directly with the district court contrary to section 6 -2(2), the case shall be 
referred to a conciliation board with territorial jurisdiction. If more than one conciliation board has 
jurisdiction, the claim ant may chose the conciliation board to which the case shall be referred. The 
transfer implies that the writ of summons shall be treated as a complaint to the conciliation board.  
 
II Territorial jurisdiction (venue)  
Section 4 -3 International venue  
(1) Dis putes in international matters may only be brought before the Norwegian courts if the facts 
of the case have a sufficiently strong connection to Norway.  
(2) If no venue can be established pursuant to sections 4 -4 and 4 -5 but the case is still subject to 
Norwegian jurisdiction, an action may be filed with the Oslo City Court. If the defendant has an 
asset in the realm that can be applied to settle the claimant’s claim, an action may instead be filed 
with the court of the place where the asset is located.  
 
Section 4 -4 Ordinary venue  
(1) An action may be filed with the court of the ordinary venue of the defendant.  
(2) The ordinary venue of natural persons is the place of their habitual residence. A person who 
has habitual residence in several judicial distr icts has an ordinary venue in each such district.  
(3) Undertakings registered in the Register of Business Enterprises have their ordinary venue at 
the place where the head office of the undertaking is located according to such registration. Foreign 
busine ss undertakings that have a branch, agency or similar place of business in Norway have an 
ordinary venue at the place where such business is located if the action relates to activities at that 
place.  
(4) The ordinary venue of the State is Oslo. County aut horities and municipal authorities have their 
ordinary venue at the place where the main administrative centre is located. Independent state -
owned enterprises have their ordinary venue at the place where the executive committee is seated.  
(5) Undertakings  and organisations that have no ordinary venue pursuant to subsections (3) and 
(4) have their ordinary venue at the same place as the person on whom the writ of summons shall 
be served.   
 19  
Section 4 -5 Venues which may be elected by the claimant  
(1) Real pr operty: Actions relating to real property may be brought in the judicial district where the 
real property is situated. If the property is situated in more than one judicial district, an action may 
be brought in each of the districts. The same applies if th e action relates to several adjacent real 
properties situated in different judicial districts.  
(2) Contractual relationships: Actions relating to contractual relationships may be brought at the 
place where the obligation upon which the action is based has  been performed or is to be 
performed. This does not apply to claims for the payment of money if the defendant has an 
ordinary venue in Norway pursuant to section 4 -4.  
(3) Damages in tort: Actions for damages for economic and non -economic loss in tort and  actions 
against an insurer in matters relating to cover for such loss may be brought in the place where the 
damage originated or where its effect occurred or may occur. If the effect occurred in more than 
one place, the action may be brought in the place where the main effect occurred.  
(4) Employment relationships: An action by an employee against his employer for claims arising 
out of an individual employment relationship may be brought at the place of work or at the place 
where the employee normally per forms his work. If there is no such place, the action may be 
brought at the place of business from where the employee was employed.  
(5) Maritime relations: Actions arising out of maritime relations may be brought in the judicial 
district where the vessel' s port of registry is situated. If the vessel has been arrested, an action 
relating to the claim for the payment of money secured by such arrest may be brought at the place 
where such arrest took place. This same applies if the vessel has been released or arrest has been 
avoided by the provision of security. Actions directed at the shipmaster pursuant to section 73 of 
the Maritime Act and actions against the shipmaster or crew relating to obligations incurred during 
service may be brought in the judicial di strict in which the vessel is docked at the time of service of 
the writ of summons.  
(6) Inheritance: Actions against heirs may be brought at the place where the deceased had his last 
ordinary venue. This does not apply if the estate is under public admini stration, if the 
administration of the estate has been completed or if more than 6 months have elapsed since the 
date of death.  
(7) Consumer relations: A consumer who has entered into an agreement with a tradesperson with 
respect to goods or services for personal use may bring an action against such tradesperson at his 
own ordinary venue. This does not apply if the agreement has been entered into by the consumer 
in person at the tradesperson's permanent place of business.  
(8) Actions against the State or county authorities: Actions against the State may be brought at 
the claimant’s ordinary venue. Actions against county authorities may be filed with the court in the 
county where the claimant has his ordinary venue.  
(9) Actions against insurance companies:  Actions against insurance companies for payment in 
insurance claims may be brought at the ordinary venue of the claimant.  
 
Section 4 -6 Agreed venue  
(1) An action may be filed with the court agreed upon by the parties. Such an agreement may 
either exclud e or supplement the venues provided by sections 4 -3 to 4 -5.  
(2) An agreement that broadens or limits the international jurisdiction of the Norwegian courts 
shall be made in writing.  
(3) An agreement between a consumer and a tradesperson that limits the r ight to bring an action 
beyond what is provided in sections 4 -4 and 4 -5 shall be made in writing. The agreement is not 
binding on the consumer if it was concluded before the dispute arose.  
 
Section 4 -7 Hearing on venue. Referral   
 20 (1) If an action is filed  with a court that lacks territorial jurisdiction, the court shall refer the case to 
a court with territorial jurisdiction. If more than one court has territorial jurisdiction, the claimant 
may choose the court to which the case shall be referred.  
(2) Sec tion 38 of the Courts of Justice Act applies to the referral of a case to a different court.  
(3) If no Norwegian court has territorial jurisdiction, the case shall be dismissed.  
 
Part II – Mediation and clarification of the case  
Chapter 5. Obligations be fore bringing action  
Section 5 -1 Scope  
(1) This Chapter applies to proceedings in legal disputes before an action is brought before a 
district court pursuant to Chapter 9 or 10, except for claims concerning administrative decisions on 
coercive measures pu rsuant to Chapter 36.  
(2) Section 5 -2(1) first and second sentence also apply before an action is brought before a 
conciliation board.  
 
Section 5 -2 Notice of claim and the basis for the claim  
(1) Before bringing an action, the party shall give notice in writing to the person or persons against 
whom the action may be brought. The notice shall contain information about the claim and the 
basis for the claim. The notice shall invite the opposite party to respond to the claim and the basis 
for the claim.  
(2) A person who receives notice of claim shall respond to the claim and the basis for the claim 
within a reasonable time. If the claim is contested in whole or in part, he shall specify the basis 
upon which it is contested. If he is of the opinion that he has  a claim against the party who has 
given notice of claim, he shall at the same time give notice of his claim and the basis for his claim, 
and invite the opposite party to respond.  
(3) A notice of claim pursuant to subsections (1) and (2) that is made to a  private party shall be 
delivered on paper unless otherwise agreed between the parties or there is an established business 
relationship between the parties where communication normally takes place electronically.  
 
Section 5 -3 Obligation to provide informat ion about important evidence  
(1) A person who gives notice of claim or who contests a notified claim shall at the same time 
provide information about important documents or other evidence of which he is aware and of 
which he cannot expect the opposite par ty to be aware. This applies irrespective of whether such 
evidence supports his position or the position of the opposite party.  
(2) The obligation in subsection (1) applies subject to the limitations pursuant to the rules on 
prohibited evidence and except ions from evidence in Chapter 22 and other rules of evidence in this 
Act. 
 
Section 5 -4 Attempt to reach amicable settlement  
The parties shall investigate whether it is possible to reach an amicable settlement of the dispute 
before action is brought, and s hall make a strong attempt at settlement, if necessary through 
conciliation before a conciliation board, non -judicial mediation or by bringing the dispute before a 
non-judicial dispute resolution board.  
 
Chapter 6. Proceedings before the conciliation board   
 21 Section 6 -1 Principles governing the work of the conciliation board  
(1) The procedure before the conciliation board shall help the parties to achieve a simple, swift and 
cheap resolution of the case through conciliation or judgement.  
(2) The provisions i n Part I, IV and V of this Act apply to the conciliation board as far as they are 
appropriate and this Chapter does not provide otherwise.  
 
Section 6 -2 Cases that are heard by the conciliation board  
(1) The conciliation board can hear cases that can be br ought by writ of summons to the district 
court pursuant to the provisions on general procedure or small claims procedure in this Act. 
However, the conciliation board shall not hear  
a) family cases, except for cases solely concerned with financial settleme nt upon separation;  
b) cases against a public authority, institution or civil servant concerning matters which are not 
exclusively of a private law nature,  
c) cases concerning the validity of an arbitration award or an in -court settlement,  
d) cases deci ded on by a tribunal if it is provided by statute that the decisions of such tribunal shall 
be binding on the parties unless the case is brought before the courts, nor  
e) other cases in respect of which it is provided by statute that conciliation before t he conciliation 
board shall not take place.  
(2) Before an asset claim can be heard by the district court, it shall be heard by the conciliation 
board provided the conditions in subsection (1) are fulfilled. However, this shall not apply if  
a) the amount i n dispute is at least NOK 125  000 and both parties have been assisted by a lawyer,  
b) out -of-court mediation pursuant to Chapter 7 has been attempted,  
c) the case has been heard on its merits in the fair trade or complaints tribunal with the consent of 
the opposite party, or in a similar tribunal that has been publicly approved pursuant to statute, or  
d) a new claim or a new party is introduced pursuant to sections 15 -1 to 15 -3 after the writ of 
summons has been served.  
 
Section 6 -3 Application for concilia tion proceedings  
(1) A case shall be brought before the conciliation board by way of complaint. The complaint shall 
be submitted orally or in writing to the conciliation board pursuant to the provisions of Chapter 12.  
(2) The complaint shall state  
a) the  name of the conciliation board,  
b) the names and addresses of the parties and of any counsel or party representative pursuant to 
sections 2 -3 to 2 -5,  
c) the claim that is being made and a prayer for relief which clearly states the result the claimant is  
requesting by way of judgement, and  
d) the grounds for the claim, which must always contain a concise description of the facts upon 
which the claim is directly based.  
(3) Copies of documents upon which the claim is directly based should be attached. If the claimant 
is claiming compensation for costs for non -judicial debt collection, the request for payment 
pursuant to the Debt Collection Act section 10, cf. section 12 shall be attached.  
(4) If the conciliation board does not have jurisdiction over the c ase, the complaint shall be 
summarily dismissed. If the claim contains errors that can be rectified, the claimant shall first be  
 22 given the opportunity to rectify them pursuant to section 16 -5. A claim that is submitted to the 
wrong conciliation board pursu ant to the provisions of Chapter 4 shall be referred to the 
appropriate conciliation board pursuant to section 4 -7.  
 
Section 6 -4 Reply  
(1) If the conciliation board proceeds with the case, the complaint shall be served on the defendant 
together with an o rder to file a reply within a time limit, which shall normally be fixed at two 
weeks. The reply shall be submitted orally or in writing pursuant to the provisions of Chapter 12. 
The conciliation board shall provide necessary guidance on the mandatory conte nts of the reply and 
the consequences of submitting a reply that is out of time or incomplete.  
(2) The defendant shall state in his reply whether the claim in the complaint is accepted or 
contested, or whether he objects to the conciliation board dealing with the case. If the claim is 
contested, the reply should also briefly state the grounds for the defendant’s standpoint. Copies of 
important documents should be attached.  
(3) If the reply is submitted out of time and there is no cause to believe that the  defendant is 
lawfully absent pursuant to section 16 -12(2), the conciliation board shall pronounce judgement in 
default if the conditions for doing so are fulfilled. If there is cause to believe that the defendant’s 
failure to respond is due to lawful abse nce, the conciliation board shall either fix a new time limit or 
summon a meeting.  
(4) If the defendant in his reply has accepted the prayer for relief in the complaint, the conciliation 
board shall pass judgement accordingly.  
 
Section 6 -5 Notice of meet ing  
(1) The conciliation board shall summon the parties to a meeting to hear the case pursuant to 
section 13 -2. The meeting should take place within three months after the complaint was 
submitted.  
(2) The summons shall invite the parties to submit copies  of any new documents to the conciliation 
board and the opposite party at least one week before the meeting. The parties shall be given 
specific notice of the one -week time limit for warning the presentation of evidence pursuant to 
section 6 -8(4), for info rming about the use of an advocate pursuant to section 6 -7(5) and for an 
application to discontinue the proceedings pursuant to section 6 -11(2).  
 
Section 6 -6 The duty of the parties to attend  
(1) A party who has his ordinary venue in the municipal author ity or in a neighbouring municipal 
authority has a duty to attend either in person or by a party representative pursuant to section 2 -3 
unless he is lawfully absent. A party in a case which concerns a personally run business 
undertaking may attend by one o f his employees.  
(2) A party who is not obliged to attend in person pursuant to subsection (1) may attend by 
counsel.  
(3) The case shall be summarily dismissed if the claimant fails to attend and there is no cause to 
believe that he is lawfully absent. I f the defendant fails to attend, the conciliation board shall 
pronounce judgement in default if the conditions for doing so are fulfilled. If the conditions for 
summary dismissal or judgement in default are not fulfilled, the case shall be adjourned to a n ew 
meeting unless the party who has attended demands that the proceedings be discontinued.  
 
Section 6 -7 Counsel and of counsel  
(1) As counsel before the conciliation board the parties may use  
a) an advocate or authorised deputy advocate,   
 23 b) a legal serv ices provider pursuant to the Courts of Justice Act section 218 (2) nos. 1 to 3,  
c) a licensed debt collector who has a debt collection assignment for the case,  
d) a spouse or cohabitant, a relative in a direct line of ascent or descent or a sibling,  
e) an employee or other person affiliated to the business undertaking to which the case relates, or  
f) a suitable person of legal age, subject to consent from the conciliation board in each individual 
case.  
(2) As counsel at a meeting the parties may also use  
a) a person of legal age who is employed by and under the professional supervision of counsel 
pursuant to subsection (1)(a) - (c), or  
b) a person on the conciliation board's panel of permanent representatives pursuant to subsection 
(6).  
(3) The foll owing persons cannot be engaged as counsel before the conciliation board:  
a) a person who carries out work or assignments for the conciliation board, or  
b) a person who provides commercial or regular legal services but who does not fall within the 
scope of subsections (1) or (2).  
(4) At a meeting of the conciliation board, the parties may be assisted by of counsel who is 
qualified to act as counsel before the conciliation board.  
(5) If a party intends to be accompanied by an advocate as counsel, of coun sel or party 
representative, he shall notify the opposite party and the conciliation board accordingly at least one 
week before the meeting. In such case, the opposite party may be accompanied by an advocate 
without specific notice.  
(6) Each conciliation board shall maintain a panel of permanent representatives. The panel shall be 
appointed by the municipal authority for a period of four years at a time. The King shall issue 
regulations on the number of representatives, their qualifications and remuneratio n etc.  
 
Section 6 -8 The procedure of meetings  
(1) The conciliation board shall attempt through conciliation to bring the dispute to an amicable 
resolution in accordance with the purpose of conciliation board proceedings pursuant to section 6 -1 
(1). Secti on 8-2 applies correspondingly. If the parties have declared that they do not want the 
conciliation board to pass judgement, the conciliation board may propose solutions and express 
views on the dispute regardless of the restrictions in section 8 -2(1) thir d sentence.  
(2) The parties shall be given the opportunity to present their views on the case and to respond to 
the views of the opposite party. The conciliation board shall determine whether counsel or of 
counsel of a party present in person shall be per mitted to speak in addition to the party.  
(3) Documents shall be reviewed during the course of the parties' presentation of the case. If a 
party presents new documentary evidence at the meeting, the opposite party shall be given the 
opportunity to assess and refute such material. If required, the case shall be adjourned pursuant to 
subsection (7).  
(4) The conciliation board can permit other evidence to be presented if the evidence is deemed to 
be of material importance and its presentation will not unduly  delay the case. The conciliation 
board cannot appoint experts or compel anyone to appear as witness or disclose evidence. The 
opposite party and the conciliation board shall receive notice at least one week before the meeting 
if a party wishes to present witnesses who will appear voluntarily or if it wishes evidence to be 
inspected by the court.  
(5) Parties and witnesses shall not make an affirmation but shall be encouraged to tell the truth 
and shall be made aware of the liability attached to making a fa lse statement.   
 24 (6) If the parties reach an agreement, a settlement can be entered into pursuant to the provisions 
of section 19 -11. If the parties have previously declared that they do not want the conciliation 
board to pass judgement, the meeting shall c lose when mediation is concluded. If the conciliation 
board finds that there may be a basis for passing judgement pursuant to section 6 -10, the 
conciliation board shall ask the parties whether they wish it to do so and, if so, whether they have 
anything fu rther to add.  
(7) The conciliation board shall seek to finalise the proceedings at the first meeting. The meeting 
shall only be adjourned if there is cause to believe that further meetings will lead to a conclusion of 
the case before the conciliation boar d.  
 
Section 6 -9 Public access to meetings, access to information, the court record  
(1) The meetings of the conciliation board shall be public to the extent provided by the Courts of 
Justice Act Chapter 7. If the parties have declared that they do not wan t the conciliation board to 
pass judgement, the proceedings may take place in camera if both parties so request.  
(2) The parties and the public shall be entitled to access to the documents of the conciliation board 
relating to the case to the extent provi ded in Chapter 14.  
(3) The record of the meeting of the conciliation board shall contain the information stated in 
section 13 -6.  
 
Section 6 -10 The power of the conciliation board to pass judgement  
(1) The conciliation board may pass judgement with the c onsent of both parties.  
(2) The conciliation board may pass judgement at the request of one of the parties if the case 
concerns an asset claim and the amount in dispute is less than NOK 125  000. 
(3) In addition, the conciliation board may pass judgement a t the request of the claimant if  
 a) the conditions for passing judgement in default are fulfilled, or  
 b) the only defence raised by the defendant in a case concerning a claim for the payment of 
money is inability to pay or other defence which is obvious ly irrelevant.  
(3) The conciliation board may only pass judgement if its members agree that there is a sufficient 
basis for passing judgement.  
 
Section 6 -11 Discontinuation of the case  
(1) After it has received the reply, the conciliation board may disc ontinue the conciliation 
proceedings if it finds it unlikely that the case is suited for conciliation board proceedings.  
(2) Up until one week before the meeting, the defendant can demand that the conciliation board 
proceedings shall be discontinued if the  case is brought before a tribunal referred to in section 6 -
2(2)(c). However, this shall not apply if the case has previously been discontinued pursuant to this 
provision.  
(3) The case shall be discontinued following an unsuccessful attempt at conciliatio n if the 
conciliation board does not pass judgement.  
(4) A party may request that the conciliation proceedings be discontinued if the meeting has not 
been closed within three hours. The conciliation proceedings shall be discontinued at the request of 
a party if the case is not concluded within three months after the complaint to the conciliation 
board was served. The parties can waive the right to make such a request.  
(5) Where conciliation proceedings have been discontinued, the case may only be brought b efore 
the conciliation board again   
 25 a) after 12 months have elapsed,  
b) with the prior consent of the opposite party, or  
c) if the proceedings before a tribunal referred to in subsection (2) have been concluded.  
 
Section 6 -12 The rulings of the conciliatio n board  
(1) Claims that form the subject matter of the dispute shall be determined by way of judgement. 
All other rulings shall be made by way of decision.  
(2) Outside conciliation meetings, all rulings on the proceedings of the case that can be made by a 
preparatory judge pursuant to section 19 -2(2) shall be made by the president of the conciliation 
board or the secretariat of the conciliation board in accordance with regulations issued pursuant to 
the Courts of Justice Act section 27(6). If there is no doubt about the ruling, the president of the 
conciliation board may also pass judgement pursuant to section 6 -4(3) and (4).  
(3) If the case is disputed, grounds for the judgement shall be given. In its grounds, the 
conciliation board shall briefly explain what the case is about, state the parties’ prayers for relief 
and describe the factors which the conciliation board has taken into account in reaching its 
conclusion. The parties’ prayers for relief need not be stated if these are included in the minutes o f 
the meeting that are distributed together with the judgement.  
(4) Decisions that conclude the case shall state the statutory provision upon which the ruling is 
based.  
(5) Judgement shall be pronounced within one week after the case has been closed for judgement.  
 
Section 6 -13 Costs  
(1) Compensation for costs before the conciliation board shall only be granted for the following 
items  
a) the court fee,  
b) the travel expenses of parties who are under a statutory obligation to attend in person,  
c) an a mount of up to one half of the court fee to cover attendance expenses for parties who are 
not under a statutory obligation to attend in person, and  
d) an amount of up to four times the court fee to cover legal assistance in the preparation of the 
complain t or the reply or other preparation of the case, but not exceeding an amount equivalent to 
the court fee if the claimant in addition claims compensation for costs incurred in non -judicial 
enforcement pursuant to subsection (3), and  
e) an amount in addition  to the amounts referred to in c) and d) above equivalent to the ordinary 
rate of value added tax unless the legal circumstances in the cases arise principally out of a 
business of the party that is liable to pay value added tax.  
(2) Claims for compensati on for costs incurred in non -judicial enforcement (debt collection) shall 
not be deemed to be costs for the purposes of this section.  
(3) Claims for compensation from the State pursuant to section 20 -12 for errors in the proceedings 
before the conciliatio n board shall be brought before the district court.  
(4) The King can issue regulations on the ordinary rates for legal assistance pursuant to subsection 
(1)(d).  
 
Section 6 -14 Remedies against the rulings of the conciliation board  
(1) Judgements of the con ciliation board may be reviewed by way of action before the district court 
pursuant to the provisions in Chapters 9 and 10. A writ of summons must be filed within one  
 26 month. Reinstatement may be granted if the time limit is exceeded. Section 9 -2(4) applies  to 
simplified writs of summons.  
(2) The following rulings only may be appealed:  
a) rulings on costs, court fees or the fixing of legal fees, and  
b) rulings to amend a judgement beyond what is permitted by sections 19 -8 or 19 -9.  
(3) The appeal shall be lodged with the district court, which shall make a new ruling on the merits 
on the issues that are subject to review. Subsection (1) fourth sentence on simplified formulation 
of writs of summons apply correspondingly to the notice of appeal. In all other r espects, the case 
shall be heard pursuant to the rules on appeals against decisions to the court of appeal.  
(4) A claim for reinstatement cannot be made for mistakes before the conciliation board.  
(5) Judgements of the conciliation board may be reopened by application to the district court 
pursuant to the provisions of Chapter 31.  
  
Chapter 7 Out -of-court mediation  
Section 7 -1 Agreement on out -of-court mediation  
(1) The parties may, in respect of a legal dispute, agree to out -of-court mediation pursuan t to this 
Act. The agreement shall be in writing and shall specify that the provisions on out -of-court 
mediation in this Act shall apply. An agreement made before a legal dispute has arisen shall not be 
binding on a consumer.  
(2) The parties may at any tim e demand that the out -of-court mediation shall be adjourned.  
 
Section 7 -2 The mediator  
(1) The parties may agree on who shall act as mediator or on the procedure for appointing the 
mediator. At the request of the parties, the district court shall appoint  a mediator from the court's 
panel of judicial mediators. The request shall be made in writing and signed by both parties. The 
request shall state what the dispute is about. If the court declines to appoint a mediator, the 
decision may be appealed by the p arties acting jointly. Section 29 -3(3) does not apply.  
(2) The mediator shall be impartial and independent of the parties and qualified for the task. The 
mediator shall on his own motion provide information about circumstances that could cast 
legitimate d oubt on his impartiality or independence. Section 8 -4(2) applies correspondingly to 
mediators appointed by the court.  
(3) The mediator may engage an assistant with the consent of the parties. The parties may require 
the court to appoint the assistant, who need not be appointed from the court's panel of judicial 
mediators. Subsection (2) applies correspondingly to the assistant.  
(4) Mediators and assistants may make their participation in out -of-court mediation conditional 
upon an advance payment or security  for their claim for remuneration pursuant to section 7 -4. The 
King may issue regulations with more detailed provisions on mediators and assistants appointed by 
the court.  
 
Section 7 -3 The procedure at mediation  
(1) Parties shall participate in out -of-court mediation in person or be represented by a person 
authorised to enter into an amicable settlement agreement.  
(2) The mediator shall adhere to the parties’ agreement concerning the procedure to be followed in 
the out -of-court mediation as long as this e nables a proper conduct of the mediation.   
 27 (3) In the absence of agreement on the procedure to be followed, the procedure shall be 
determined by the mediator in consultation with the parties. Meetings with the parties may be held 
jointly or separately. The  mediator shall act impartially and promote an amicable settlement. The 
mediator may present proposals for a solution to the matter and may express his views on the 
strengths and weaknesses of the parties’ legal and factual arguments.  
(4) A record shall b e kept of the mediation stating who has participated. The identity of any third 
party who gives testimony shall be recorded. A party who makes an offer of settlement may 
demand that the offer be recorded.  
(5) Out -of-court mediation shall be concluded by t he conclusion of an amicable settlement, a 
declaration by the mediator that further mediation is pointless or a declaration by one or both of 
the parties that they do not wish further mediation. The record shall state that mediation has been 
closed.  
(6) S ection 8 -6 on prohibited evidence and the duty of confidentiality following judicial mediation 
applies correspondingly to out -of-court mediation pursuant to this Chapter.  
 
Section 7 -4 The mediator’s remuneration  
(1) The mediator and the assistant are ent itled to remuneration for their work. Unless otherwise 
agreed, the parties are accountable for the remuneration in equal shares.  
(2) The court can be required to determine the remuneration of mediators and assistants appointed 
by the court. The King may i ssue regulations with more detailed provisions on remuneration.  
 
Chapter 8. Mediation and judicial mediation before the ordinary courts  
I Amicable settlement and mediation  
Section 8 -1 Amicable settlement of disputes before the courts  
(1) The court shal l at each stage of the case consider the possibility of a full or partial amicable 
settlement to the legal dispute through mediation or judicial mediation, unless the nature of the 
case or other circumstances suggest otherwise.  
(2) In proceedings before t he conciliation board, this consideration shall take place through 
mediation pursuant to the provisions in section 6 -8.  
 
Section 8 -2 Mediation  
(1) Mediation takes place by the court attempting to provide a basis for an amicable settlement, 
either at a co urt hearing or through other contact with the parties. During mediation, the court 
shall not hold separate meetings with each party nor receive information that cannot be 
communicated to all parties involved. The court may not present proposals for a solut ion, offer 
advice or express points of view that could impair confidence in the impartiality of the court.  
(2) If the parties reach agreement, the settlement may be concluded as an in -court settlement 
pursuant to section 19 -11.  
 
II Judicial mediation  
Section 8 -3 Judicial mediation  
(1) The court may decide that judicial mediation pursuant to sections 8 -4 to 8 -6 shall take place 
instead of or in addition to mediation pursuant to section 8 -2.  
(2) In making its ruling, the court shall have regard to the vi ews of the parties to judicial mediation 
and the likelihood of reaching a settlement or simplifying the case. The court shall also have regard  
 28 to whether judicial mediation may be inappropriate due to differences in the relative strength of 
the parties, th e costs of judicial mediation, previous attempts at mediation or other circumstances. 
Judicial mediation shall only take place against the will of the parties in special circumstances.  
 
Section 8 -4 The judicial mediator  
(1) The preparatory judge in the c ase, one of the other judges of the court or a person from the 
court's panel of judicial mediators may act as the judicial mediator. The court may with the consent 
of the parties appoint a judicial mediator who is not on the panel of judicial mediators. Th e court 
may also with the consent of the parties appoint an assistant to the judicial mediator.  
(2) Judicial mediators and assistants are subject to the same requirements as to impartiality as 
judges. An appointment of a judicial mediator or an assistant may be appealed on the grounds of 
partiality.  
(3) An assistant or a judicial mediator who is not a judge at the court shall be entitled to 
remuneration determined by the court. The remuneration shall be determined according to legal 
aid rates unless the c ourt, the parties and the judicial mediator or assistant have agreed otherwise. 
The King may issue regulations with more detailed provisions on remuneration.  
(4) The president of the court shall draw up a panel of judicial mediators. The panel may be join t 
with another or several other courts. The duty to draw up a panel of judicial mediators does not 
apply to the Supreme Court. The members of the panel should together cover the range of 
expertise required for judicial mediation before the court. The judic ial mediators on the panel shall 
have the qualifications necessary to act as judicial mediators. The King may issue regulations on 
the panel of judicial mediators, including qualification requirements.  
 
Section 8 -5 The proceedings in and the content of ju dicial mediation  
(1) Judicial mediation shall take place outside court hearings. The judicial mediator shall determine 
the procedure to be followed in consultation with the parties. Meetings with the parties may be held 
jointly or separately.  
(2) The par ties shall attend the judicial mediation in person and may be accompanied by counsel.  
(3) The judicial mediator shall act impartially and seek to clarify the parties’ interests in the dispute 
with a view to reaching an amicable settlement. The mediator ma y identify proposals for a solution 
and may discuss the strengths and weaknesses in the parties’ legal and factual arguments.  
(4) The judicial mediator shall determine whether and to what extent evidence shall be presented 
at judicial mediation. Evidence shall not be presented without the consent of the parties and any 
third party by whom evidence or testimony is to be given.  
(5) The judicial mediator shall maintain a record of mediation meetings, which shall state the name 
of the court, the time and plac e of the mediation meeting, the case number, the names of the 
mediator, parties and counsel, whether the parties attend in person and, if applicable, the names 
of representatives. The record shall state whether witnesses or experts have been examined and 
their identity. A party who makes an offer of settlement may demand that the offer be recorded. 
The record shall form part of the case documents.  
(6) If the parties reach agreement, the settlement may be concluded as an in -court settlement, 
which shall be recorded in the judicial mediation record. In all other respects, section 19 -11(2) to 
(4) apply correspondingly.  
 
Section 8 -6 Prohibited evidence and duty of confidentiality  
(1) The parties cannot, in the same or in another case, testify as a party or a witness about what 
emerged at the judicial mediation. However, they are not precluded from providing information 
about specific evidence that was referred to and which has not emerged on another manner, or 
about proposals for an amicable settlement that is  recorded pursuant to section 8 -5(5). In all other  
 29 contexts, the parties shall refrain from disclosing matters that were conveyed to them on condition 
of confidentiality.  
(2) Judicial mediators and other persons who fall outside the scope of subsection (1 ) shall maintain 
confidentiality about what took place during the judicial mediation. However, they may testify as to 
whether a written agreement is in accordance with what was agreed during the judicial mediation.  
 
Section 8 -7 Further proceedings if no a greement is reached  
(1) If the case is not concluded at mediation, it shall continue to be heard before the court. The 
court shall, as far as possible, seek to ensure that unsuccessful judicial mediation does not cause 
delay in the progress of the case.  
(2) A judge who has acted as judicial mediator in the case may only participate in the further 
hearing of the case at the request of the parties and if the judge does not consider it imprudent. 
The Courts of Justice Act section 109 shall not apply in the e vent of a change of judge.  
 
 
Part III - The proceedings in the court of first instance  
Chapter 9. General procedure  
I General  
Section 9 -1 Scope  
This Chapter applies to proceedings in the district court and to proceedings in the court of appeal in 
cases  where the court of appeal is the court of first instance.  
 
II Preparation of the case  
Section 9 -2 Instituting proceedings. The writ of summons  
(1) An action shall be brought by submission of a writ of summons to the court. The writ of 
summons shall be submitted in writing or orally pursuant to section 12 -1(2).  
(2) The writ of summons shall state:  
a) the name of the court,  
b) the names and addresses of the parties, their party representatives and counsel,  
c) the claim that is being made and a prayer for relief which states the outcome the claimant is 
requesting by way of judgement,  
d) the factual and legal grounds upon which the claim is based,  
e) the evidence that will be presented,  
f) the basis upon which the court has jurisdiction to hear the ca se, if this can be in doubt, and  
g) the claimant's view on the further proceedings of the case, including any agreements which may 
be of relevance to the proceedings.  
(3) The writ of summons shall provide a basis for the parties and the court to hear the  case in a 
sound manner. Claims, prayers for relief and the factual and legal grounds shall be stated in such a 
manner to enable the defendant to consider the claims and prepare the case. The claimant’s 
argumentation shall not go further than necessary to satisfy these requirements. The writ of 
summons shall give the court a basis for assessing its jurisdiction and shall provide the information 
necessary to enable the writ of summons to be served and to contact the parties.   
 30 (4) If the action seeks review of  a judgement of the conciliation board or of a decision of a tribunal 
that would have the effect of a judgement if it was not brought before the courts, it is sufficient to 
submit the decision to the court together with a statement that requests review and  states the 
amendment that is being requested and the alleged error in the decision. The court shall obtain the 
documents from the body that has made the decision. Section 36 -2(1) applies to the institution of 
proceedings for review by the court of adminis trative decisions on coercive measures pursuant to 
Chapter 36.  
 
Section 9 -3 Written reply  
(1) Unless the court decides that the reply shall be submitted at a court hearing pursuant to 
section 9 -5, the defendant shall submit a written reply, or an oral re ply which the court enters into 
writing, see section 12 -1(2). The court shall set a time limit for the defendant to submit the reply 
or have it entered into writing, which should normally be three weeks. The court shall provide 
necessary guidance on the ma ndatory contents of the reply and the consequences of submitting a 
reply that is out of time or incomplete.  
(2) The defendant shall state in his reply whether the claim is accepted or contested, or whether he 
objects to the court dealing with the case.  
(3) The reply should state:  
a) the defendant’s prayer for relief which states the outcome the defendant is requesting by way of 
judgement,  
b) the factual and legal grounds upon which the prayer for relief is based,  
c) the evidence that will be presented, and  
d) the defendant’s view on the further proceedings of the case.  
(4) The defendant’s argumentation shall not go further than necessary to provide an adequate 
basis for the further preparation of the case.  
 
Section 9 -4 Management of the case. Plan for  further proceedings  
(1) The court shall actively and systematically manage the preparation of the case to ensure that it 
is heard in a swift, cost effective and sound manner.  
(2) Immediately after the reply has been submitted pursuant to section 9 -3, the court shall, after 
discussions with the parties, prepare a plan for the further proceedings including setting time limits 
and making necessary decisions. These decisions include:  
a) whether judicial mediation or mediation at a court hearing should be at tempted,  
b) whether the case should be heard pursuant to special provisions,  
c) whether court hearings shall be held during the preparatory stage and whether it could be 
appropriate to rule on the case following such court hearing,  
d) whether written su bmissions shall be made and form part of the basis for ruling on the case,  
e) whether the proceedings in the case should be split,  
f) a review of the presentation of evidence, including whether an on -site inspection, access to 
evidence or production of e vidence is being requested, whether evidence shall be secured and 
whether an expert should be appointed,  
g) whether the parties shall submit written closing submissions,  
h) setting the date for the main hearing, which date may only be more than six month s after the 
date of submission of the writ of summons if special circumstances make it necessary,  
i) whether the court shall sit with expert or regular lay judges, and   
 31 j) other issues of importance to the preparation of the case.  
(3) Discussions pursuan t to subsection (2) shall take place at a court hearing, which may be held in 
the form of a distance meeting. If justified by the need for progress in the case or if it is evident 
that discussions at a court hearing are not required, the court can request the parties to submit 
their remarks in writing or obtain the required clarification by other method.  
 
Section 9 -5 Court hearings during the preparatory stage  
(1) If the court decides that the reply shall not be submitted in writing, the reply shall be su bmitted 
at a court hearing during the preparatory stage, to which the parties shall be summonsed pursuant 
to section 13 -2.  
(2) At the court hearing, the defendant shall, in accordance with section 9 -3(2), state his position 
regarding the claims and the ju risdiction of the court. A plan for the further proceedings of the case 
shall be discussed and determined pursuant to the provisions of section 9 -4.  
(3) Other court hearings than those provided for in subsection (1) and section 9 -4(3) may be held 
if neces sary for or appropriate to the further preparation of the case. Such court hearings may be 
held in the form of distance meetings. If at the main hearing the court is to sit with lay judges or 
more than one professional judge, the court may decide that the same shall apply to court hearings 
during the preparatory stage of the case.  
(4) The court can pronounce judgement following proceedings at a court hearing during the 
preparatory stage provided that it has a sound basis for doing so and the parties have c onsented.  
 
Section 9 -6 Remarks, objections and rulings on procedural issues  
(1) The parties shall be given the opportunity to make remarks concerning issues of importance for 
rulings on procedural issues.  
(2) A party shall raise any objection to procedu ral steps as soon as he is able to do so. An objection 
that is raised later shall be disallowed unless such party was unaware of the basis for the objection 
and it would be unreasonable to disallow it.  
(3) Rulings on procedural issues, including whether t he case shall be summarily dismissed or 
quashed, shall be made as early as possible during the preparatory stage. The procedural issue 
may be heard and determined at the main hearing if this is considered expedient due to its 
connection to the claims to be  determined or other circumstances.  
(4) Rulings on procedural issues during the preparatory stage shall be made following a written 
hearing. Oral proceedings shall be held if required to fulfil the purposes of the Act regarding fair 
and sound proceedings.  The oral proceedings may be limited to specific issues.  
 
Section 9 -7 Rulings based on agreement between the parties  
(1) If the parties agree on a claim and the agreement is binding on the court pursuant to section 
11-2, the claim shall be determined imm ediately on that basis. The court may postpone the ruling 
on the claim until the remaining rulings in the case are to be made unless the interests of one of 
the parties suggest otherwise and provided that such postponement in all other respects is 
expedien t.  
(2) A ruling pursuant to subsection (1) may be made notwithstanding that the parties disagree on 
the costs relating to the claim.  
 
Section 9 -8 Simplified judgement proceedings  
(1) If it is evident that the claim that has been brought cannot succeed e ither in whole or in part or 
it is evident that the objections to the claim are unsustainable as a whole, the court may on  
 32 application by one of the parties determine the claim by judgement following simplified judgement 
proceedings. The court shall only p rocess an application for simplified judgement proceedings if it 
finds cause to do so. No appeal may be brought against a decision of the court regarding such 
proceedings.  
(2) Simplified judgement proceedings may take place at any time during the preparato ry stage. 
Section 9 -6(4) applies correspondingly.  
(3) The judgement may be appealed pursuant to the provisions on appeal against ordinary 
judgements. The appeal may be determined pursuant to section 29 -12(2).  
 
Section 9 -9 Type of proceedings and the basi s for the ruling  
(1) The court shall rule on the subject matter of the action following oral proceedings at a main 
hearing pursuant to section 9 -14 or a written hearing pursuant to subsection (2), unless a ruling is 
made pursuant to sections 9 -5(4), 9 -7 or 9-8. In cases that are determined following a main 
hearing, written submissions pursuant to subsections (3) and (4) shall be included in the basis for 
the ruling in the case.  
(2) The parties may, with the consent of the court, agree that the ruling shall  be made on the basis 
of a written hearing or a combination of a written hearing and a court hearing. Consent can only be 
given if it would result in the case being heard in a more effective and cost -efficient manner.  
(3) If the case involves particularly  complex legal or factual issues, the court may order the parties 
to provide written submissions on such specific issues. Written submissions can only be ordered if 
necessary to establish a considerably firmer basis for making a ruling and if the interests  of cost -
efficiency do not suggest otherwise. The court can decide in more detail on the format and scope of 
the submissions. If a party objects to providing a written submission pursuant to this subsection, 
the issue shall be determined by interlocutory o rder.  
(4) If the facts in the case are complex, the court may order the claimant to submit a brief 
chronological or other systematic account of the facts or part thereof. The defendant shall submit a 
reply stating which parts of the description of the fac ts are accepted and which parts are contested. 
With regard to the latter, the defendant shall give his own brief account of the facts. The court can 
encourage the parties to cooperate on preparing accounts pursuant to this provision.  
 
Section 9 -10 Complet ion of the preparatory stage. Written closing submission  
(1) The preparatory stage shall be completed two weeks before the main hearing, unless the court 
fixes a different time limit.  
(2) As a general rule, the court shall order the parties to submit a w ritten closing submission 
before the preparatory stage is completed. The written closing submission shall briefly state the 
prayer for relief, the grounds upon which the prayer is based, the legal rules that are invoked and 
the evidence that the party will  present. The written closing submission shall be accompanied by a 
proposal for a time schedule for the main hearing, see section 9 -11(2).  
 
Section 9 -11 Preparation for the main hearing  
(1) The court shall summons the parties to the main hearing, see sec tion 13 -2.  
(2) After the preparatory stage has been completed, the court shall clarify how the main hearing 
will proceed. This includes, among other things, how the dispute will be presented, the timing of 
oral testimony and how this will be given, issues  relating to on -site inspections and the length of 
various submissions to be made during the course of the proceedings. The court may set 
timeframes for the parties’ submissions, the giving of testimony by the parties and other 
presentation of evidence, pr ovided that timeframes are reasonable and appropriate.  
 
III The main hearing   
 33 Section 9 -12 The composition of the court at the main hearing  
(1) At the main hearing, the court shall sit with two lay judges in addition to the professional judge 
or the prof essional judges if requested by one of the parties or deemed by the court to be 
desirable.  
(2) The lay judges shall be expert lay judges if required for the proper conduct of the case.  
(3) The expert lay judges shall be appointed from the panels of exper t lay judges or from outside 
such panels to ensure that that they have the expertise suited to the case. Lay judges with 
different expertise may be appointed. A person may only be appointed as lay judge with legal 
expertise if nominated by both parties.  
(4) The president of the district court may decide that the court shall sit with more than one 
professional judge at the main hearing, if  
a) the case involves particularly complex legal or factual issues, or other circumstances so require, 
or  
b) the partie s have agreed to such procedure and in such agreement have waived the right to 
appeal, and the value of the subject matter of the dispute exceeds the minimum required for 
appeal to the court of appeal pursuant to section 29 -13.  
(5) Three professional judg es shall participate if the district court is to sit with more than one 
professional judge. If the court is also to sit with lay judges, it shall sit with two professional judges 
and three lay judges. Deputy judges cannot sit in cases where the court is to  sit with more than 
one professional judge. If there are fewer permanent professional judges attached to the court 
than the number of judges who are to participate in hearing the case, the court shall summon a 
judge from another court pursuant to the Court s of Justice Act section 19(2). The president of the 
court shall decide who shall be the presiding judge.  
 
Section 9 -13 Administration of the main hearing  
(1) At the start of the main hearing, the court shall verify that circumstances are conducive to th e 
proceedings taking place as determined during the preparatory stage and in a manner that is 
appropriate for the proper execution of the hearing.  
(2) The court shall ensure that the main hearing proceeds in a focused and proper manner without 
unnecessary  delays to the court, the parties, the witnesses and the experts. Proceedings on issues 
that are irrelevant to the case shall be denied. The same applies to unnecessary repetition, 
unnecessarily broad proceedings and proceedings on issues that have already  been sufficiently 
discussed. If timeframes for submissions or the presentation of evidence have been agreed or 
imposed, the court shall ensure that these are observed and may make such preclusions as are 
required.  
 
Section 9 -14 Oral main hearing  
(1) The  proceedings at the main hearing shall be oral and the presentation of evidence shall be 
immediate pursuant to section 21 -9.  
(2) The requirement that the proceedings shall be oral shall not prevent a party, a witness, an 
expert or counsel from presenting and referring to supporting documents to assist his explanation. 
Such supporting documents shall not constitute evidence in the case independent of the 
explanation they are intended to assist. Nor shall they be formulated as written pleadings. If by 
virtue  of the complexity or proportion of a supporting document, the opposite party needs to 
review it before it is presented, it shall be submitted in sufficient time for the opposite party to be 
able to review it. If the supporting document is not submitted in  sufficient time, the court can 
disallow it if its use would otherwise delay the progress of the case. Section 9 -16(2) applies 
correspondingly.  
 
Section 9 -15 The different stages of the main hearing   
 34 (1) The court shall clarify the prayer for relief, the grounds upon which the prayer is based and the 
previously announced presentation of evidence.  
(2) The claimant shall present the case in a focussed manner and review documentary evidence 
and other evidence that will not be given in the course of testimony  or at an on -site inspection.  
(3) The defendant shall be given the opportunity to present his views. The defendant’s presentation 
shall if possible be limited to correcting and supplementing the claimant’s presentation.  
(4) The parties shall give testimo ny. The claimant shall testify first unless special reasons suggest 
otherwise.  
(5) Witnesses shall be examined.  
(6) Other evidence shall be presented, including examination of experts.  
(7) The parties shall each be permitted to address the court twice b y way of closing speeches. The 
claimant shall address the court first unless the court for special reasons determines otherwise.  
(8) The court may vary the order of the different stages of the main hearing. Presentation of 
evidence after the parties’ clos ing speeches pursuant to subsection (7) shall only be permitted with 
the parties’ consent or if they are given the opportunity to argue their views on such evidence after 
it has been presented. In particularly comprehensive cases, the court can decide that  one or more 
claims or controversial points shall be heard at a time, so that all or some of the different stages 
may be repeated several times.  
(9) If at the main hearing it is not possible to present evidence that the parties are entitled to 
present, th e court may, provided the proper conduct of the case permits, proceed with the main 
hearing so that only the presentation of such evidence and the arguments related thereto shall 
remain. The proceedings shall then continue at a court hearing unless the par ties consent to 
written submissions.  
(10) If a significant part of the basis for the ruling is written documentation, the court can decide 
that the parties shall make their main address and go through the case and present factual and 
legal arguments immed iately after the clarification pursuant to subsection (1), instead of making 
presentations pursuant to subsections (2) and (3). In that case, the parties shall be permitted to 
address the court by way of one brief closing speech each at the end of the proc eedings, which 
speech shall be limited to matters that emerged during the opposite party’s main address to the 
court and the subsequent presentation of evidence.  
 
Section 9 -16 Amendments to the claim, the prayer for relief, the grounds for the prayer and 
evidence  
(1) After the preparatory stage is completed, a party cannot, if the opposite party objects, submit 
new claims, broaden the prayer for relief in respect of a claim, submit new grounds upon which to 
base such prayer or present new evidence, unless  this happens before the main hearing and is 
occasioned by the opposite party’s closing speech or permitted by the court. The court shall grant 
permission when:  
a) the party cannot be reproached for the amendment not having been made earlier and it would 
be unreasonable to refuse the amendment,  
b) the opposite party is sufficiently able to safeguard his interests following the amendment 
without the need for an adjournment, or  
c) refusal could lead to unreasonable loss for the party.  
(2) Notwithstanding that the conditions in subsection (1) are not fulfilled, the court may permit an 
amendment on condition that the party is ordered to pay the opposite party’s additional expenses 
resulting from the amendment having been made after the expiry of the time lim it for 
amendments, provided no other important interests pertaining to the opposite party suggest 
otherwise.  
(3) Notwithstanding that no objection has been made to an amendment pursuant to subsection 
(1), the court may disallow the amendment if concern fo r the progress of the case or other  
 35 important considerations suggest that amendment should not be permitted. Refusal must not be 
unreasonable.  
 
Section 9 -17 The case is closed for judgement. Continued proceedings  
(1) When the case is ready to be ruled on , either at the main hearing or thereafter, the court shall 
declare that the case is closed for judgement.  
(2) The court shall ensure that further proceedings are conducted after the case has been closed 
for judgement if it finds that such proceedings are  necessary in order to ensure a proper basis for 
ruling on the case.  
 
Chapter 10. Small claims procedure  
Section 10 -1 Main rule and scope  
(1) The small claims procedure shall be the normal procedure for dealing with small claims in cases 
before the distr ict court, where particular consideration shall be given to adapting the proceedings 
to the importance of the dispute.  
(2) The following cases shall be heard pursuant to the small claims procedure:  
a) all cases where the amount in dispute is less than NO K 125 000,  
b) cases where the amount in dispute is more than NOK 125  000 and the parties consent to the 
case being heard pursuant to the small claims procedure and the court so decides, and  
c) cases that do not concern asset claims where the court finds that application of the small claims 
procedure will be proper and appropriate, and both parties do not object to the procedure.  
(3) Notwithstanding, the following cases shall not be heard pursuant to the small claims procedure:  
a) class actions pursuant to Chapter 35,  
b) cases subject to special procedure, unless otherwise provided in the relevant Act,  
c) actions relating to legal issues in respect of which the right of disposition of the parties is 
limited, see section 11 -4, and  
d) cases pursuant to s ubsection (2)(a) where the case for one of the parties must be deemed to be 
of material importance beyond the specific dispute, or the proper conduct of the case requires it to 
be heard by general procedure.  
(4) Disputes about whether a case shall be hear d pursuant to the small claims procedure shall be 
determined by interlocutory order. If, without the consent of the claimant, the court decides 
pursuant to subsection (3)(d) that the case shall not be heard by small claims procedure, the 
claimant may aband on the case without relinquishing the claim and without liability for the 
opposite party’s costs.  
 
Section 10 -2 Preparation of the case  
(1) Sections 9 -2, 9-3 and 9 -6 to 9 -8 apply correspondingly.  
(2) The court shall through contact with the parties and by providing necessary guidance pursuant 
to section 11 -5 pay particular attention to quickly clarifying whether further steps should be taken 
during the preparation stage and whether there may be a basis for an amicable settlement.  
(3) At least one week b efore the court hearing pursuant to section 10 -3, the parties shall give 
notice of evidence and submit documentary evidence that has not previously been notified or 
submitted. Within the same time limit, the parties may submit written submissions if specia l 
grounds so suggest.   
 36  
Section 10 -3 Oral final hearing  
(1) The court shall summons the parties to a court hearing for the finalisation of the case. If 
desirable out of regard for the litigation costs, the court can consent to the parties agreeing that 
the procedure shall be in writing instead.  
(2) The court hearing can be held in the form of a distance meeting. In the summons to the 
meeting, the court shall provide necessary information on the conduct of the hearing and can fix 
time limits for the hearing . The hearing shall not exceed one day unless particularly strong reasons 
exist.  
(3) If requested within one week after the court received the reply and the proper conduct of the 
case makes it desirable, the court shall sit with two expert lay judges. Sect ions 9 -12(3) first and 
second sentence apply correspondingly.  
(4) The court hearings shall be oral. Section 9 -14(2) first to fifth sentence applies correspondingly. 
Subject to the provisions of subsection (5), evidence shall be presented directly to the co urt. 
(5) At the opening of the court hearing, the court shall control that the circumstances are 
conducive to the proceedings being conducted in an appropriate manner. Section 9 -15 applies 
correspondingly, but the court may simplify the proceedings to achi eve the required focus. 
Evidence shall be reviewed and presented only to the extent required based on a balance of 
considerations to proper and cost -effective proceedings. Written submissions, if any, shall form 
part of the basis for the decision.  
(6) Dist ance examination may take place unless the court finds it necessary to receive the 
testimony directly at the court hearing. Sections 21 -10 and 21 -11(1)(a) and (c) do not apply.  
(7) Section 9 -17 and 16 -4 apply correspondingly.  
 
Section 10 -4 Judgement  
(1) If the case is not concluded in another way, it shall be concluded by judgement within three 
months after the writ of summons was submitted.  
(2) In cases that are heard orally, judgement shall be passed at the end of the court hearing if the 
judge finds re ason to do so. Otherwise, judgement shall be passed within one week after the 
parties have been informed that the case is closed for judgement.  
(3) Judgement may be passed at the end of the court hearing even though only the conclusion of 
the judgment has  been put in writing. In that case, the judge shall give an oral account of the main 
points in the grounds for the judgement. Judgement shall be put in writing within one week and 
communicated to the parties.  
(4) The judgement shall briefly state what the  case is about, cite the parties’ prayers for relief and 
give an account of the factors to which the court has attached decisive weight. Section 9 -16(4) and 
(5) shall not apply.  
 
Section 10 -5 Costs  
(1) Compensation for costs may only be granted for the fo llowing items:  
a) the expenses of the party for travelling to the court hearing,  
b) court fees,  
c) presentation of evidence which is not deemed unnecessary or disproportionate, and  
d) legal assistance and expert lay judges.   
 37 (2) Disregarding value adde d tax, compensation for costs pursuant to subsection 1(d) is limited to 
20 percent of the amount in dispute, but always up to NOK 2 500 and never more than NOK 25 
000. Value added tax on compensation for costs pursuant to the first sentence of this subsect ion 
may also be reimbursed unless the legal circumstances in the case arise principally out of a 
business of the party that is liable to pay value added tax.  
(3) A party who has clearly either brought or resisted an action for no good reason may be ordered  
to pay the opposite party’s costs without the limitations in subsections (1) and (2). The same 
applies to costs that a party has inflicted upon the opposite party by negligent conduct.  
(4) Subsections (1) and (2) do not apply to costs relating to an appe al.  
 
Section 10 -6 Appeal  
The judgement can be appealed pursuant to the provisions on judgements in general procedure. 
The appeal may be determined pursuant to section 29 -12(2).  
 
Part IV – General provisions  
Chapter 11. The basis for the court’s rulings,  guidance and management of the case  
Section 11 -1 The basis for the court’s rulings  
(1) Rulings following a main hearing, an appeal hearing, a final hearing in small claims procedure 
and section 9 -5(4) shall be made on the basis of the proceedings at the  court hearing. Written 
submissions shall form part of the basis for the decision only to the extent provided by statute.  
(2) Other rulings shall be made on the basis of the case documents and the proceedings at the 
court hearings.  
(3) The court cannot b ase its ruling on facts in respect of which the parties have not had the 
opportunity to comment. In that case, the court shall give the parties guidance pursuant to section 
11-5 and if necessary proceed with the case pursuant to section 9 -17(2).  
 
Section 11-2 The court’s position with regard to the procedural steps of the parties  
(1) The court may only rule on the claims that are made in the case. The ruling must fall within the 
scope of the parties’ prayers for relief and the court may only base its ruli ng on the grounds for the 
prayers for relief that have been invoked. The grounds for the prayers for relief are the material 
facts upon which a party bases its prayer for relief.  
(2) The parties have the primary responsibility for presenting evidence. The court can take care of 
the presentation of evidence if the parties do not object. The court is not bound by the parties’ 
arguments with regard to questions of evidence.  
 
Section 11 -3 The court’s responsibility to apply the law  
The court shall on its own m otion apply current law within the scope of section 11 -2(1). In 
accordance with section 1 -1, the court shall ensure that there is a satisfactory basis upon which to 
apply the law. If the application of law cannot otherwise be clarified in a fully satisfact ory manner, 
the court may decide that evidence of the law shall be presented, or it may allow the parties to 
present such evidence. The court shall determine the scope of the presentation of evidence and the 
manner in which it shall be carried out. Stateme nts on the law occasioned by the case may only be 
submitted as evidence with the consent of all parties.  
 
Section 11 -4 Exception when the right of disposition of the parties is limited   
 38 In cases relating to matters of personal status and legal capacity, t he legal status of children 
pursuant to the Children’s Act, administrative decisions on coercive measures pursuant to Chapter 
36 and other cases where public policy limits the parties' rights of disposition in the legal action, 
the court is only bound by t he parties’ procedural steps to the extent that these are compatible 
with public policy. However, the court may only rule on the claims that are made in the case.  
 
Section 11 -5 The court's duty to give guidance  
(1) The court shall give the parties such g uidance on procedural rules and routines and other 
formalities as is necessary to enable them to safeguard their interests in the case. The court shall 
seek to prevent errors and shall give such guidance as is necessary to enable errors to be rectified. 
Section 16 -5 applies to the right to rectify errors.  
(2) The court shall, in accordance with subsections (3) to (7), give guidance that contributes to a 
correct ruling in the case based on the facts and the applicable rules.  
(3) The court shall endeavour to  clarify disputed issues and ensure that the parties’ prayers for 
relief and their positions regarding factual and legal issues are clarified.  
(4) The court may encourage a party to take a position on factual and legal issues that appear to 
be important t o the case.  
(5) The court may encourage a party to offer evidence.  
(6) The court shall during the proceedings show particular consideration for the need for guidance 
of parties not represented by counsel.  
(7) The court shall provide its guidance in a man ner that is not liable to impair confidence in its 
impartiality. The court shall not advise the parties on the position they should take on disputed 
issues in the case or on procedural steps they should take.  
 
Section 11 -6 The duty of the court to take an  active part in the management of a case  
(1) The court shall prepare a plan for dealing with the case and follow up on it in order to bring the 
case to a conclusion in an efficient and sound manner.  
(2) The court may set time limits for procedural steps pursuant to the provisions of the Courts of 
Justice Act section 140 and chapter 8, and otherwise make such rulings as are necessary to hear 
the case.  
(3) In each case, a preparatory judge shall be responsible for managing the case.  
(4) At court hearings and deliberations where the court sits with more than one judge, the 
presiding judge shall manage the hearing or deliberation in his capacity as judge in charge of the 
proceedings pursuant to the Courts of Justice Act section 123.  
 
Section 11 -7 Remedies i n the event of poor case management  
(1) The president of the court shall ensure compliance with the duty to take an active part in the 
management of the case pursuant to section 11 -6 and shall make such orders as are necessary to 
rectify deficiencies thro ugh neglected or delayed management of the case. A party may demand 
the president of the court’s intervention.  
(2) In case of material neglect of duties pursuant to section 11 -6, the president of the court shall 
transfer the case to another judge or take over the case himself if this is necessary for the proper 
conduct of the remaining proceedings.  
(3) The decision of the president of the court may be appealed. The appeal court has the same 
powers as the president of the court pursuant to subsection (1) a nd (2) to determine the 
management of the case and may also refer the case to another court.   
 39 (4) If the president of the court is the preparatory judge or is incompetent to act for other reasons, 
an application pursuant to subsection (1) shall be ruled on  by the immediately superior court. The 
same applies on application of a party if the president of the court has not made a ruling within one 
month after an application pursuant to subsection (1) was submitted. The rules on appeal against a 
decision pursua nt to subsection (3) apply correspondingly.  
 
Chapter 12. Pleadings  
Section 12 -1 General provisions on pleadings  
(1) The parties’ submissions to the court regarding the action that are made outside court hearings 
shall be made in the form of pleadings. T he provisions of this Chapter apply correspondingly to 
interveners and to submissions pursuant to sections 15 -8 and 30 -13. 
(2) Parties who are not represented by counsel may submit the writ of summons, reply, notice of 
appeal, application for reinstatement  and application for reopening orally by appearing in court in 
person. The court may permit other counsel than advocates to take such oral procedural steps. The 
court shall put the procedural step into a pleading. If appearance in court in person is not 
practicable or would be unreasonably onerous or expensive, the court may permit the oral 
communication to take place by distance examination. Section 21 -10(2) applies correspondingly.  
 
Section 12 -2 The form of pleadings  
(1) Pleadings shall state  
- the nam e of the court,  
- the court reference number for the case,  
- the names of the parties,  
- the names of counsel for the parties, and  
- the exhibits enclosed, and whether reserved access is requested pursuant to section 14 -4.  
(2) Pleadings shall be signe d.  
(3) Pleadings shall serve to clarify the issues in dispute and to explain the parties’ views on the 
hearing of the case.  
(4) Pleadings shall be formulated and dispatched in a manner that ensures orderliness in the 
communications between the court and the parties.  
 
Section 12 -3 Filing pleadings  
(1) Pleadings and exhibits shall be delivered to the court.  
(2) Between parties who are represented by advocates, pleadings and exhibits shall be sent 
directly to the opposite party at the same time as they are  sent to the court.  
(2) Where pleadings and exhibits are delivered as hardcopies, they shall be delivered in a sufficient 
number of copies for the court to be able to keep one.  
 
Section 12 -4 Service of pleadings  
The court shall ensure that pleadings to institute legal proceedings, to add new claims to the case 
or to contest a legal ruling are served on the opposite party.  
  
 40 Chapter 13. Court hearings and court records  
I. Court hearings  
Section 13 -1 Court hearings and distance meetings  
(1) The parties'  submissions to and communications with the court shall take place at court 
hearings if they are not made in pleadings.  
(2) A distance meeting is a meeting at which not all participants are present in person, but 
participate using remote communication tec hnology.  
(3) Court hearings may in whole or in part be held as distance meetings when  
a) specifically provided, or  
b) the parties consent to the court hearing being held as a distance meeting.  
(4) The King may issue more detailed regulations on distanc e meetings.  
 
Section 13 -2 Summoning parties to court hearings  
(1) The court shall serve a summons to a court hearing on all parties who are under a duty to 
attend in person. The same applies if non -attendance by a party would be deemed to be absence. 
The court shall notify the parties of other court hearings by such method as it deems fit.  
(2) A party who is represented by counsel who is an advocate shall be summonsed through the 
advocate. A party who is not represented by an advocate shall be summonsed d irectly by the 
court. At least two weeks’ notice shall be given unless there are special grounds for giving shorter 
notice.  
(3) A party who is under a duty to attend in person shall be summonsed directly by the court even 
if he is represented by an advoca te. A party who is summonsed pursuant to subsection (2) may be 
ordered to attend in person upon notice applicable to witnesses pursuant to section 13 -3(2).  
(4) The summons shall state the case and the purpose of the court hearing, and give the party 
such details as are necessary to comply with the duty to attend. The summons shall include brief 
details of any provisions on compensation for attendance and on the liability for non -attendance.  
 
Section 13 -3 Summons of witnesses and experts to court hearings  
(1) Advocates shall ensure that witnesses called by their party are summonsed unless the court 
decides otherwise. The court may order a party or his counsel who is not an advocate to arrange 
the summons. In all other cases, the court shall summons the wit nesses. In that case, the 
summons shall be served.  
(2) If possible, witnesses shall be given one week's notice. The notice period may be reduced to 
one day if necessary to ensure that the case is processed swiftly or if arrangements are made to 
examine th e witness without him having to neglect important tasks. Witnesses who are in the 
vicinity of the court premises or a location where a distance examination may take place are 
obliged to appear at once if this is possible without insignificant inconvenience  to the witness.  
(3) The summons shall contain the same information as a summons to parties pursuant to section 
13-2(4). In addition, section 24 -3(2) applies to summonses to witnesses who can refuse to testify.  
(4) Experts who are to testify at a court h earing pursuant to section 25 -5(2) shall be served with a 
summons by the court with a suitable period of notice.  
 
Section 13 -4 Lawful absence  
(1) A person shall be deemed to be lawfully absent from a court hearing if illness or other obstacle 
beyond his control make it impossible or disproportionately onerous for him to attend. A person  
 41 who has not been lawfully summonsed and who was unaware of the court hearing through no fault 
of his own shall also be deemed to be lawfully absent unless the summons was effected by public 
announcement pursuant to the Courts of Justice Act section 181.  
(2) A party shall not be deemed to be lawfully absent for reasons mentioned in subsection (1), first 
sentence if he is represented by counsel or ought to have instructed co unsel in time, and his 
attendance in person is not necessary to enlighten the case.  
(3) A party shall also be deemed to be lawfully absent if his counsel is prevented from attending for 
reasons mentioned in subsection (1), first sentence and instructions ought not to have been 
transferred to someone else in time.  
(4) A person who is lawfully absent from a court hearing shall immediately inform the court 
accordingly.  
 
II. Court records  
Section 13 -5 Keeping of court records  
A court record shall be kept a t court hearings in accordance with section 13 -6. Testimony shall be 
recorded in the court record to the extent provided by sections 13 -7 to 13 -9.  
 
Section 13 -6 The content of the court record  
(1) The court record shall state  
a) the name of the court, t he time and place of the hearing, the names of the judges and the 
parties, the court reference number for the case and the subject of the hearing,  
b) whether the parties attend in person, the names of their representatives and the names of 
witnesses and e xperts,  
c) the parties’ prayers for relief,  
d) the evidence that has been examined,  
e) applications for and objections to procedural matters, and  
e) judicial rulings and orders unless these are issued in separate documents.  
(2) The proceedings shall be  recorded as they unfold. A party who makes an offer of settlement 
may demand that the offer be recorded in the court record.  
(3) Recording may be made by reference to previous court records or to appended documents. If a 
party is represented by counsel, the court can require the prayers for relief and applications that 
are made to be drawn up so that they can be appended to the court record.  
(4) The court record shall be signed by the presiding judge and the keeper of the record.  
 
Section 13 -7 Electronic  recording of party and witness testimony at the main hearing  
(1) The testimony of parties and witnesses at the main hearing shall be recorded electronically.  
(2) Electronic recording can be omitted if  
a) the case is heard pursuant to the provisions of C hapter 10,  
b) the court does not have necessary recording equipment available, or  
c) the testimony is entered in the court record, cf. section 13 -8.  
(3) The person to be examined shall be given notice that his testimony will be recorded.   
 42 (4) The parties are entitled to borrow the recordings to the same extent as they have a right of 
access to other procedural materials of the court. A person whose testimony has been recorded has 
the same right.  
(5) If a transcript of the recording is to be made, the cour t can arrange this itself or leave it to the 
parties.  
(6) The recording shall be filed together with the case. The King may issue more detailed 
regulations on electronic recording.  
 
Section 13 -8 Entering testimony given at the main hearing in the court r ecord  
(1) At the main hearing or the appeal hearing before the district court or the court of appeal, the 
court may decide that the main points in the testimony of the parties and witnesses shall be 
entered in the court record. The court shall, in particu lar, consider the progress of the case and 
whether the use of resources is proportionate to the benefit to be gained at a subsequent review of 
the case.  
(2) The court shall decide whether the testimony shall be entered in the court record while the 
testimo ny is being given or after the main hearing. The entry shall be as detailed as the court finds 
necessary.  
(3) The testimony as entered shall be sent to the parties to the action no later than at the same 
time as the ruling is made after the main hearing.  
 
Section 13 -9 Party and witness testimony outside the main hearing  
(1) If the parties, witnesses or experts give testimony outside the main hearing in order to secure 
evidence, the testimony shall either be recorded electronically in accordance with sect ion 13 -7, or 
entered in the court record and then read aloud for confirmation.  
(2) Testimony from parties, witnesses and experts in other cases shall be entered in the court 
record to the extent the court finds this necessary.  
 
Chapter 14. Right of access  and inspection  
Section 14 -1 The parties’ right of access  
(1) The parties are entitled to access to pleadings, court records, judicial rulings and other 
documents relating to the case at the court and may require hard or electronic copies.  
(2) The right  of access does not apply to the internal documents of the court.  
(3) A person who by virtue of his own legal position has a justifiable need for access to documents 
has the same right of access and inspection as that of the parties to the action.  
 
Section 14 -2 The public’s right of access  
(1) The public is entitled to access to court records, records of judicial mediation, judicial rulings 
and statements of costs pursuant to section 20 -5. 
(2) In cases that are not heard entirely in writing, the public i s also entitled to access to the 
following documents:  
a) written closing submissions pursuant to section 9 -10,  
b) submissions pursuant to section 9 -9(2) to (4), section 15 -8(2), section 29 -16(3) to (5), section 
30-10 (2) and (4), and section 30 -13(2),  
c) evidence that is invoked at an oral hearing or in submissions referred to in (b) above,   
 43 d) supporting documents pursuant to section 9 -14(2).  
(3) Subsection (2) applies correspondingly if a ruling is made on the merits or on costs in a case 
that is heard e ntirely in writing.  
 
Section 14 -3 Exceptions to the public’s right of access to court records and judicial rulings  
(1) The right of access to judicial rulings shall only apply to the extent that there is no prohibition 
against publication. If publication  is prohibited, the public shall have access to the conclusion of the 
ruling if the ruling is not more than five years old. The public is entitled to access to the court 
record unless it was made at a court hearing in camera, or publication of the recorded  proceedings 
or the court record is prohibited.  
(2) Access may be restricted to the conclusion of the judgement if it would be inadvisable to allow 
inspection or provide transcripts in the interests of national security or relations with a foreign 
State, o r if there is reason to fear that the information will be used in an unlawful manner. The 
same applies if the court has imposed an order of secrecy.  
 
Section 14 -4 Exceptions to the public’s right of access to other case documents  
(1) The right of access to documents relating to the case shall not apply to  
a) cases pursuant to the Marriage Act,  
b) cases pursuant to the Children’s Act,  
c) cases between common law partners or former common law partners concerning division or 
allotment of assets, and  
d) cases pursuant to Chapter 36 of this Act.  
The court can grant access in whole or in part if special grounds exist.  
(2) The court can refuse access to documents relating to the case if  
a) regard for the relations of the State with a foreign State so requi re,  
b) interests of privacy or concerns of a strictly personal nature so require,  
c) there are special reasons to fear that access will impede the clarification of the case and refusal 
of access is therefore required, or  
d) in times of war, the interest s of military operations or the safety of military forces or other 
special reasons so require.  
If, notwithstanding, access is granted, the court may by interlocutory order prohibit publication in 
whole or in part.  
(3) The court shall refuse access to evid ence that the parties can require is presented in camera 
pursuant to Chapter 22 relating to  
a) trade or business secrets,  
b) information of importance to national security or relations with a foreign State,  
c) issues subject to a statutory duty of confid entiality,  
d) court proceedings in respect of which an order of secrecy has been imposed, or  
e) confidences imparted to persons in certain occupations.  
(4)The court may only grant access to psychiatric reports to the extent prescribed by the King in 
regulations.   
 44  
Section 14 -5 The time for the public’s right of access  
(1) The right of access arises as the documents are received by the court. However, an application 
for access evidence cannot be made before the evidence is invoked in a manner referred to in 
section 14 -2(2)(c). If a case is heard entirely in writing, the right of access to any of the 
documents shall not arise before the case is ruled on in the current instance.  
(2) If a party has claimed exemption from the right of access, the court may de cide that a ruling on 
the access issue shall be postponed, but not beyond the pronouncement of the judgement or 
interlocutory order that concludes the case. If in doubt, the court should normally postpone the 
access issue until the oral hearing. After a pi ece of evidence has been presented in open court, the 
court can no longer postpone its ruling on the right of access pursuant to this provision.  
 
Section 14 -6 Procedure in disputes on the right of access  
(1) When an application for access is made, the co urt shall decide whether access shall be refused  
a) if a party objects to access;  
b) if persons other than the parties to the case may be protected by a duty or right of 
confidentiality.  
(2) The right of access shall be determined for each single documen t or part thereof.  
(3) A ruling to refuse access pursuant to sections 14 -3 and 14 -4(2) to (4) shall be made by 
interlocutory order. A ruling to refuse access pursuant to section 14 -4(1) shall be made in the form 
of a decision. If the ruling is appealed, a ccess shall not be granted until the appeal has been 
determined.  
 
Section 14 -7 Regulations on access  
The King may issue regulations on the implementation of the right of access pursuant to this 
Chapter.  
 
Chapter 15. Joinder of claims and actions. Interve ntion  
Section 15 -1 Multiple claims  
(1) The claimant may in one and the same action bring several claims against the same defendant, 
if  
a) the claims fall under Norwegian jurisdiction,  
b) the court is the correct venue for one of the claims, and  
c) each  of the claims may be heard by the court with the same composition and principally 
pursuant to the same procedural rules. Multiple claims may be raised in the same action 
notwithstanding that the court due to the processing of one of the claims shall sit w ith lay judges 
or more than one professional judge. If, in these circumstances, the action is split pursuant to 
section 16 -1, the court shall only sit with lay judges or more than one professional judge when 
dealing with the claims in respect of which this  is specially justified.  
(2) The defendant may bring counterclaims against the claimant if the conditions in subsections 
(1)(a) and (c) are fulfilled.  
(3) Section 9 -16 shall also apply if amendments pursuant to subsections (1) and (2) are made 
after the completion of the preparatory stage.   
 45 (4) If the court refuses to hear a claim in the case and the claim falls within Norwegian jurisdiction, 
it shall be heard as a separate action upon application by the party within a time limit determined 
by the court. Section 4 -7 applies correspondingly.  
(5) Sections 29 -4 and 30 -7 apply to the inclusion of new claims before the appellate courts.  
 
Section 15 -2 Several parties as claimants or defendants  
(1) Several parties may act as claimants or defendants in one acti on if  
a) the conditions in section 15 -1(1)(a) to (c) are fulfilled, and  
b) no party objects, or the claims are so closely connected that they should be heard in the same 
action.  
(2) During the course of the action, one or more parties may bring into the  action claims against 
third parties provided that the conditions in sections 15 -1(1)(a) and (c) and 15 -2(1)(b) are 
fulfilled.  
(3) The court may disallow a party to bring a claim against a third party into the action pursuant to 
subsection (2) if it would  considerably delay or complicate the processing of claims that have 
already been brought. After the preparatory stage has been completed, section 9 -16 shall also 
apply correspondingly.  
(4) Section 15 -1(4) applies correspondingly.  
(5) This provision shal l not apply to the appellate court. However, the acquirer of the asset to 
which the action relates may be joined into the appeal case.  
 
Section 15 -3 Joinder of third parties  
(1) A third party may be joined as a party to the proceedings if  
a) the conditi ons in section 15 -1(1)(a) and (c) are fulfilled, and  
b) the third party intends to submit an independent prayer for relief concerning the subject matter 
of the dispute in the action, or to submit a claim that is so closely connected to the original claim 
that it ought to be heard in the action.  
(2) Section 15 -2(3) to (5) apply correspondingly.  
 
Section 15 -4 Method of bringing new claims into the action and amending the parties  
Amendments shall be made in pleadings or at a court hearing. If an amendment is made in a 
pleading, the pleading in so far as it relates to the amendment shall fulfil the requirements for a 
writ of summons, cf. section 9 -2. The court shall then decide whether a reply to the amendment 
shall be required. If a reply is required, the p rovisions on reply and incomplete or deficient reply 
apply.  
 
Section 15 -5 The relationship between several parties on the same side  
(1) Several parties on the same side in a legal action shall be regarded as independent parties in 
relation to the opposit e party. Evidence presented by one party shall be deemed to be evidence in 
respect of all parties.  
(2) If the same judgement must be passed for all parties, procedural steps taken by one party shall 
be deemed to be for the benefit of the other parties on the same side even if they are contrary to 
procedural steps taken by such other parties.  
  
 46 Section 15 -6 Consolidation of cases for joint hearing  
Actions that raise similar issues and that shall be heard by a court with the same composition and 
principally pursuant to the same procedural rules may be consolidated for joint hearing and joint 
ruling. Section 4 -7(2) applies.  
 
Section 15 -7 Third party intervention  
(1) Intervention shall be permitted by  
a) a person who by virtue of his own legal status has a r eal interest in one of the parties winning, 
and  
b) associations, foundations and public bodies charged with promoting specific interests in cases 
that fall within the purpose and normal scope of the organisation pursuant to section 1 -4.  
(2) Third party i ntervention shall be declared in pleadings or at a court hearing before the case is 
ruled on by a final and enforceable judgement. The declaration shall state the grounds for the 
intervention. The declaration shall be notified to the parties together with a time limit for 
contesting the intervention. If the intervention is contested, the issue of the right to intervene shall 
be determined by interlocutory order. An interlocutory order that allows intervention cannot be 
appealed. The ruling is only binding i n the proceedings in the current instance. A person who has 
declared intervention may exercise procedural rights pursuant to subsections (3) and (4) until an 
interlocutory order disallowing intervention has been passed.  
(3) The intervener shall join the a ction as it is at the time of joinder. The intervener may take 
procedural steps for the benefit of the party who is to benefit from the support. Such procedural 
steps shall not be contrary to those of the party.  
(4) If the intervention is based on subsect ion (1)(b), the procedural rights of the intervener shall 
be limited to safeguarding the interests of the organisation or body in the issues raised in the 
action. The intervener cannot claim remedies against the ruling on the claim that is made in the 
action.  
 
Section 15 -8 Written submission to throw light on public interests  
(1) Written submissions to throw light on matters of public interest that are at stake in a case may 
be submitted by  
a) organisations and associations within the purpose and normal sc ope of the organisation, or  
b) a public body within its area of responsibility.  
(2) The submission shall be made in a pleading. The court can reject the submission by 
interlocutory order if the submission due to its form, scope or content is ill suited to  throw light on 
the public interests in the case. If the submission is not rejected, it shall form part of the basis for 
the decision and shall be distributed to the parties.  
 
Section 15 -9 Third -party notice  
(1) If it is important to a party to give warni ng to a third party about the action, he may notify 
such third party in a pleading, which shall be served on the third party. The pleading shall contain 
the necessary details about the action and the reason for the notice.  
(2) If it is important to a thir d party who has been notified pursuant to subsection (1) to give 
warning to another third -party, he may also give notice pursuant to subsection (1).  
 
Chapter 16 Managing the progress of the case. Special remedies   
 47 I Splitting  
Section 16 -1 Splitting the pro ceedings and the adjudication  
(1) The court may decide that the proceedings in respect of one or some of the claims in the 
action, or in respect of one or more of the points in dispute in a claim, shall be heard separately.  
(2) The court may rule separat ely on one or more of the claims in the action or on part of a claim. 
The ruling on a claim for compensatory damages or other claim in respect of which the scope is in 
dispute may be split so that determination of the scope is postponed. If the court is un animous or 
the parties consent, the court may also rule separately on  
a) grounds for a prayer for relief that do not lead to the determination of a claim, and  
b) which country’s law a claim shall be determined pursuant to.  
(3) If a claim is ruled on separ ately and the opposite party has made a counterclaim that is not 
ruled on at the same time, the ruling cannot be enforced unless the court so decides. The court 
may make enforcement conditional upon the provision of security.  
 
II Relisting and deferral  
Section 16 -2 Rescheduling or adjournment of court hearings due to absence  
(1) A party who will have lawful absence from a court hearing may demand that such hearing be 
rescheduled.  
(2) If a party is absent from a court hearing, and there is reason to belie ve that he is lawfully 
absent, the court hearing shall be adjourned until the reason for his absence has been clarified. If 
there is no reason to believe that he is lawfully absent, the case shall be ruled on by interlocutory 
order or judgement pursuant to  sections 16 -9 or 16 -10. If the conditions for such ruling are not 
fulfilled and the case cannot be tried on its merits in the absence of the party, the court hearing 
shall be rescheduled.  
 
Section 16 -3 Rescheduling in other cases  
(1) The court may resche dule court hearings if this is necessary to ensure the proper conduct of 
the case or if other weighty reasons so suggest. In deciding whether to reschedule a hearing, the 
court shall have regard to the need for swift, sound and cost -effective proceedings.  
(2) To the extent possible, the court shall fix a new date and time for the rescheduled hearing.  
 
Section 16 -4 Adjournment at the main hearing  
(1) If it is necessary to adjourn the case at the main hearing, the court shall rule on the further 
proceedings  in the case to ensure that the proceedings are delayed as little as possible.  
(2) At the court hearing after the adjournment, the proceedings from the main hearing shall be 
repeated to the extent necessary to ensure a proper basis for the decision.  
 
III O missions and judgement in default  
Section 16 -5 Deficient procedural steps  
(1) If a procedural step suffers from a deficiency that can be rectified, the court shall fix a time 
limit for rectification and shall provide necessary guidance and information on  the consequences of 
failure to rectify.  
(2) A party who can be strongly reproached for a deficiency shall only be allowed to rectify it if 
weighty reasons so suggest.   
 48 (3) If a procedural step is rectified, it shall be deemed to be correct as of the time  it was originally 
taken.  
(4) A procedural step that still does not fulfil the necessary conditions for it to be taken shall be 
summarily dismissed or rejected unless the reason for the deficiency is a circumstance for which 
the opposite party ought to be ar the risk.  
 
Section 16 -6 Omitted procedural steps  
(1) Where a procedural step has not been taken in time and the omission constitutes unlawful 
absence pursuant to sections 16 -7 or 16 -8, the party may by way of reinstatement pursuant to the 
provisions i n sections 16 -12 to 16 -14 be allowed to take such procedural step and continue the 
action in the same position as before the omission.  
(2) If the court has reason to believe that the omission is due to lawful absence, the party shall be 
given an opportuni ty to apply for reinstatement before a ruling is made pursuant to sections 16 -9 
or 16 -10.  
(3) Even if an omission does not constitute lawful absence, the court may by interlocutory order 
disallow the procedural step if a court hearing would have to be adj ourned or the case would be 
significantly delayed. Section 9 -16 applies to amendments to the case after the preparatory stage 
has been completed.  
 
Section 16 -7 Exceeding time limits and time limit orders  
(1) A party shall be deemed to be unlawfully absen t in the case if he exceeds the time limit for  
a) payment of the court fee and necessary ancillary expenses pursuant to the Court Fees Act,  
b) provision of security pursuant to section 20 -11,  
c) submission of a written reply in a legal action pursuant to  section 9 -3,  
d) submission of a notice of appeal or other remedy, and  
e) submission of the first submission in a written appeal pursuant to sections 29 -16(5) and 30 -
10(4).  
(2) If a party has failed to take any other procedural step which is of material  importance to the 
opposite party or necessary for the proper conduct of the case, the court may issue an order 
against such party stating that failure to take such procedural step within a specified final time limit 
shall constitute unlawful absence in th e case. If the procedural step is to be taken upon request of 
the opposite party, an order shall only be issued on application from such party.  
(3) If the duty to take the procedural step is contested, a time limit order shall not be issued until 
the duty  has become binding.  
(4) The time limit order shall be served on the party who is subject to the time limit, and shall also 
be notified to a party who is represented by counsel.  
 
Section 16 -8 Failure to attend court hearings  
(1) A party shall be deemed to be unlawfully absent in the case if he fails to attend  
a) a court hearing for the finalisation of the case, and  
b) a court hearing for an oral reply pursuant to section 9 -5(1).  
(2) The court may in respect of other court hearings decide that failure to attend shall constitute 
unlawful absence in the case if it is particularly important that the parties attend.   
 49 (3) Failure to attend by a party who is under a duty to attend in person shall constitute unlawful 
absence in the case even though his counsel  attends.  
(4) Subsections (1) to (3) apply correspondingly if a party  
a) leaves the hearing without permission of the court,  
b) refuses to discuss the subject matter of the hearing,  
c) is banned from addressing the court or expelled pursuant to the Cou rts of Justice Act section 
133, or  
d) attends without counsel in contravention of an order pursuant to section 3 -2.  
 
Section 16 -9 Summary dismissal in case of unlawful absence  
(1) The court shall summarily dismiss the case if the claimant is unlawfully absent and the court 
does not grant reinstatement. Nor can a new action may be brought in respect of the claim if the 
absence is due to a reason other than the reasons stated in section 16 -7(1)(a) or (b).  
(2) Summary dismissal due to absence for any other  reason than the reasons stated in section 16 -
7(1)(d) shall require that the claimant has been made aware of the consequences.  
(3) Subsections (1) and (2) apply correspondingly in case of absence of the appellant or other 
person who has applied for appeal .  
 
Section 16 -10 Judgement in default  
(1) If the defendant is unlawfully absent and the court does not grant reinstatement, the court may 
rule on the case by judgement in default. The court cannot pass judgement in default in cases 
where for reasons of p ublic interest the right of disposition of the defendant in the case is limited, 
cf. section 11 -4.  
(2) Judgement in default shall be passed upon application of the claimant if the court can find in 
favour of the claimant in full or in the main. The judgem ent shall be based on the grounds for the 
claimant's prayer for relief pursuant to section 11 -2 provided that these have been notified to the 
defendant and do not appear to be clearly incorrect. Section 16 -9(2) applies correspondingly to the 
defendant.  
(3) A ruling that summarily dismisses or rejects an application for judgement in default shall be 
made by interlocutory order.  
(4) Subsections (1) to (3) apply correspondingly to absence by the respondent on appeal or 
absence by other person against whom th e claim is directed.  
 
Section 16 -11 Remedies against rulings pursuant to sections 16 -9 and 16 -10  
(1) An interlocutory order that grants summary dismissal or judgement in default may be 
challenged by way of an application for reinstatement.  
(2) If, at th e same time, the court has dismissed an application for reinstatement, the ruling may 
be appealed instead with a prayer for reinstatement pursuant to section 16 -12. The appeal shall be 
heard pursuant to the provisions on appeals against interlocutory order s.  
(3) A ruling on costs can be appealed separately pursuant to section 20 -9(3).  
 
Section 16 -12 The conditions for reinstatement  
(1) Reinstatement shall be granted to a party who was lawfully absent pursuant to subsection (2) 
and cannot be reproached fo r having failed to apply in time for an extension of the time limit or to  
 50 have the court hearing rescheduled. If the case has been ruled on pursuant to sections 16 -9 or 16 -
10, reinstatement shall also be granted if such ruling should not have been made.  
(2) A party shall be deemed to be lawfully absent if he exceeds a time limit due to reasons outside 
his control that make it impossible or disproportionately onerous to take the procedural step in 
time. Section 13 -4 applies to lawful absence from court hear ings.  
(3) In other cases, reinstatement may be granted if it would be unreasonable to refuse the party 
the right to have the case heard because of the omission. In making its decision, the court shall 
have particular regard to the nature of the omission, the party’s interest in taking the procedural 
step and the interests of the opposite party.  
 
Section 16 -13 The time limit for applying for reinstatement  
(1) An application for reinstatement can be made before the court has pronounced an interlocutory 
order for summary dismissal pursuant to section 16 -9 or judgement in default pursuant to section 
16-10, or as a remedy against the ruling pursuant to section 16 -11.  
(2) The time limit for applying for reinstatement is one month.  
(3) If there is no ruling pu rsuant to sections 16 -9 or 16 -10, the time limit shall run from the date of 
the omission.  
(4) If the court has made a ruling pursuant to sections 16 -9 or 16 -10, the time limit shall run from 
the date of service of the ruling. If this time limit is exceede d, reinstatement can be granted 
pursuant to the provisions in this Chapter.  
 
Section 16 -14 Dealing with an application for reinstatement  
(1) An application for reinstatement shall be determined by the court that will hear the case if the 
application is s uccessful. The application shall be substantiated and shall otherwise be heard 
pursuant to the provisions on appeals against interlocutory orders to the extent that these are 
appropriate. At the same time, the omitted procedural step shall be taken, if pos sible.  
(2) An appeal may only be brought against an interlocutory order that grants reinstatement on the 
grounds of error in the application of law or error in procedure.  
 
IV Stay of proceedings  
Section 16 -15 The consequences of a stay of proceedings  
(1) A stay of proceedings shall suspend the proceedings temporarily and time limits shall cease to 
run. Procedural steps may only be taken with the consent of the court.  
(2) A stay of proceedings shall not preclude the court from ruling on claims in respect  of which 
proceedings have been concluded before the stay of proceedings.  
(3) A stay of proceedings shall apply to the entire case unless the court limits the stay to the 
claims to which the grounds for the stay relate in accordance with section 16 -1 on sp litting of the 
case. 
(4) The consequences of a stay of proceedings shall cease when the court has made a ruling to 
resume proceedings.  
 
Section 16 -16 Stay of proceedings pursuant to statute  
(1) The case shall be stayed with effect from such time as  
a) the operations of the court are interrupted by a state of war or other reasons,   
 51 b) a party or party representative dies, or  
c) the estate of the claimant is declared bankrupt and the subject matter of the dispute forms part 
of the bankrupt estate.  
(2) A c ase that has been stayed pursuant to subsection (1)(a) shall be resumed by the court when 
the court resumes operations. A case that has been stayed pursuant to subsection (1)(b) or (c), 
shall be resumed by the court on application from the relevant person or the opposite party.  
 
Section 16 -17 Stay of proceedings by agreement  
(1) The parties may once during the hearing of the case agree to a stay of proceedings for a 
minimum of six months. Such agreement shall take effect when it is received by the court.  
(2) The case shall be resumed by the court on application from a party.  
 
Section 16 -18 Stay of proceedings for other reasons  
(1) The court may on application from a party stay the proceedings in a case if the outcome of the 
case is wholly or in part dep endent on a legal issue that will be bindingly resolved in another case.  
(2) The court may stay the proceedings in a case for other weighty reasons. The court shall have 
regard to the need for swift, sound and cost -effective proceedings.  
(3) A ruling to stay proceedings pursuant to subsections (1) and (2) shall be made by interlocutory 
order. The stay of proceedings shall take effect when the interlocutory order has been pronounced.  
(4) The court shall resume the case when the proceedings can continue.  
 
Section 16 -19 Quashing a stayed case  
A case that can be resumed on application shall be quashed when it has been stayed for two years.  
 
Chapter 17. Valuation  
Section 17 -1 Cases in which the value shall be determined  
(1) The court shall on its own moti on determine the value of the subject matter of the action when 
such value is relevant to the jurisdiction of the court or the hearing of the case.  
(2) In cases concerning asset claims, the value shall be determined pursuant to the provisions in 
sections 1 7-2 to 17 -5.  
(3) The rules on valuation do not apply if the case from the point of view of the claimant or the 
appellant concerns non -economic interests.  
 
Section 17 -2 The basis for the valuation  
(1) The value shall be fixed at the value of the claim to  the claimant at the time the claim is made. 
In determining whether the conciliation board has jurisdiction pursuant to section 6 -10(2) or 
whether the cases shall be heard pursuant to the small claims procedure in section 10 -1(2), a 
deduction shall be made  for that part of the claim that is acknowledged in the reply. On appeal, the 
value shall be fixed at the difference in value between the outcome in the lower instance and the 
appellant’s claim at the time when the appeal is lodged.  
(2) If the prayer for r elief is not for a sum of money, the claimant shall, to assist the court, 
estimate the value of the subject matter of the action in monetary terms in the writ of summons. 
On appeal, the same applies to the appellant.   
 52 (3) The estimated value is not binding  on the court.  
(4) The court can decide to procure evidence as to the value.  
 
Section 17 -3 What the valuation shall include  
(1) Several claims against the same or several defendants in the same case shall be cumulated for 
the purpose of valuation. Claim s and counterclaims shall not be cumulated.  
(2) Interest accrued before the claim was made in the case shall only be included in the valuation if 
the claim for interest is specifically contested. Interest and costs accrued after the date that is the 
basis for the valuation pursuant to section 17 -2(1) shall not be included.  
  
Section 17 -4 Special calculations rules  
(1) Payments that run indeterminably shall be valued at ten times the annual amount of such 
payments. Payments that are to be made a specific n umber of times shall be valued by multiplying 
the amount of each payment by the number of times it is to be made, but not at more than ten 
times the amount of the annual payments. If the amount of the payments varies, the valuation 
shall be based on the pa yments for the year immediately preceding the institution of legal 
proceedings.  
(2) In cases relating to liens or other real security, the valuation shall be based on the amount of 
the debt. If the secured amount is less than the amount of the debt or if the security is worth less 
than the debt, the valuation shall be based only on the secured amount.  
 
Section 17 -5 Setting aside a valuation  
(1) The court’s valuation of the subject matter of the action can be set aside on appeal if it is 
contrary to the pr ovisions of this Chapter. The court’s determination of the factual basis for the 
valuation or its discretionary assessment of the same can only be set aside if it is obviously 
incorrect and must have resulted in a valuation that is significantly too high o r too low.  
(2) A judgement cannot be appealed on the grounds of error in the valuation of the subject matter 
of the action pursuant to this Chapter.  
 
Chapter 18. The consequences of legal action etc.  
Section 18 -1 Legal actions that preclude the institutio n of a new action (lis pendens)  
The court shall summarily dismiss a new legal action that is brought between the same parties to a 
claim that is already the subject matter of a dispute in a pending case. This also applies to legal 
actions before foreign c ourts if the ruling of the foreign court will be final and enforceable in 
Norway pursuant to section 19 -16.  
 
Section 18 -2 The time at which the preclusion arises and ceases  
(1) The institution of a legal action shall preclude a new legal action pursuant to section 18 -1 when 
an application for conciliation proceedings is received by the conciliation board or a writ of 
summons is received by the court. The same applies to claims that are joined in pleadings pursuant 
to section 15 -4. Claims that are made at a court hearing shall preclude a new legal action when the 
claim is made. Where an application is made to adjudicate a civil claim in criminal proceedings 
pursuant to Chapter 29 of the Criminal Procedure Act, the claim shall preclude a new legal action 
when the application is received by the prosecuting authority or the court.  
(2) The consequences of the institution of a legal action pursuant to section 18 -1 shall cease when 
the case is ruled on by a final and enforceable judgement.   
 53 (3) Notwithstanding th at it is provided in statute or provision pursuant to statute that proceedings 
before a tribunal shall preclude legal action before the courts, legal action may be brought if the 
tribunal has not determined the case within six months through no fault of th e claimant. In that 
case, the proceedings before the tribunal shall be discontinued.  
 
Section 18 -3 The time at which other consequences of the institution of legal action arise and cease  
(1) The consequences of bringing a legal action that follow from ot her legislation arise when the 
pleading that institutes the action or joins the claim has been sent, so that the time limit pursuant 
to the Courts of Justice Act section 146 or section 146a is interrupted. For claims that are made at 
a court hearing, such consequences arise when the claim is made.  
(2) When a limitation period is interrupted by an application for conciliation proceedings, such 
interruption shall cease to have effect if a writ of summons or, where appropriate, an application 
for conciliation  proceedings, is not submitted to the court within one year after the conciliation 
board has discontinued its dealing with the case.  
(3) If the legal action is summarily dismissed or otherwise concluded without judgement, and the 
claimant is not significa ntly to be reproached for this, the consequences pursuant to subsection (1) 
shall remain in force if the claim is brought in a new legal action within three months after the 
interlocutory order was served on the claimant. Reinstatement cannot be granted if  the three -
month time limit is exceeded.  
 
Section 18 -4 Voluntary waiver of legal action  
(1) After a claim in the case has been served on the opposite party or made at a court hearing, it 
shall be deemed to be waived if it is withdrawn before the court ha s ruled on it. The opposite party 
may require a judicial ruling pursuant to section 9 -7.  
(2) The claim may be withdrawn without being waived if the opposite party  
a) agrees to this,  
b) has not submitted a reply, or  
c) has applied for the claim to be su mmarily dismissed.  
(3) In proceedings before the conciliation board, the claim may always be withdrawn without being 
waived until it has been ruled on by the conciliation board.  
(4) A new action in respect of the claim cannot be brought until costs award ed to the opposite 
party have been paid.  
 
Chapter 19. Judicial rulings and in -court settlements  
I. Form and procedure  
Section 19 -1 Judgements, interlocutory orders and decisions  
(1) Rulings on the following shall be made by way of judgement:  
a) claims t hat are the subject matter of the action,  
b) disputes mentioned in section 16 -1(2)(3), or  
c) appeals against judgements.  
(2) The following rulings shall be made by interlocutory order:  
a) rulings to summarily dismiss a case on the grounds that the cond itions for hearing the case are 
not fulfilled, or to allow a case to be heard following separate proceedings to determine an 
application for summary dismissal,   
 54 b) rulings to dismiss a case which for other reasons than those mentioned in a) has not been 
determined on its merits,  
c) rulings on appeals against interlocutory orders or decisions,  
d) rulings on disputes relating to evidence, and  
e) rulings which pursuant to statute shall be made by interlocutory order.  
(3) The following rulings shall be made by way of decision:  
a) rulings on procedural issues that are not required by statute to be made by interlocutory order, 
and  
b) rulings granting leave or refusing leave to appeal.  
(4) The fact that a ruling is made in an incorrect form shall have no impa ct on its legal effect or on 
the right of review. An appeal shall be heard in accordance with the provisions pertaining to the 
type of ruling that the court should have made.  
 
Section 19 -2 The composition of the court. The authority of the preparatory jud ge  
(1) A ruling that is made on the basis of a court hearing shall be made by the judges who have 
participated at the hearing.  
(2) A ruling on procedural matters during the preparatory stage of the case shall be made by the 
preparatory judge. If the prep aratory judge is prevented from making the ruling promptly, the 
ruling may be made by the president of the court or by another judge appointed by the president 
of the court. The preparatory judge in cases before the Supreme Court may refer the decision to 
the Appeals Committee of the Supreme Court.  
(3) In appeal cases, the preparatory judge cannot make a ruling:  
a) to summarily dismiss the appeal, or to allow the appeal to be heard where this issue is in 
dispute,  
b) to quash the appeal or the case where t his issue is in dispute,  
c) to set aside the appealed ruling, or  
d) to grant leave or refuse leave to appeal.  
 
Section 19 -3 Deliberation and voting  
(1) In cases that are heard at an oral hearing before courts sitting with more than one judge, 
deliberati ons should take place with all of the judges present as soon as possible after the oral 
hearing. If lay judges participate, deliberations shall always take place and cannot take place in a 
distance meeting.  
(2) In all cases, a judge can demand final delib erations. Lay judges shall be made aware of this 
right.  
(3) Each claim or procedural legal controversy to be determined shall be voted on separately. If 
there is more than one grounds for summarily dismissing, quashing or staying a case, for setting 
aside an appealed ruling or for applying for reinstatement or reopening, each grounds shall be 
voted on separately. A judge who is outvoted on a procedural issue shall take part in the 
subsequent deliberations in the case.  
(4) Each ruling shall be made by majo rity vote unless otherwise provided by statute. In the event 
of a tie vote, the presiding judge shall have a casting vote. If there is no majority for any outcome 
when a sum of money or other quantity is to be determined, the votes in favour of higher amou nts 
or quantities shall be added to the votes in favour of the closest amounts or quantities until a 
majority has been reached.   
 55  
Section 19 -4 Pronouncement  
(1) A judicial ruling shall be binding on the court when it is pronounced.  
(2) The ruling shall b e deemed to be pronounced in writing when it is signed by all of the members 
of the court. The presiding judge, or a professional judge nominated by the presiding judge, shall 
be the last member of the court to sign the ruling.  
(3) The ruling shall be dee med to be pronounced orally when it is read aloud at a court hearing. 
The court may summons the parties to a separate court hearing for the purpose of pronouncing the 
ruling orally.  
(4) If a case is heard at an oral hearing before the Supreme Court, the r uling shall be made in an 
oral vote. The ruling shall be deemed to be pronounced when the presiding judge, as the last 
judge, has voted.  
(5) The ruling shall be pronounced within four weeks after the main hearing or appeal hearing is 
closed. If the case i s heard by a single judge, the time limit shall be two weeks. If the case is so 
demanding that it is not possible to meet the deadline, the ruling may be pronounced later. The 
ruling shall state the reason for any delay in pronouncement. If the case is hea rd at an oral 
hearing, the court shall at the close of the hearing advise the parties when they can expect the 
ruling to be pronounced.  
 
Section 19 -5 Notification of the ruling  
(1) Judgements, interlocutory orders and decisions that conclude the case sha ll be served on the 
parties and any interveners. Other decisions shall be notified to them. A person who has made a 
written submission pursuant to sections 15 -8 or 30 -13 shall be notified of the decision that 
concludes the case.  
(2) Rulings that are prono unced orally shall be deemed to have been served on the parties that 
have been summonsed. Where a ruling is served by being read aloud to the parties present at a 
court hearing, the court may give an oral account of the main points in the reasoning for the  ruling 
instead of reading them aloud. The written ruling shall be delivered to the parties no later than one 
day after it is pronounced.  
 
II The content of the ruling  
Section 19 -6 Form and reasons  
(1) The rulings of the court shall state the name of the  court, the time when and the place where 
the ruling was pronounced, the members of the court, the parties and the court reference number 
for the case.  
(2) The ruling shall be in writing and be signed by the members of the court. In cases that are 
heard p ursuant to the small claims procedure, judgement can be pronounced pursuant to the rules 
in section 10 -4(3).  
(3) The ruling shall state whether it is unanimous. If there are dissenting votes, the ruling shall 
state who is in dissent and the issues to whic h the dissent relates.  
(4) Grounds shall be given for judgements and interlocutory orders. The grounds shall include:  
a) a presentation of the case,  
b) the parties’ prayers for relief and the grounds upon which the prayers are based, and  
c) the assessm ent of the court.  
(5) The description of the case and the grounds upon which the prayers for relief are based shall 
contain a brief account of the legal issue that is the subject matter of the action, the background to  
 56 the case and the parties’ legal and factual arguments to the extent necessary to explain the ruling. 
The court shall thereafter give an account of its assessment of the evidence and the application of 
law upon which the ruling is based. Superior courts may in whole or in part base their desc ription 
of the grounds on the descriptions given in the rulings of the lower courts.  
(6) In Supreme Court rulings that are pronounced by oral vote, grounds shall be described through 
the votes cast by the justices.  
(7) Judgements and interlocutory orders  shall contain a conclusion that accurately states the 
outcome of the ruling that is made.  
 
Section 19 -7 Time limits for performance  
(1) If the ruling can be enforced when it is pronounced, the court shall fix a time limit for 
performance of the obligati on. The time limit shall be a fixed day or a fixed period of time, which 
shall run from the date of service. The time limit for monetary obligations shall be two weeks 
unless the claim falls due and payable at a later date.  
(2) Otherwise, if the time limi t for seeking a remedy does not leave sufficient time to comply with 
the order, the court shall fix a time limit to run from the date when the ruling becomes final and 
enforceable.  
(3) If an obligation is contingent, the court shall decide which condition  must be fulfilled before the 
ruling can be enforced.  
 
III Rectification, supplementary judgement and reversal  
Section 19 -8 Rectification of errors  
(1) The court may rectify a ruling which due to spelling or arithmetic errors, misunderstandings, 
oversig hts or other obvious errors has been formulated in a way that does not reflect the intention 
of the court.  
(2) The court shall hear any application for rectification that is submitted before the ruling becomes 
final and enforceable. The rectification deci sion shall as far as possible be made by the judge who 
made the ruling. If the court sat with more than one member, the presiding judge may determine 
the issue if there is no doubt as to how the rectification shall be done.  
(3) A rectification decision sh all be added to the ruling so that it shows what has been rectified. 
Section 19 -5(1) applies correspondingly.  
(4) Rectification of a ruling or an application for rectification shall not affect the time limit for 
appeal.  
 
Section 19 -9 Supplementary ruling   
(1) If no ruling was made on an issue that should have been ruled on, a supplementary ruling may 
be made upon application before the time limit for appeal. Section 19 -8(2), second and third 
sentence, and subsection (3), apply correspondingly.  
(2) When a n application for a supplementary ruling is submitted, the time limit for appeal shall be 
suspended. A new time limit for appeal shall begin to run if a supplementary ruling is made. If the 
application is dismissed, the time limit for appeal shall continue  to run.  
 
Section 19 -10 Reversal  
(1) Decisions and interlocutory orders of a procedural nature may be reversed by the court that 
pronounced them if reversal is justified by the purpose of the Act and reversal is not 
disproportionately onerous for a party  who has acted in reliance on the ruling. Rulings made during  
 57 the preparatory stage of the case shall not be binding at the main hearing or other court hearing at 
which the case is determined.  
(2) An interlocutory order passed by an appellate court on iss ues related to the hearing of the case 
before a lower court shall not be binding at a subsequent ruling on the same issue by the appellate 
court.  
(3) A ruling by a superior court may only be reversed if important new information has emerged.  
(4) The cour t may reverse on its own motion or upon application by a party. The court shall only 
process an application for reversal if it finds cause to do so. A ruling not to reverse shall be made in 
the form of a decision, also if the underlying ruling is an interl ocutory order.  
 
IV In -court settlements  
Section 19 -11 Entering into an in -court settlement  
(1) In -court settlements shall be recorded in the court record.  
(2) The in -court settlement shall be signed by the parties and the members of the court.  
(3) The court shall ensure that the settlement states precisely what the parties have agreed, and 
that the settlement is not contrary to considerations of public policy that limit the parties' right of 
disposition in the legal action, cf. section 11 -4. If the sett lement is to be enforceable, the court 
shall ensure that a time limit for performance is fixed. Before entering into the in -court settlement, 
the parties shall be informed of its effect, cf. section 11 -5(1).  
(4) If the settlement does not include provisio ns on the allocation of costs, the court shall at the 
request of the parties determine such allocation at its discretion.  
 
Section 19 -12 Effects of in -court settlements. Power to set aside in -court settlements  
(1) In -court settlements shall have legal ef fect pursuant to section 19 -15.  
(2) In -court settlements may be declared invalid or amended by judgement pursuant to the rules 
for invalidity and amendment of contracts.  
(3) An action pursuant to subsection (2) shall be brought before the district court.  The claim with 
which the settlement is concerned may be brought into the action for adjudication pursuant to the 
provisions of section 15 -4.  
(4) An action must be brought within six months of the date when the party became aware or 
ought to have obtained  knowledge of the alleged grounds for invalidity. The court may grant 
reinstatement pursuant to the provisions of Chapter 16 III if the time limit is exceeded. An action 
for invalidity of an in -court settlement based on circumstances that prevailed at the time it was 
entered into cannot be brought more than ten years after it was entered into.  
 
IV. Enforceability and legal force  
Section 19 -13 Enforcement  
(1) Judicial rulings that order a person to perform, refrain from or tolerate something can be 
enforc ed pursuant to the provisions of the Enforcement of Claims Act.  
(2) A ruling that orders a third party to the action to give testimony or an affirmation, disclose 
evidence or serve as an expert cannot be enforced until the ruling is final and enforceable.   
(3) If an enforceable ruling is challenged by the exercise of a legal remedy, the court may on 
application decide that enforcement of the ruling shall be suspended in whole or in part until the 
issue is determined. The court may decide that enforcement o r suspension of enforcement shall be 
conditional on the provision of security.   
 58 (4) A decision to suspend enforcement pursuant to subsection (3) shall be made by the court 
before which the case is being heard. The ruling may be reversed by a superior court  if the case is 
brought before a superior court.  
 
Section 19 -14 The time when a ruling becomes final and enforceable  
(1) A ruling shall become final and enforceable when it can no longer be challenged by the exercise 
of an ordinary legal remedy. The time  when a ruling becomes final and enforceable shall be 
determined separately for each individual claim that is processed in the same action.  
(2) Where a final and enforceable ruling is challenged by the exercise of a legal remedy, the court 
before which th e matter is brought can on application decide that legal force shall be temporarily 
suspended.  
 
Section 19 -15 The implications of a final and enforceable ruling  
(1) A final and enforceable ruling is binding on the parties. The ruling is also binding on t hird 
parties who would be bound by a corresponding agreement on the subject matter of the action due 
to their relationship with the party.  
(2) A final and enforceable ruling on a claim shall be recognised in any new action in which the 
court is required t o consider the claim in order to rule on the case, without being tried on its 
merits.  
(3) The court shall summarily dismiss any new action on a claim between the same parties that has 
been ruled on by a final and enforceable judgement, unless the claimant  due to a dispute on the 
binding effect of the ruling or other special circumstances still has a legal interest in the action 
pursuant to section 1 -3. 
(4) If within ten years a court or public body has made a final ruling that substantially changes the 
basis for a final and enforceable judgement, this may be pleaded in a new case on the same or 
other claims.  
 
Section 19 -16 The legal force of foreign rulings  
(1) Civil claims that have been determined in a foreign State by way of a final and enforceable 
ruling passed by its courts or administrative authorities or by way of arbitration or in -court 
settlement, shall be legal enforceable also in Norway to the extent provided by statute or 
agreement with such State.  
(2) Final and enforceable rulings on civil cla ims passed by a foreign court shall be final and 
enforceable in Norway if jurisdiction has been agreed pursuant to section 4 -6 for a specific legal 
action or for legal actions that arise out of a particular legal relationship.  
(3) Rulings referred to in s ubsections (1) and (2) shall not be recognised if such recognition would 
be contrary to mandatory laws or be offensive to the legal order.  
 
Chapter 20. Legal costs  
Section 20 -1 Scope  
(1) This Chapter applies to claims by the parties for compensation for  costs in legal proceedings. 
The Court Fees Act applies to the parties’ duty to pay fees to the state for procedural steps.  
(2) Compensation for legal costs pursuant to this Chapter can only be claimed when provided by 
law or agreed between the parties.  
(3) The provisions relating to parties apply correspondingly to interveners and in cases where the 
State appears in the case pursuant to section 30 -13.  
 59   
Section 20 -2 Award of costs to the successful party  
(1) A party who is successful in an action is enti tled to full compensation for his legal costs from 
the opposite party.  
(2) An action is successful if the court finds in favour of the party in the whole or in the main, or if 
the opposite party’s action is summarily dismissed or quashed because it is wai ved or because the 
courts do not having jurisdiction. If the action relates to several claims between the same parties, 
the overall outcome shall be decisive.  
(3) The court can exempt the opposite party from liability for legal costs in whole or in part i f the 
court finds that weighty grounds justify exemption. The court shall, in particular, have regard to  
a) whether there was justifiable cause to have the case heard because the case was uncertain or 
because the evidence was clarified only after the acti on was brought,  
b) whether the successful party can be reproached for bringing the action or whether he has 
rejected a reasonable offer of settlement, or  
c) whether the case is important to the welfare of the party and the relative strength of the parties  
justifies an exemption.  
 
Section 20 -3 Award of costs to a party who has succeeded to a significant degree  
A party who has not won the case but has succeeded to a significant degree, cf. section 20 -2, may 
be awarded legal costs from the opposite party in whole or in part if weighty reasons so suggest. In 
addition to the factors mentioned in section 20 -2(3), second sentence, the court shall have 
particular regard to the extent to which the court has found in favour of the party and the 
proportion of the leg al costs that relate to that part of the case.  
 
Section 20 -4 Costs irrespective of outcome  
A party may be awarded legal costs in whole or in part irrespective of the outcome of the case  
a) if the action has been brought without good reason and the party  accepts the claim at the 
earliest opportunity,  
b) if the action is quashed for reasons beyond the control of the party and there is no doubt that 
the party would otherwise have succeeded, or  
c) to the extent the costs have arisen due to the opposite par ty’s omission.  
 
Section 20 -5 Assessment of compensation for costs  
(1) Full compensation for costs shall cover all necessary costs incurred by the party in relation to 
the action, unless there is cause to exclude the costs pursuant to special provisions. I n assessing 
whether costs have been necessary, the court shall have regard to whether it was reasonable to 
incur them in view of the importance of the case. The party may claim reasonable compensation 
for his own work on the case if the work has been parti cularly extensive or would otherwise have 
had to be undertaken by counsel or other qualified assistant.  
(2) Before the conciliation board, compensation for costs can only be awarded within the scope of 
section 6 -13, and in actions processed pursuant to th e small claims procedure only within the 
scope of section 10 -5. Subsections (3) to (6) do not apply in actions before the conciliation board.  
(3) In cases that are ruled on following an oral hearing, a party who claims costs shall submit a 
statement of cos ts. The statement shall be submitted at the conclusion of the court hearing. If the 
amount of some items is unknown, the statement shall be supplemented within the time limit fixed 
by the court. Items of expenditure shall be specified so as to give the cou rt an adequate basis upon  
 60 which to make an assessment. Lawyers’ fees shall always state the amount and number of hours 
related to the following stages of the case:  
a) the period up to the submission of a writ of summons or reply, alternatively notice of ap peal and 
reply to notice of appeal,  
b) the period up to the start of the main hearing or oral finalisation of the case, alternatively the 
appeal hearing, and  
c) the period up to the conclusion of the case in the current instance.  
(4) In cases where no oral  hearing is held, the court cannot award compensation for costs in 
excess of NOK 15 000 unless a statement of costs is submitted pursuant to subsection (3).  
(5) The court shall also review items in the statement of costs that have been approved by the 
opposite party. If the court contemplates reducing the claim despite no objection having been 
raised by the opposite party, the parties shall be given an opportunity to comment.  
(6) No award of costs shall be made to a party who fails to submit a compulsory statement of costs 
pursuant to subsection (3).  
 
Section 20 -6 Actions with more than one party on the same side  
(1) If there is more than one party on the same side, the rights and duties as to costs in relation to 
the opposite party shall be assessed sepa rately for each such party.  
(2) If more than one party is ordered to pay costs, the court may decide that they shall be jointly 
liable for all or part of the amount. The court shall have regard, among other things, to the 
proximity between the claims in t he case and the prospects of the opposite party of obtaining 
payment. Upon application, the court shall allocate liability between jointly liable parties.  
 
Section 20 -7 Liability of party representatives for costs  
(1) Liability for costs lies with the par ty. If an action brought by an entity is summarily dismissed 
on account of incapacity to sue or be sued, liability shall lie with the person appointed as the legal 
representative of the entity.  
(2) A claim for compensation for costs against persons other than the opposite party pursuant to 
provisions outside this Chapter may be included in the action by way of joinder. Section 15 -2(3) 
and (4) apply if the claim is brought before the district court. If the claim is brought before the 
appellate court, the co urt may refuse to hear it if it would be more practicable to hear it in a 
separate action or if it would delay the case significantly.  
 
Section 20 -8 General provisions on awards of cost  
(1) Claims for costs shall be determined in respect of each court ins tance in the ruling that 
concludes the case before such instance.  
(2) The costs to be determined pursuant to subsection (1) shall include costs relating to rulings on 
other issues than the claim that is the subject matter of the action. If a separate appe al is brought 
against a ruling on such other issues, the costs relating to such other issues before all court 
instances shall be determined separately by the appellate court.  
(3) If the determination of costs is contingent upon the outcome of parts of the  action that have 
yet to be ruled on, the costs award shall be postponed until such ruling.  
  
Section 20 -9 Review of costs awards   
 61 (1) An appellate court may review an award of cost made by a lower court in the appeal action. 
Any limitations on the jurisdi ction of the appellate court shall also apply to such review.  
(2) The appellate court shall base its determination of claims for costs for lower courts on its own 
ruling in the case.  
(3) An award of costs that is not reviewed pursuant to subsection (1) m ay be appealed separately 
pursuant to the provisions on appeals against interlocutory orders. The appellate court may only 
review the application of law and the procedure in the case, and the inspection of evidence to the 
extent that it exclusively relates  to the costs award. The appellate court may make a new ruling on 
costs if it finds that there is sufficient information in the case to do so.  
 
Section 20 -10 Counsel’s preferential right to awarded costs  
Counsel shall, in relation to his party’s other cre ditors, have a preferential right in costs awarded to 
his party for his fees and disbursements. Counsel may require that the costs be paid directly to 
him. 
  
Section 20 -11 Provision of security for liability for costs  
(1) The defendant may demand that a c laimant who is not habitually resident in Norway shall 
provide security for his potential liability for costs in the current instance. Security cannot be 
required if it would violate an obligation in international law on equal treatment of parties resident  
abroad and parties resident in Norway, or if it would seem disproportionate in view of the nature of 
the case, the relationship between the parties and other circumstances.  
(2) Security pursuant to subsection (1) cannot be required by the defendant in a claim made 
pursuant to section 15 -1(2), in a derivative appeal pursuant to section 29 -7, or in cases where for 
reasons of public policy the right of disposition of the parties is limited.  
(3) A request for security must be submitted within the first time limit for the party to comment on 
the merits of the case in the relevant instance.  
(4) The court shall determine the amount in respect of which security shall be provided. The 
Enforcement of Claims Act section 3 -6(1) applies correspondingly with regard to  what can be 
accepted as security. If security is not provided within the time limit prescribed, the case shall be 
summarily dismissed, cf. section 16 -9(1). Security shall be discharged if there is no longer a basis 
for maintaining it.  
(5) A ruling on a r equest for security or discharge of security shall be made by interlocutory order. 
An appeal against an interlocutory order that orders security to be provided or discharged shall 
have suspensive effect.  
  
Section 20 -12 The State’s liability for costs  
(1) A party who has incurred costs as a result of an error by the court in its hearing of the case 
may claim compensation for its loss from the State, if the error  
a) must be given unconditional effect pursuant to section 29 -21(2)(b) or (d) because the part y was 
not lawfully summonsed, or  
b) is due to seriously reproachable conduct of the court.  
(2) If the party’s costs are incurred as a result of the error having had an impact on a ruling in the 
case, the conditions in the Courts of Justice Act section 20 0(3) must also be fulfilled.  
(3) A claim for compensation pursuant to subsection (1) must be submitted within three months 
after the case has been ruled on by a final and enforceable judgement. If a judgement has been 
passed in a criminal case pursuant to  the Courts of Justice Act section 200(3)(c), the time limit 
shall be calculated from the date on which the judgement becomes final and enforceable. An  
 62 application for reinstatement pursuant to Chapter 16 III may be made if the time limit is exceeded. 
The opposite party shall be the State represented by the Courts of Justice Administration.  
(4) The claim shall be made to the court before which the case is being heard or which made the 
ruling in the final instance. If it is alleged that the error was made i n that instance, the claim shall 
be made to the next superior court. The Supreme Court may refer the determination of the matter 
to the Appeals Committee of the Supreme Court. If the claim relates to an error committed by a 
conciliation board or district c ourt, the Supreme Court or the Appeals Committee may decide that 
the claim shall instead be determined by the court of appeal.  
(5) The provisions on appeals against interlocutory orders apply correspondingly to the processing 
of the claim as far as they a re appropriate. If the claim is made while the case is pending, it may 
be joined in the action if this is deemed expedient.  
 
Part V - Evidence  
Chapter 21. General provisions on evidence  
Section 21 -1 The scope of the evidence provisions  
The provisions on evidence apply to the factual basis for the ruling in the case.  
 
Section 21 -2 The evaluation of evidence  
(1) The court shall establish the facts upon which the case shall be determined based on a free 
evaluation of evidence.  
(2) The evaluation of eviden ce shall be based on facts that come to light in the proceedings that 
form the basis for the ruling. Evidence that is presented is common for all parties to the case or to 
all joined cases.  
(3) In its evaluation of evidence, the court may rely on facts th at are acknowledged by a party, 
established facts and the court’s general or specialist knowledge and experience, irrespective of 
whether such facts and knowledge have been addressed by the parties during the hearing. Section 
11-1(3) applies to the extent that such knowledge may be uncertain or in dispute.  
 
Section 21 -3 Right and duty to present evidence  
(1) The parties are entitled to present such evidence as they wish. Limitations on the right to 
present evidence are contained in sections 21 -7 and 21 -8, Chapter 22 and the other evidence 
provisions in this Act.  
(2) In cases where for reasons of public policy the right of disposition of the parties is limited, cf. 
section 11 -4, the court has a duty to ensure that the presentation of evidence provides a so und 
factual basis for the ruling. In other cases, the court may take charge of the presentation of 
evidence unless the parties object.  
 
Section 21 -4 The parties’ duties of truth and disclosure  
(1) The parties shall ensure that the factual basis of the ca se is properly and completely explained. 
They shall provide such accounts and present such evidence as is necessary to fulfil this duty, and 
they have a duty to give testimony and access to evidence in accordance with section 21 -5.  
(2) A party shall also disclose the existence of important evidence that is not in his possession and 
of which he has no reason to believe that the opposite party is aware. This applies irrespective of 
whether such evidence favours the case of the party itself or favours the opp osite party’s case.  
  
 63 Section 21 -5 General duty to testify and give evidence  
All persons are under a duty to testify on facts and to give access to objects etc. that may 
constitute evidence in legal proceedings, subject to the limitations in the rules on prohibited 
evidence and immunity in Chapter 22 and other provisions on evidence in this Act.  
  
Section 21 -6 Summary of evidence  
(1) The parties shall list the evidence that they wish to present in a summary of evidence to the 
court.  
(2) The party shall s tate what the evidence purports to establish and shall briefly explain important 
information that will be provided by way of the evidence to the extent that the party cannot expect 
the opposite party to be aware of it.  
 
Section 21 -7 General restrictions o n the right to present evidence  
(1) The parties may only present evidence on facts which may be of importance to the ruling to be 
made.  
(2) The court may disallow presentation of evidence that  
a) has not been clarified in accordance with section 21 -6(2),  
b) is not apt to appreciably improve the basis for the ruling, or  
c) the court finds necessary to have presented in a different manner.  
 
Section 21 -8 Restrictions on account of proportionality  
(1) The scale and scope of the presentation of evidence s hall be reasonably proportionate to the 
importance of the dispute. If the presentation of evidence that is notified to the court is 
disproportionate to the importance of the dispute, the court may limit the presentation of evidence 
to achieve the legislati ve intent as stated in section 1 -1, but within the scope of the restrictions in 
consequence of that purpose.  
(2) If the presentation of evidence can be limited in different ways, the party may choose between 
them.  
 
Section 21 -9 The presentation of eviden ce at oral hearings  
In cases that are heard orally, the evidence shall be presented directly to the adjudicating court 
subject to the exceptions in sections 21 -10 to 21 -12 and other provisions on evidence. Section 30 -
11(1) applies to the presentation of e vidence in cases that are heard orally before the Supreme 
Court.  
 
Section 21 -10 Distance examination  
(1) Parties, witnesses and experts may be examined before the adjudicating court by way of 
distance examination if direct examination is not practicable or would be particularly onerous or 
expensive. Distance examination should not take place if the testimony may be of particular 
importance or if it may be imprudent for other reasons. Distance examination may always take 
place if the expense or disadvantag es of direct testimony before the adjudicating court is 
considerable relative to the importance of the dispute to the parties. Experts who have made a 
written submission to the court may always be examined by way of distance examination unless it 
may be im prudent due to special circumstances.   
 64 (2) Distance examination shall be conducted by way of video examination. If equipment for video 
examination is not available, audio examination may be used provided that the conditions in 
subsection (1) are neverthele ss fulfilled. The court shall decide where the examination shall take 
place. The King may issue regulations with more detailed provisions on distance examination.  
 
Section 21 -11 Taking of evidence  
(1) Judicial examination of parties, witnesses and expert s and inspection of real evidence for use in 
the ruling of cases that are heard orally may be conducted in accordance with the rules on taking 
of evidence in Chapter 27, if  
a) it must be assumed that such evidence will be more reliable than it would be if  presented 
directly before the adjudicating court, and it will not incur disproportionate additional expenses,  
b) there is an obvious risk that it will not be possible to present the evidence directly before the 
adjudicating court, or  
c) direct presentat ion of the evidence before the adjudicating court will result in expenses or 
disadvantages which are disproportionate to the importance of the evidence or the case.  
(2) Evidence taken pursuant to subsection (1) may be presented at the oral hearing if the parties 
have had the opportunity to safeguard their interests or the conditions in section 21 -12 are 
fulfilled. Evidence that has been taken or secured in the same case on other grounds may be 
presented if none of the parties have requested direct presenta tion of the evidence before the 
adjudicating court or if the conditions in section 21 -12 are fulfilled.  
 
Section 21 -12 Written statements as evidence  
(1) Written declarations made for the purpose of the case by experts pursuant to section 25 -5 may 
be pre sented as evidence.  
(2) Written statements made for the purpose of the case by other persons may be presented as 
evidence if the parties agree or they have the opportunity to examine the person who has made 
the statement. The evidence shall not be present ed until it is confirmed that the person who made 
it will attend. If it is impossible to examine the person who made the statement, it may be 
presented as evidence unless it would be contrary to the legislative intent pursuant to section 1 -1. 
  
Section 21 -13 The presentation of evidence in cases that are heard in writing  
(1) In cases that are heard in writing, evidence shall be presented by way of documentation 
pursuant to section 26 -2.  
(2) If evidence cannot be presented before the adjudicating court, pa rties, witnesses and experts 
maybe examined and real evidence may be inspected for the purpose of ruling on the case in 
accordance with the rules on taking of evidence. Written statements may be used pursuant to the 
provisions of section 21 -12.  
 
Chapter 2 2. Prohibited and exempted evidence  
Section 22 -1 Prohibition against evidence of importance to national security or relations with a 
foreign State  
(1) Evidence cannot be presented about anything that is confidential for reasons of national 
security or re lations with a foreign State.  
(2) The King may consent to the presentation of such evidence.  
  
 65 Section 22 -2 Prohibition against evidence of discussions in government meetings  
Evidence cannot be presented of discussions held in government meetings.  
 
Section 22 -3 Prohibition against evidence subject to a statutory duty of confidentiality  
(1) Evidence cannot be presented if such presentation would breach a statutory duty of 
confidentiality for the person in possession of the evidence that is imposed on him as a 
consequence of his service or work for the State or a municipal authority, postal service, supplier 
or installer of telecommunication networks or services, technical regulatory body or the State 
airport company.  
(2) The Ministry may consent to the pr esentation of such evidence. Consent may only be refused if 
the presentation of evidence may be damaging to the State or public interests or be unreasonable 
to the person who is entitled to confidentiality.  
(3) After giving due consideration to the duty o f confidentiality and the need for clarification of the 
case, the court may by interlocutory order decide that the evidence shall be presented even though 
consent is refused, or that evidence shall not be presented even though the Ministry has 
consented. T he Ministry shall have the opportunity to present its views before the court makes its 
decision. The Ministry’s views shall be communicated to the parties.  
  
Section 22 -4 Prohibition against evidence of legal proceedings and judicial rulings  
(1) Evidence cannot be presented about the proceedings or about testimony that is subject to a 
duty of confidentiality imposed by a court pursuant to statute on the persons who were present. 
The person entitled to confidentiality may consent to the presentation of such  evidence.  
(2) Evidence cannot be presented if it contains information from judges or jury members about the 
basis for the rulings they have made.  
(4) Sections 7 -3(6) and 8 -6 apply to evidence about something that has emerged during out -of-
court or judici al mediation.  
 
Section 22 -5 Prohibition against and exemption from evidence for information confided to persons 
in certain occupations  
(1) Evidence cannot be presented about something that has been confided to clergymen in the 
state church, priests or pa stors in registered religious communities, advocates, defence counsel in 
criminal cases, conciliators in matrimonial cases, medical practitioners, psychologists, pharmacists, 
midwives or nurses in their professional capacity.  
(2) The court may exempt a pa rty or a witness from providing access to evidence about something 
that has been confided to him in the course of spiritual guidance, social welfare work, medical 
treatment, legal aid pursuant to the Courts of Justice Act section 218(2) or any similar acti vity, 
notwithstanding that the matter falls outside the scope of subsection (1).  
(3) The person entitled to confidentiality pursuant to this section may consent to the presentation 
of such evidence.  
 
Section 22 -6 Prohibition against evidence of character and credibility  
(1) Evidence cannot be presented about the character, sexual conduct or general credibility of a 
party or a witness. The court may nevertheless permit the presentation of evidence that is of 
material importance to the ruling and shall dete rmine the manner and extent of presentation.  
(2) Questions about a party’s or a witness’s criminal record shall as a general rule be put and 
answered in writing. The same procedure may be used for other questions about a party’s or a 
witness’s person or p rivate life.   
 66 (3) Written declarations about a party’s or a witness’s good or bad name and reputation are 
inadmissible.  
(4) Evidence cannot be presented about a party’s or a witness’s credibility if such evidence is based 
on the testing of physiological r eactions.  
 
Section 22 -7 Prohibition against improperly obtained evidence  
In special circumstances, the court may disallow evidence that has been obtained in an improper 
manner.  
 
Section 22 -8 Exemption for close relatives from giving evidence about infor mation given to them 
by the party  
(1) A party’s current or former spouse or cohabitant, relatives in a direct line of ascent or descent 
and siblings may refuse to provide access to evidence about information that has been given to 
them by the party.  
(2) The court may exempt a party’s fiancé, foster parents, foster children and foster siblings from 
the duty to provide evidence about matters referred to in subsection (1).  
 
Section 22 -9 Exemption from evidence for incriminating personal details  
(1) A party  or witness may refuse to provide access to evidence that may result in a penalty for  
a) himself or  
b) a relative referred to in section 22 -8(1) or such relative’s spouse or cohabitant,  
c) a current or former spouse or cohabitant and their relatives in a  direct line of ascent or descent 
or their siblings, or  
d) any person who is married to or cohabiting with any person referred to in item (b).  
(2) The court can order a party or a witness to provide evidence in circumstances referred to in 
subsection (1)  if it finds that it is reasonable based on a total assessment of the nature of the case, 
the importance of the evidence to the clarification of the case and the consequences of providing 
evidence for the party or the witness,  
(3) The court can exempt a p arty or witness from providing access to evidence if there is a risk of 
considerable material loss of any other kind for the party or the witness or his close relatives 
referred to in subsection (1) if, having regard to the nature of the case, the importan ce of the 
evidence to the clarification of the case and other circumstances, it would be unreasonable to order 
the party or witness to provide access to such evidence.  
(4) The court may exempt a party or witness from the duty to provide access to evidence  that 
relates to his fiancé, foster parents, foster children referred to in subsections (1) to (3).  
 
Section 22 -10 Exemption from evidence for trade or business secrets  
A party or witness may refuse to provide access to evidence that cannot be made avail able without 
revealing trade or business secrets. The court may nevertheless order such evidence to be made 
available if, after balancing the relevant interests, the court finds it necessary.  
 
Section 22 -11 Exemption from the duty to provide evidence for the mass media - protection of 
sources   
 67 (1) The editor of a printed publication may refuse to provide access to evidence about who is the 
author of an article or report in the publication or the source of any information contained in it. The 
same applies t o evidence about who is the source of other information that has been confided to 
the editor for use in his work. Other persons who have acquired knowledge of the author or the 
source through their work for the publishers, editors, press agency or printing  office in question 
have the same right as the editor.  
(2) If important public interests require that evidence referred to in subsection (1) is presented and 
it is of considerable importance to the clarification of the case, the court may nevertheless, ba sed 
on an overall assessment, order the evidence to be presented or the source to be revealed. If the 
author or source has discovered circumstances that it is in the public interest to publicise, such an 
order may only be made if it is particularly necessa ry for the name to be publicised.  
(3) The provisions in this section apply correspondingly to  
a) other persons who have acquired knowledge of the author or the source through their work for 
the publishers, editors, press agency or printing office in ques tion, and  
b) colleagues in broadcasting or other media undertaking that in the main has the same purpose as 
newspapers and broadcasting.  
 
Section 22 -12 Duty of confidentiality and hearings in camera  
(1) When evidence referred to in this Chapter is present ed with the consent of the person in 
question, the court shall impose a duty of confidentiality on the persons present unless the terms 
of the consent provide otherwise. If the court has imposed a duty of confidentiality, oral hearing of 
the evidence shall  be held in camera.  
(2) If evidence is presented pursuant to an order of the court, the court may impose a duty of 
confidentiality and decide that oral hearing of the evidence shall be held in camera. The same 
applies if the court has not granted an exemp tion from the duty to provide evidence pursuant to 
sections 22 -5(2), 22 -8(2) or 22 -9(3) and (4).  
 
Chapter 23. The obligations of the parties to attend and testify  
Section 23 -1 The obligation of the parties to attend  
(1) A party who is not lawfully absent  is obliged to attend in person at any court hearing to which 
he is summonsed pursuant to the provisions in section 13 -2. An obligation to attend in person shall 
be imposed on application from the opposite party or where the court finds it necessary that t he 
party attends. The court may on application from a party exempt him from attending if the 
conditions for distance examination are fulfilled or if the court does not find adequate grounds for 
the party’s attendance.  
(2) The party is obliged to remain in  attendance throughout the court hearing unless he is 
exempted by the court. The court may decide that a party who is exempted from attending shall 
make himself available to be contacted for the duration of the court hearing.  
(3) Section 24 -2 applies corr espondingly to a summonsed party who is deprived of his liberty and 
committed to an institution.  
(4) In cases where the court pursuant to section 21 -3(2) has a duty to ensure a sound factual 
basis for the ruling, it may, in accordance with section 24 -5, decide that a party who fails to attend 
without being lawfully absent shall be fetched to the court, and that a party who attends in an 
intoxicated state shall be detained in custody.  
 
Section 23 -2 Examination of parties  
(1) A party is obliged to testify i n person if required by another party or by the court. The 
testimony shall be given directly to the court if the party is present at the court hearing. Otherwise,  
 68 the testimony shall be given by distance examination pursuant to section 21 -10 or pursuant to  the 
rules on taking of evidence in section 21 -11.  
(2) A party shall first be examined by his counsel, then by other parties and thereafter by the 
court. A party who is not represented by counsel shall first be examined by the court. The court 
may alter t he sequence if this is deemed expedient. Otherwise, the provisions on examination of 
witnesses in sections 24 -4, 24 -7, 24 -8, 24 -9(2) to (5), 24 -10 and 24 -11 apply correspondingly to 
examination of parties.  
(3) The provisions on examination of witnesses ap ply correspondingly to the parties if they give 
testimony about claims in respect of which they are not parties.  
 
Chapter 24. Testimony  
Section 24 -1 Obligation to give evidence  
(1) Anyone who has information of relevance to the factual basis for the ruli ng on the case is 
obliged to attend as a witness at a court hearing following a summons pursuant to section 13 -3.  
(2) The witness duty applies to persons who are resident or staying in Norway and who are not 
lawfully absent pursuant to section 13 -4(1). Ac t of 21 March 1975 relating to witness duty in the 
Nordic countries applies to persons who are resident or staying in the other Nordic countries. 
Sections 24 -10 and 24 -11 apply to the witness duty of children, the mentally ill and the mentally 
handicapped.   
(3) The issue of whether the witness shall be summonsed to testify directly before the adjudicating 
court or by distance examination or the taking of evidence shall be determined pursuant to the 
provisions of sections 21 -10 and 21 -11.  
 
Section 24 -2 Witn ess duty for persons who are deprived of their liberty  
If a witness is deprived of his liberty and detained in an institution, the institution shall ensure that 
he attends in order to testify if possible. The institution shall notify the court immediately  if the 
testimony will have to be given in a different manner than assumed in the summons.  
 
Section 24 -3 Witness duty in case of prohibited and exempted evidence  
(1) A witness who is only called to testify on questions that, according to the information av ailable, 
cannot be answered without consent or an order of the court should not as a general rule be 
summonsed as long as consent has not been given or there is no reason to believe that the witness 
may be ordered to testify.  
(2) A summons to a witness wh o is entitled to refuse to testify about the issues that are being 
examined may include a notice that attendance is unnecessary if the witness is determined to 
refuse to testify. If the witness gives notice sufficiently far in advance of the court hearing that he 
will refuse to give evidence, the summons shall be withdrawn if the refusal is found to be justified.  
 
Section 24 -4 Obligation to prepare for testimony and to bring evidence  
(1) The court may order a witness to bring with him documents or other ev idence that the witness 
is obliged to produce.  
(2) Upon request, the witness is obliged to refresh his knowledge of the case, amongst other things 
by examining or studying evidence to which he has access, such as accounts, minutes of meetings 
etc., and if  necessary to prepare notes and bring objects to the court.  
  
Section 24 -5 Witnesses who fail to attend or who attend in an intoxicated state   
 69 The court may decide that a witness who fails to attend without being lawfully absent shall be 
fetched to the sam e or a subsequent court hearing, and that a witness who attends in an 
intoxicated state shall be detained in custody until he is sober.  
 
Section 24 -6 Individual examination - the right to attend the hearing  
(1) Witnesses shall be examined individually and  shall not attend the hearing until they have been 
examined unless both parties agree and the court finds the witness’s attendance unproblematic. 
Witnesses may be confronted with each other if their testimony so justifies.  
(2) A witness who assists or has  assisted a party extensively in the matter to which the case 
relates shall normally on application from the party be permitted to follow the hearing throughout. 
Section 25 -6(2) applies to expert witnesses.  
 
Section 24 -7 Order to leave the courtroom durin g witness testimony  
The court may decide that a party or other person shall leave the courtroom while a witness is 
being examined if there is special reason to fear that the witness would not otherwise give an 
unreserved testimony. The court shall ensure that questions that the party would have put to the 
witness are asked. After the examination, the court shall give an account of the testimony to an 
excluded party.  
 
Section 24 -8 Preliminaries to the examination of witnesses  
(1) The court shall ask the w itness his name, date of birth, occupation, address and relationship to 
the parties. The court can ask the witness about other circumstances that may be relevant to the 
assessment of his testimony.  
(2) Instead of his address, the witness may state his plac e of work, but the witness may then be 
ordered to state his address to the court. If there is danger that a witness or a person who is 
related to the witness as referred to in section 22 -8 may be exposed to a criminal act that 
threatens his life, health or  freedom, or to other substantial material loss, the president of the 
court may decide that information about his address or place of work shall be given to the court in 
writing.  
(3) If the court expects that a witness will have a limited duty to testify i n the case because of the 
rules on prohibited evidence and exempted evidence, the witness’s attention shall be draw to this 
fact. A witness who asserts that he is not entitled or obliged to testify shall substantiate the 
assertion. In the absence of other evidence, it is sufficient that the witness confirms the assertion 
under affirmation.  
(4) Before testimony is given, the court shall admonish the witness to give truthful and complete 
testimony and shall warn the witnesses of the liability consequent on g iving false testimony and 
affirmation. The court shall then ask the witness: «Do you affirm that you will tell the truth and 
whole truth and not conceal anything?» The witness shall stand and reply to this question: «I do so 
affirm upon my honour and consc ience».  
 
Section 24 -9 The examination of witnesses  
(1) The witness shall first be examined by the party that has summonsed him, then by other 
parties and thereafter by the court. The court shall start the examination of witnesses that it has 
summonsed on  its own motion, but may leave this to the parties. At the request of a party, the 
court shall examine witnesses on his behalf.  
(2) The witness shall give oral testimony. The witness should normally give a continuous account of 
all or certain parts of the  facts of the case before more detailed questions are asked.  
(3) The witness may use notes to aid his memory. The witness must state when, by whom and for 
what purpose the notes were prepared. In his testimony, the witness may refer to a written  
 70 statement  that is submitted pursuant to section 21 -12, but shall in addition answer questions from 
the parties and the court.  
(4) The court shall ensure that the examination is conducted in a manner that is conducive to 
bringing out clear and truthful testimony, a nd that is considerate to the witness. Questions that in 
their content or form suggest the desired answer shall not be asked unless they are asked to test 
the reliability of information that the witness has previously given or other special reasons so 
justify. Questions that are not pertinent to the case shall be rejected.  
(5) The court shall take over the examination if it is conducted in an unsatisfactory manner or 
other reasons so suggest.  
  
Section 24 -10 Child witnesses  
(1) If a request is made to exa mine a child below 12 years of age as a witness, the court shall 
decide whether examination shall take place after balancing the interest of the child against the 
need to clarify the case. The child shall only be summonsed if there is reason to believe tha t it can 
be examined.  
(2) If the witness is a child below 16 years of age, the court shall decide how the examination shall 
be conducted with due regard for the interests of the child and the proper clarification of the case. 
The child shall not give an a ffirmation.  
(3) The child’s guardian or other custodian shall be allowed to be present at the examination unless 
special reasons indicate otherwise.  
 
Section 24 -11 Seriously mentally ill and mentally handicapped witnesses  
Section 24 -10(1) to (3) applies c orrespondingly to the examination of a witness who is severely 
mentally ill or mentally handicapped.  
 
Chapter 25. Expert evidence  
Section 25 -1 Expert evidence  
Expert evidence is an expert assessment of factual issues in the case.  
 
Section 25 -2 The condi tions for appointing experts  
(1) The court may appoint an expert on application from a party or on its own motion pursuant to 
section 21 -3(2) where such appointment is necessary to establish a sound factual basis for the 
ruling in the case.  
(2) If the ca se can have consequences beyond the specific ruling for a party and the party for that 
reason wishes to call expert witnesses, the court may appoint experts if this is necessary to ensure 
balance between the parties in the presentation of evidence.  
 
Section 25 -3 Number of experts. Choice of experts. Expert panels  
(1) One expert shall be appointed. More than one expert may be appointed if justified by the 
nature of the expert issues, the importance of the case or other circumstances, provided that it 
shall not lead to undue expense or delay. The court may appoint additional experts to supplement 
those previously appointed.  
(2) Persons appointed as experts shall have the necessary skills and experience. If there is an 
appropriate permanent panel of experts,  experts shall be appointed from the panel unless it is 
desirable to appoint someone else. An expert who is nominated by both parties and who is willing 
to serve shall be appointed unless special reasons suggest otherwise.   
 71 (3) A person who would have been  incompetent to sit as a judge in the case shall not be appointed 
as expert. It is not an impediment to appointment that a person has served as an expert in the 
lower court.  
(4) The King may establish panels of experts for specific types of cases and panel s for assessing 
expert reports within specific areas of expertise.  
 
Section 25 -4 Terms of reference. Instructions  
The court shall determine the issues to be examined by the expert and shall give the necessary 
instructions. The court may order the parties  to prepare draft terms of reference for the experts.  
 
Section 25 -5 The expert report. Oral testimony  
(1) The expert shall submit a written report unless the court decides otherwise. Multiple experts 
may submit a joint report unless the court decides oth erwise. The court may decide that the expert 
shall submit a supplementary report.  
(2) The expert is obliged to attend a court hearing to give evidence following a summons from the 
court pursuant to section 13 -3(4). The expert shall be summonsed if justifi ed by the performance 
of his assignment or the clarification of the case. If a party requests a summons, the court shall 
generally consent.  
(3) An expert may attend the hearing and consult with other experts, and may ask questions to 
parties, witnesses an d other experts if necessary to perform his assignment as expert.  
(4) Before giving evidence to the court, the expert shall confirm by way of affirmation upon his 
honour and conscience that the expert assignment has been performed and will be performed 
conscientiously and to the best of his convictions. The examination shall in other respects be 
conducted in accordance with the provisions on examination of witnesses.  
 
Section 25 -6 Experts witnesses  
(1) A party may call witnesses to give expert testimony.   
(2) An expert witness may attend the hearing throughout and may be allowed to ask questions to 
parties, witnesses and experts. The examination shall in other respects be conducted in accordance 
with the provisions on examination of ordinary witnesses.  
 
Chapter 26: Real evidence  
Section 26 -1 Real evidence  
Real evidence is individuals and objects (real property, movable property, documents, 
electronically stored information etc.) where the person or object as such, or its properties, state or 
content, co ntains information that may be important to the factual basis for the ruling in the case.  
 
Section 26 -2 Presentation of documentary evidence  
Documentary evidence shall be presented by a review where the important aspects are pointed 
out. The review shall  not be more detailed than justified by the need for the proper presentation of 
evidence.  
 
Section 26 -3 Presentation of other types of real evidence   
 72 Other types of real evidence shall be presented by way of inspection by the adjudicating court, or 
by the  adjudicating court having it inspected pursuant to the provisions of Chapter 27.  
 
Section 26 -4 Individuals as evidence  
Individuals are obliged to make themselves available for inspection to the extent that this can be 
done without undue strain and is no t undignifying.  
 
Section 26 -5 Objects as evidence  
(1) All persons are obliged to make available as evidence objects that are in their possession or of 
which they can obtain possession.  
(2) In order to implement the obligation in subsection (1), the cour t may order the parties and 
other persons to answer questions about whether they are aware of items of evidence and to make 
necessary investigations in such respect. They may also be ordered to prepare comparisons, 
extracts or other reviews of information that may be gathered from items of evidence.  
(3) The court may refuse access to evidence pursuant to subsections (1) or (2) if such access 
would incur expenses that are not reasonably proportionate to the dispute and the potential value 
of the evidence, o r if the party himself has approximately the same possibility of obtaining access 
to such evidence. The court may make access to evidence conditional upon an advance of the 
expenses involved from the person having requested access.  
 
Section 26 -6 The appli cation for access to evidence  
(1) An application for access to or questions concerning real evidence shall be specified in such 
detail that it is clear to which item of evidence the application relates.  
(2) The court may relax the specification requireme nts if these are unreasonably complicated to 
comply with and there is a clear possibility that the application may give access to evidence.  
 
Section 26 -7 Disputes concerning access to evidence  
(1) In disputes concerning access to items of evidence, the c ourt may demand that the item be 
presented in order to determine whether it constitutes evidence.  
(2) If the application for access to evidence meets with an objection that the evidence is prohibited 
or exempted, the item of evidence cannot be presented u nless the court pursuant to a special 
statutory provision is empowered to decide that the evidence nonetheless shall be presented. If 
only part of the item of evidence is prohibited or exempted, the remainder shall be presented if 
possible. Section 24 -8(3) second and third sentence applies correspondingly.  
(3) The court shall determine in more detail and to the extent necessary how the evidence shall be 
made available, how it shall be stored and other issues of relevance to the presentation of such 
evidenc e. The evidence shall not be made known until the dispute about access has been resolved 
in a binding manner.  
 
Section 26 -8 Enforcement  
(1) If a person who is not a party refuses to comply with a final and enforceable interlocutory order 
on access to evi dence, the court may rule that such interlocutory order shall be enforced.  
(2) The same applies to a party in cases where the court has a duty to ensure a sound factual basis 
for ruling on the case, cf. section 21 -3(2). 
  
 73 Chapter 27. Taking of evidence wit hin a lawsuit  
Section 27 -1 Conditions for taking evidence  
(1) Evidence may be taken by way of judicial examination of parties, witnesses and experts and 
inspection of real evidence for use in ruling on the case to the extent provided in section 21 -11(1) 
in cases that are heard orally, and section 21 -13 in cases that are heard in writing.  
(2) Evidence may be taken for use in the preparatory stage of the case if it is particularly important 
to obtain access to the evidence at that stage.  
 
Section 27 -2 Petition for taking evidence. The ruling of the court  
(1) The court before which the case is being heard may decide that evidence shall be taken 
following a petition from a party or on its own motion in cases where pursuant to section 21 -3(2) 
the court has a  duty to ensure a sound factual basis for ruling on the case.  
(2) If it transpires that the taking of evidence is necessary, a petition shall be submitted as early as 
possible during the preparatory stage of the case. The reasons for the petition shall be  stated and 
the summary of evidence shall be clarified pursuant to section 21 -6(2). The court may disallow the 
taking of evidence pursuant to section 16 -6(3) if the petition is submitted out of time.  
(3) The evidence may be taken by the court before which  the case is being heard or by a different 
court by way of a letter of request pursuant to the Courts of Justice Act sections 44 to 51. If the 
evidence is to be taken by a different court, the letter of request shall contain the necessary details 
of the ca se and the issue to be clarified.  
(4) If expertise is necessary to inspect evidence, the court may appoint an expert pursuant to 
section 25 -2 and entrust the inspection to him.  
 
Section 27 -3 Taking evidence  
(1) Evidence shall be taken in accordance with  the general provisions that apply to the relevant 
type of evidence as far as they are appropriate.  
(2) The parties shall be notified of a judicial examination or judicial inspection of evidence, cf. 
section 13 -2(1). Evidence may be taken even though the parties are absent. A party who was not 
notified or who was lawfully absent may demand that evidence be taken anew. The parties shall be 
notified of an inspection of evidence by an expert and shall be given the opportunity to safeguard 
their interests to t he extent that this is compatible with the expert’s assignment.  
(3) Objections to the duty to testify or to provide access to real evidence and other disputes 
related to the taking of evidence shall as far as possible be determined by the court before whi ch 
the case is being heard. However, if this would cause undue delay or other inconvenience, the 
dispute may be determined by the court taking the evidence.  
(4) The court before which the case is being heard may refer the ruling of the court taking the 
evidence to the immediately superior court. If the case is being heard by a superior court, such 
court may reverse a ruling made pursuant to the first sentence.  
(5) If the taking of evidence is deficient, the parties may require that the deficiencies be rect ified 
by the court before which the case is being heard, if necessary by the evidence being taken anew. 
The court can rectify the deficiencies on its own motion.  
 
Section 27 -4 Direct examination and distance examination  
If the taking of evidence is deter mined pursuant to section 21 -11(1)(a), evidence shall be taken by 
way of direct examination before the court. In other cases, evidence may be taken by way of direct 
examination or distance examination pursuant to section 21 -10.  
  
 74 Section 27 -5 Inspection of  evidence  
(1) The person undertaking the inspection of evidence shall take such steps as are necessary to 
achieve the objective of the inspection.  
(2) Statements may be obtained from parties or witnesses. In that case, section 27 -4 second 
sentence applie s correspondingly. The court may decide that information for use in the inspection 
shall be obtained by way of judicial examination pursuant to section 27 -4.  
(3) The inspection may be extended to cover other issues than those under inspection where the 
court finds it appropriate and this can be done without significant disadvantage or expense.  
 
Section 27 -6 Reporting on the inspection  
(1) The person who has undertaken the inspection shall give an account of the inspection and its 
results in writing or by other suitable means. The account shall include an account of any 
statements obtained.  
(2) The court may obtain further information on the inspection.  
 
Section 27 -7 Taking of evidence outside the courts  
Evidence may be taken outside the courts by agreem ent between the parties.  
 
Chapter 28. Securing evidence outside a lawsuit  
Section 28 -1 Securing evidence  
Evidence may be secured outside a lawsuit by judicial examination of parties and witnesses and by 
providing access to and inspecting real evidence.  
 
Section 28 -2 Conditions for securing evidence  
Evidence may be secured if it can be significant in a dispute to which the person who presents the 
petition may become a party or intervener, and there is either a clear risk that the evidence will be 
lost o r considerably impaired, or there are other reasons why it is particularly important to obtain 
access to the evidence before a lawsuit is instigated.  
 
Section 28 -3 Petition to secure evidence. The ruling of the court  
(1) A petition to secure evidence sha ll be submitted to the court before which a lawsuit could have 
been brought. The petition may be submitted to a different court if it is obvious that the evidence 
ought to be secured by such court. If a petition to secure evidence has previously been submi tted 
in relation to the case, a new petition shall be submitted to the same court. Section 4 -7 applies 
correspondingly.  
(2) In addition to the person to whom the petition is directly addressed, the petition shall identify 
as opposite party the person agai nst whom any ensuing legal action is likely to be directed.  
(3) Evidence may be secured immediately if prompt action is necessary to secure the evidence. If 
possible, the opposite party shall be notified so that he can be represented. If notice cannot be 
given in time, the court shall as far as possible appoint a representative for the opposite party and 
shall as soon as possible inform the opposite party of the steps that have been taken.  
(4) If there is reason to fear that notice to the opposite party c ould obstruct the securing of 
evidence, the court may decide that the securing of evidence shall be heard before the opposite 
party is notified. Neither the opposite party nor the public shall be informed of the case before the 
evidence is secured or more than six months have elapsed since the case was closed. The  
 75 petitioner should not be allowed access to the evidence until the ruling is final if it may be 
important for the opposite party to prevent such access. Section 32 -8 applies correspondingly. The 
time limit for requesting an oral hearing is two weeks from the date when notice of the hearing was 
given.  
(5) The petitioner in subsection (4) shall compensate any loss that the opposite party has 
sustained as a result of the securing of evidence if it tran spires that the petitioner has no claim or 
right which the securing of evidence could serve to protect. The same applies if in a subsequent 
oral hearing it transpires that the petition to secure evidence pursuant to subsection (4) in other 
respects was unj ustified because false or misleading information on the need to secure evidence 
was given in the case either intentionally or negligently.  
(6) As a condition for securing evidence pursuant to subsection (4), the court can decide that the 
petitioner shall p ay or provide security for the expenses involved. The court can also impose a 
condition that the petitioner shall provide security, to be fixed at the court’s discretion, for potential 
compensation to the opposite party.  
 
Section 28 -4 Implementing the sec uring of evidence  
The provisions on access to real evidence and the taking of evidence in lawsuits apply 
correspondingly to the securing of evidence as far as they are appropriate.  
 
Section 28 -5 Expenses relating to the securing of evidence  
(1) The peti tioner shall cover the expenses incurred by opposite parties pursuant to section 28 -
3(2) and expenses relating to the appointment of a representative pursuant to section 28 -3(3).  
(2) The obligation pursuant to subsection (1) may lapse in whole or in part if the petition to secure 
evidence was necessary because an opposite party pursuant to section 31 -3(2) has refused without 
reasonable cause to cooperate in securing and providing access to evidence, or has contested the 
petition without reasonable cause. I n such circumstances, the petitioner and other parties may be 
awarded costs in whole or in part from the uncooperative party.  
Chapter 28A. Right of information in connection with infringements of intellectual 
property rights etc.  
Section 28A -1 Right of i nformation in connection with infringements of intellectual property rights 
etc.  
(1) When there are reasonable grounds for believing that an intellectual property right has been 
infringed, the court may, at the request of the rightholder, order the infrin ger to provide 
information on the origin and distribution networks of the goods or services that the infringement 
concerns (disclosure order). Such information may also be required from any person who:  
a) has aided and abetted an infringement,  
 
b) has b een in possession of an infringing product on a commercial scale,  
 
c) has used an infringing service on a commercial scale,  
 
d) has provided a service on a commercial scale that has been used in connection with an 
infringement, or  
 
e) has been identi fied by the infringer or by a person as mentioned in a to d above as being 
involved in the production or distribution of the product or the provision of the service that the 
infringement concerns.  
(2) Information on the origin and distribution networks a mong other things includes:  
a) the name and address of manufacturers, distributors, suppliers and others who have had the  
 76 goods in their possession, or have delivered or received the services,  
 
b) the name and address of intended wholesalers and retaile rs, and  
 
c) information on the quantity that has been manufactured, delivered, received or ordered, and 
on what price has been paid or obtained for the goods or services.  
(3) Intellectual property rights include copyright and other rights pursuant to t he Copyright Act, 
patents, supplementary protection certificates as mentioned in the Patents Act Sections 62 a and 
62 b, the right to business names and other distinguishing marks, rights to layout designs for 
integrated circuits, plant breeders' rights, d esign rights, trademark rights, designations protected 
pursuant to the Regulations of 5 July 2002 No 698  relating to the protection of designations of 
origin, geograp hical indications and designations of the traditional distinctive characteristics of 
foodstuffs, as well as geographical indications protected pursuant to the Marketing  Control Act 
Sections 25 , 26 or 31. This chapter applies correspondingly to v iolations of the Marketing Control 
Act Section  30, and to violations of the Mar keting Control Act Sections 25  and 26 when the 
violation consists of copying another person's product, distinguishing mark, advertising materials or 
other produced it ems.  
(4) The first and second paragraphs apply correspondingly to any person who has made significant 
preparations with a view to carrying out an action that would constitute an infringement, or who 
has in some other manner acted in a way that gives parti cular grounds for fearing that the person 
in question will commit an infringement.  
 
 Section 28A -2 Requirements concerning proportionality etc.   
(1) A disclosure order may only be issued if the information can have a bearing on the enforcement 
of a right a s mentioned in Section 28A -1, and the rightholder's interest in obtaining the information 
outweighs the disadvantages for the person against whom the order is directed and other 
conflicting interests.  
(2) The provisions concerning prohibited evidence and exempted evidence in Sections 22 -3, 22 -5 
and 22 -7 to 22 -12 apply correspondingly to the duty to disclose information pursuant to this 
chapter.  
 
Section 28A -3 Petition for a disclosure order and its consideration  
(1) A petition may be submitted for a disc losure order in connection with a legal action concerning 
an infringement or independently of such action.  A petition is submitted through pleadings. If the 
petition is submitted during the main proceedings, it must be submitted orally.   
(2) A petition f or a disclosure order that is submitted independently of an infringement action shall 
be submitted to the court where an action could have been brought concerning the infringement 
invoked as the basis for the petition. The petition may also be submitted to  the court which is the 
ordinary legal venue for the person against whom the petition is directed. If the petition concerns 
several persons, it can be submitted to the court which is the legal venue for one of them.  
(3) The petition shall state the name o f the person from whom information is requested as the 
opposing party. When a petition is submitted in an infringement action and it is directed at a 
person other than the opposing party in the action, both persons shall be mentioned as opposing 
parties. I t shall be explained what kind of information is requested and the grounds for requesting 
it.  
(4) In an infringement action, a petition for a disclosure order may be submitted until the case is 
taken under judgment. If the petition is submitted during the  main proceedings, it may only be 
directed against the opposing party or a witness. If the petition is directed against a witness, it 
must be submitted before the witness's testimony has concluded. Once the preparation of the case 
has concluded, new witnes s testimony may not be offered with a view to ordering the witness to 
disclose information about the origin and distribution network that does not have a bearing on the 
decision in the infringement action. If the witness is also to give evidence about matt ers that can 
have a bearing on the decision in the action, Section 9 -16 shall apply.  If it is possible that a  
 77 petition will be submitted for a witness to be ordered to disclose information pursuant to Section 
28A-1, this shall be stated when the evidence is offered.  
(5) The person against whom the petition is directed shall be given an opportunity to state an 
opinion before the matter is decided.  
 
Section 28A -4 The court's decision  
(1) A dispute concerning whether information is to be disclosed pursuant  to Section 28A -1 shall be 
decided by an interlocutory order.   
(2) In an infringement action, the court decides whether the petition shall be decided in a separate 
interlocutory order or whether the decision shall be stayed until the judgment or ruling th at 
concludes the case. In both cases, the decision may be appealed separately.  
(3) The court decides how a disclosure order shall be complied with. The disclosure order may 
entail that the person against whom it is directed shall testify in court or grant  access to real 
evidence. The provisions in Chapters 23, 24, 26 and 27 apply correspondingly insofar as they are 
appropriate. The court may also decide that the person against whom the order is directed shall 
prepare a separate written statement instead of  testifying. If a person who is not a party refuses to 
comply with a final and enforceable interlocutory order ordering the person in question to prepare a 
separate written statement, the court may rule that such interlocutory order shall be enforced.  
 
Section 28A -5 Costs and outlays  
(1) When a petition for a disclosure order is submitted independently of an infringement action or 
against a person other than the opposing party in an infringement action, the person submitting 
the petition is obliged to cov er the necessary costs and outlays incurred by the person from whom 
information is requested. If the petition is necessary because the person from whom information 
has been requested has disputed the request without reasonable grounds, the duty pursuant to  the 
first sentence may lapse in whole or in part, and the person who has submitted the petition may be 
awarded costs in whole or in part.  
(2) Between the parties to an action, the provisions on costs in Chapter 20 apply to costs and 
outlays relating to t he consideration and implementation of a petition for information.  
 
 
Part VI - Remedies  
Chapter 29. Appeal to the court of appeal  
Section 29 -1 The court of appeal as appellate court  
The court of appeal is the appellate court for rulings of the district  courts and of courts that are sat 
with a sole judge or only one professional judge.  
 
Section 29 -2 Appellable rulings  
(1) An appeal may be brought against judgements, interlocutory orders and decisions.  
(2) Rulings on procedural issues cannot be appeale d after the case has been decided on its merits.  
(3) In cases that are heard orally, the limitation on the right of appeal in subsection (2) takes 
effect when the court hearing for the finalisation of the case is opened. The limitation shall lapse if 
the hearing is adjourned.   
 78 (4) These limitations on the right of appeal shall not apply to a ruling to summarily dismiss or 
quash the case or to rulings directed at third parties.  
(5) Subsections (2) to (4) apply correspondingly to rulings concerning parts of  the case.  
 
Section 29 -3 Grounds of appeal  
(1) An appeal may be brought against a judgement or an interlocutory order on the grounds of 
error in the assessment of the facts, error in the application of law or error in the procedure upon 
which the ruling is based.  
(2) An interlocutory procedural order which pursuant to statute shall be made on an assessment of 
what is appropriate and necessary for the proper conduct of the case may, as far as the 
discretionary assessment is concerned, only be appealed on the grounds that the ruling is unsound 
or clearly unreasonable.  
(3) A ruling that is made in the form of a decision may only be appealed on the grounds that the 
court has based the decision on an incorrect interpretation of the types of rulings that the c ourt 
may make pursuant to the statutory provision that has been applied, or on the grounds that the 
ruling is obviously unsound or unreasonable.  
 
Section 29 -4 Claims that may be heard in the appeal case  
(1) An appeal can relate to claims that have been de termined by the appealed ruling.  
(2) If they can be heard pursuant to substantially the same procedural rules, an appeal may 
include the following claims in addition to claims referred to in subsection (1):  
a) claims that are linked to claims referred to  in subsection (1) and that cannot be brought in a 
separate action,  
b) claims that are connected to claims referred to in subsection (1), where the amendment relates 
to circumstances that have occurred too late, or that have become known too late, for the  claim to 
be included in the action at an earlier stage,  
c) claims that are connected to claims referred to in subsection (1) and the opposite party does not 
object to broadening the action and the court does not find that material reasons suggest 
otherwi se,  
d) other claims that are connected to claims referred to in subsection (1) where the court finds that 
the new claim may be properly heard on appeal and there are weighty reasons why it should be 
allowed to be heard, and  
e) new claims that are brought  by way of counterclaim where the counterclaim could not have 
been raised at an earlier stage or where the opposite party consents.  
(3) The prayer for relief in respect of a determined claim may only be broadened if the opposite 
party consents or if the a mendment is based on circumstances that became known to the party 
after the main hearing in the district court. In cases that are heard according to general procedure, 
the amendment can also be based on circumstances of which the party cannot be reproached  for 
not having been aware until after the conclusion of the preparation of the case if the district court 
has disallowed the amendment.  
(4) A party may also bring claims pursuant to subsection (2) or broaden the prayer for relief 
pursuant to subsection ( 3) after the time limit for appeal or reply has expired provided that it 
would be reasonable to allow the amendment. A party may at any time require the court to hear 
claims pursuant to subsection (2)(a) and amendments to the prayer for relief that could n ot have 
been raised at an earlier stage.  
 
Section 29 -5 Time limit for appeal   
 79 (1) The time limit for appeal is one month unless otherwise provided by statute.  
(2) The court may set a one week time limit for appeal against  
a) rulings that order or refuse  access to evidence or issues of evidence,  
b) rulings that order someone to give an affirmation, and  
c) rulings that appoint or reject the appointment of an expert.  
(3) The court may require that an appeal against a ruling pursuant to subsections (2)(a)  and (b) as 
to access to evidence or the giving of an affirmation, which pursuant to section 19 -13(2) cannot be 
enforced until it becomes final and enforceable, shall be lodged immediately if the person entitled 
to appeal is present in court.  
(4) When pron ouncing judgement, the court may fix a time limit for appeal of up to six weeks from 
the date of service if it will be particularly difficult for the parties to observe the time limit pursuant 
to subsection (1).  
 
Section 29 -6 Waiver of the right of appeal  
(1) The right of appeal may be waived. The right of appeal may only be waived before the ruling is 
pronounced if the waiver is mutual. Notwithstanding that the right of appeal has been waived 
before the ruling, an appeal may be brought on the grounds of e rror pursuant to section 29 -21(2).  
(2) The right of appeal must be waived expressly.  
 
Section 29 -7 Derivative appeal  
(1) A party who lacks a direct right of appeal because the time limit for appeal has expired, or the 
right of appeal has been waived or the requirement as to the value of the subject matter of appeal 
is not fulfilled, shall still have a right of appeal unless an appeal by the opposite party is limited to 
an appeal against procedure.  
(2) An appeal pursuant to subsection (1) is not necessar y if the party’s claim is limited to amending 
the award of cost.  
(3) An appeal pursuant to subsection (1) must be lodged within the time limit pursuant to section 
29-10(2).  
(4) An appeal pursuant to subsection (1) shall lapse if the appeal by the opposit e party is not heard 
on its merits.  
 
Section 29 -8 Legal standing  
(1) The parties to the action may appeal against judicial rulings to have them amended in their 
favour. Any person who will be affected by the amendment shall be cited as respondent.  
(2) A  person who is not a party to the action may appeal against rulings that relate to his 
procedural rights or obligations. Such persons shall be cited as respondents in appeals brought by 
other persons.  
 
Section 29 -9 Submitting the appeal. The notice of app eal  
(1) An appeal shall be submitted by notice of appeal.  
(2) The appeal shall be submitted in writing or orally pursuant to the provisions of section12 -1(2) 
to the court that made the appealed ruling.  
(3) The notice of appeal shall state:   
 80 a) the name of the appellate court,  
b) the names and addresses of the parties, their party representatives and counsel,  
c) the ruling that is appealed,  
d) whether the appeal applies to the ruling in its entirety or only to certain parts thereof,  
e) the claim to wh ich the appeal relates, and a prayer for relief that states the outcome the 
appellant is claiming,  
f) the errors in the appealed ruling that are alleged,  
g) the factual and legal grounds for the alleged errors,  
h) the evidence that will be presented,  
i) the basis upon which the court may hear the appeal, if there can be any doubt as to this, and  
j) the appellant’s views of the on the further hearing of the appeal.  
(4) The notice of appeal shall provide a basis for the parties and the court to hear the case in a 
sound manner. The notice shall specifically state the issues in the appealed ruling that are 
contested, and any new factual or legal grounds or new evidence. In all other respects, section 9 -
2(3) applies to the extent appropriate.  
 
Section 29 -10 Preliminary hearing of the appeal by the recipient court  
(1) If the court finds that the appeal is deficient or that the time limit for appeal may have expired, 
the appellant shall be given the opportunity to rectify the error pursuant to sections 16 -5 and 16-6. 
A ruling on whether the appeal shall be summarily dismissed or reinstatement granted shall be 
made by the court of appeal.  
(2) The court shall serve the notice of appeal on the respondent and set a time limit for submitting 
the reply. The time lim it shall normally be three weeks for appeals against judgements and one 
week for appeals against interlocutory orders and decisions.  
(3) The case shall be transmitted to the court of appeal immediately after the reply has been 
submitted and communicated t o the appellant. The same applies if no reply has been submitted 
before the time limit has expired.  
 
Section 29 -11 The reply  
(1) The respondent should submit a reply.  
(2) In his reply, the respondent should give an account of his views on the appeal. Th e respondent 
should make a prayer for relief and state the factual and legal grounds for the prayer and the 
evidence that will be presented. The respondent should express his views on the further hearing of 
the appeal.  
(3) If the reply constitutes a deriv ative appeal, sections 29 -9 and 29 -10 apply to the derivative 
appeal.  
 
Section 29 -12 Summary dismissal and setting aside during the preparation of the appeal  
(1) During the preparation of the appeal, the court of appeal may  
a) summarily dismiss an appea l that suffers from an error that must lead to summary dismissal,  
b) quash an action or part thereof on the grounds that the courts lack jurisdiction or that the action 
has been determined by a final and enforceable judgement, and   
 81 c) set aside an appeale d ruling where there is an error that must be given unconditional effect, cf. 
section 29 -21(2).  
(2) In an appeal against a judgement passed following simplified judgement proceedings or small 
claims procedure, the court of appeal may set aside the judgeme nt instead of referring the appeal 
if it finds that the judgement suffers from an error in the application of law or from significant 
procedural errors, and that the further hearing of the case ought to take place in the district court.  
(3) Section 9 -6 applies correspondingly to the hearing.  
 
Section 29 -13 Leave to appeal. Refusal  
(1) An appeal against a judgement in an asset claim shall not be referred for hearing without leave 
of the court of appeal if the value of the subject matter of the appeal is l ess than NOK 125 000. In 
determining whether to grant leave, the court shall have regard, among other things, to the 
character of the case, the parties’ needs for review and whether there appear to be flaws in the 
appealed ruling or the hearing of the case .  
(2) The court of appeal may refuse leave to appeal against a judgement if it finds it clear that the 
appeal will not succeed. Refusal may be limited to certain claims or grounds of appeal.  
(3) If a ruling pursuant to subsection (1) has not been made be fore the appeal hearing, leave may 
still be refused if at that stage it transpires that the value of the subject matter of the appeal is less 
than NOK 125 000.  
(4) The court of appeal cannot refuse leave pursuant to subsection (2) unless the party has bee n 
given notice that refusal is being considered. Such notice must be given before the further 
preparation of the case is raised with the parties pursuant to section 29 -14(3), and no later than 
one month after the court of appeal received the appeal.  
(5) R ulings pursuant to subsections (1) and (2) shall be made by decision without an oral hearing. 
Refusal pursuant to subsection (2) requires unanimity. The decision may only be appealed on the 
grounds of procedural error. An appeal cannot be brought against t he court’s decision not to refuse 
leave pursuant to subsection (2), nor can this constitute grounds of appeal.  
 
Section 29 -14 Further preparation of the case  
(1) If the appeal is not determined pursuant to sections 29 -12 or 29 -13, the hearing of the case  
shall proceed in accordance with subsections (2) or (3). Preparation of the case shall focus on the 
issues to be reviewed on appeal and that are in dispute. Sections 9 -6 and 9 -7 apply 
correspondingly.  
(2) Unless further preparation of the case is necessa ry to establish a sound basis for the ruling, 
appeals against interlocutory orders and decisions shall normally be determined on the basis  
prevailing when the case is transmitted to the court of appeal. If it is necessary to discuss the 
further preparatio n of the case, section 9 -4 applies to the extent appropriate.  
(3) Sections 9 -4, 9-5(3) and (4), 9 -10 and 9 -11 apply correspondingly to appeals against 
judgements.  
 
Section 29 -15 Type of hearing and the basis for the ruling in appeals against interlocutor y orders 
and decisions  
(1) Appeals against interlocutory orders and decisions shall normally be determined following a 
written hearing.  
(2) An oral hearing shall be held if required out of regard to the need to ensure sound and fair legal 
proceedings. Th e oral hearing may be limited to specific issues. Section 29 -18 applies 
correspondingly to the oral hearing to the extent appropriate.  
  
 82 Section 29 -16 Type of hearing and basis for the ruling in appeals against judgements  
(1) Appeals against judgements sha ll be determined following an oral appeal hearing pursuant to 
section 29 -18 or a court hearing pursuant to section 29 -14(3), cf. section 9 -5(4). The description 
of the facts pursuant to subsection (2), accounts pursuant to subsection (3) and submissions 
pursuant to subsection (4) shall form part of the basis for the ruling in the case. The court may 
decide that the case shall be determined following a written hearing pursuant to subsection (5).  
(2) The court can rely on the description of the facts in the district court’s judgement without 
reviewing it if the description is not contested.  
(3) The court may decide that the parties shall submit written accounts of parts of the factual or 
legal issues involved in the case if this may lead to a more efficient and cost -effective hearing or if 
it is necessary in order to establish a considerably firmer basis for the ruling. If a party objects to 
submitting a written account pursuant to this subsection, the issue shall be determined by 
interlocutory order.  
(4) Se ction 9 -9(2) and (4) apply correspondingly.  
(5) If the appeal relates only to procedure and the application of law, or if it only to a limited 
extent raises factual issues in respect of which direct presentation of evidence will be of material 
importance,  the court may decide that the appeal shall be ruled on following a written hearing if 
this will provide a sound basis for the ruling. After the court’s decision, the parties shall submit 
written submissions which, together with facts that emerge at any co urt hearing pursuant to the 
fourth sentence of this subsection, shall form the basis for ruling on the case. Each party shall 
submit at least one submission, but is entitled to submit two. The court may decide that a court 
hearing shall be held after the w ritten submissions for an oral hearing of one or more specific 
issues in the case.  
 
Section 29 -17 Lay judges  
If an appeal against judgement is not heard entirely in writing, the court may sit with two lay 
judges. Section 9 -12(2) and (3) apply correspondi ngly.  
 
Section 29 -18 Oral appeal hearing  
(1) An oral appeal hearing shall take place pursuant to the provisions in sections 9 -13, 9 -14, 9 -16, 
9-17 and 16 -4. The court shall ensure that the hearing is focused on the issues that are raised in 
the appeal an d that are in dispute.  
(2) Section 9 -15 applies correspondingly to the conduct of the main hearing. The appellant shall 
normally address the court before the respondent. Where both parties have appealed, the court 
shall determine which party shall address  the court first. The court may decide that the parties 
shall deliver their main addresses pursuant to section 9 -15(10) in all cases where this would lead 
to effective management of the appeal hearing.  
(3) After a party has presented or, where appropriate , clarified his prayers for relief and the 
grounds for the prayer, the court may preclude further proceedings if it finds it clear that they will 
not succeed.  
 
Section 29 -19 Waiver of notice of appeal  
(1) A party who has given notice of appeal may waive the appeal at any time before the appeal 
hearing has opened and, with the consent of the opposite party, at any time before the claim is 
ruled on. Appeals which are heard in writing only may be waived at any time before the appeal is 
ruled on.  
(2) Waiver of appeal precludes any subsequent appeal.  
  
 83 Section 29 -20 The court's review of the appeal  
(1) The court may only review the claims that are appealed. The court shall nevertheless give 
effect to errors pursuant to section 29 -21(2) for claims between the appellant and the respondent 
that are not appealed when such error also afflicts such claims and it is likely that the error has 
influenced the determination of such claims.  
(2) In appeals against procedure, the court may only review the procedural errors  that are invoked 
and cannot review the merits of the case. The court may give effect to errors pursuant to section 
29-21(2) beyond the scope of the appeal.  
(3) In appeals on the merits, the court is bound by the grounds for appeal, and such that sections  
11-2 and 11 -4 provide the framework for the review. The court cannot review the procedure, but 
may give effect to errors pursuant to section 29 -21(2) beyond the scope of the appeal.  
 
Section 29 -21 Procedural errors  
(1) Effect shall be given to a procedu ral error if it is likely that such error has had an impact on the 
appealed ruling.  
(2) The following errors shall always be given effect:  
a) disregard of mandatory conditions for granting leave or determining the claim,  
b) unlawful composition of the co urt,  
c) deficiencies in the ruling that cannot be rectified pursuant to sections 19 -8 and 19 -9 and that 
prevent the appeal being heard, or  
d) that the ruling was made against a party who was not present and who was not lawfully 
summonsed or who was lawfu lly absent.  
 
Section 29 -22 Separate hearing and determination of appeals against procedure  
(1) If a ruling is appealed both on the grounds of procedure and on the merits, the appeal against 
procedure shall generally be determined first.  
(2) Notwithstand ing that there is a procedural errors to which effect shall be given pursuant to 
section 29 -21, the court of appeal can rule on the merits if  
a) the court of appeal has jurisdiction to review the claim to which the appeal relates,  
b) the district court h as ruled on the claim on the merits, and  
c) regard for the parties does not suggest that the claim should be retried in the district court.  
(3) A separate appeal cannot be lodged if the court of appeal has granted leave to appeal on the 
merits.  
 
Section  29-23 The determination of the appeal by the court of appeal  
(1) The appeal shall be ruled on by judgement or interlocutory order pursuant to section 19 -1.  
(2) The appeal shall be summarily dismissed if the court of appeal finds that it cannot succeed.  
(3) The appealed ruling shall be set aside if an appeal against procedure succeeds or if the court of 
its own motion gives effect to a procedural error pursuant to section 29 -21(2). The court of appeal 
may decide that the further hearing of the case after  the appealed ruling is set aside shall take 
place before a different court or different judges. If the basis upon which the ruling was set aside 
implies that the case cannot be heard further, the case shall be summarily dismissed.   
 84 (4) If an appeal on the  merits of a ruling succeeds, the court of appeal shall make a new ruling on 
the merits if it has a basis for doing so. In all other respects, subsection (3) applies 
correspondingly.  
 
Section 29 -24 Further hearing after a ruling has been set aside  
(1) Af ter a ruling has been set aside, the case shall be transmitted to the court that is to hear the 
case further.  
(2) The court shall on its own motion ensure that the case is heard further. At the subsequent 
hearing, the district court shall apply the interp retation of the law which the court of appeal applied 
when setting aside the original ruling.  
 
Chapter 30. Appeal to the Supreme Court  
Section 30 -1 The Supreme Court as appellate court  
(1) The Supreme Court is the appellate court for rulings of the cour t of appeal and for appeals 
against judgements where leave to appeal directly to the Supreme Court has been granted 
pursuant to section 30 -2.  
(2) The Appeals Committee of the Supreme Court shall determine appeals against interlocutory 
orders and decisions . 
 
Section 30 -2 Direct appeal to the Supreme Court  
(1) Appeal against a judgement that would otherwise fall within the jurisdiction of the court of 
appeal may with leave be appealed directly to the Supreme Court. Leave may only be granted if 
the case give s rise to particularly important issues of principle upon which it is important to 
promptly ascertain the view of the Supreme Court, and if regard for the need for a sound hearing 
does not weigh against direct appeal. Leave to appeal directly to the Suprem e Court may not be 
granted for appeals against judgements passed following small claims or simplified judgement 
proceedings.  
(2) As a general rule, leave to appeal directly to the Supreme Court shall be granted for the case 
as a whole. However, leave may be granted to split the hearing and the adjudication if a split is 
permissible pursuant to section 16 -1 and it would clearly be expedient to the further hearing of the 
case that a claim or a grounds for the prayer for relief be heard separately and ruled o n by way of 
direct appeal pursuant to subsection (1).  
(3) An application to appeal directly to the Supreme Court may be submitted by the appellant or 
the respondent within the time limit for the submission of the reply. Section 29 -10 applies 
corresponding ly to the district court's preparation of the appeal, except that the case shall be 
transmitted to the Supreme Court.  
(4) Leave to appeal directly to the Supreme Court may be withdrawn if the further preparation of 
the case reveals that the appeal ought t o be ruled on by the court of appeal on account of the 
presentation of evidence.  
(5) If leave to appeal directly to the Supreme Court is not granted or is withdrawn pursuant to 
subsection (4), the case shall be transmitted to the court of appeal who shall  hear and rule on the 
appeal pursuant to the provisions in Chapter 29. Section 29 -13 shall not apply if leave to appeal 
directly to the Supreme Court has been withdrawn pursuant to subsection (4).  
(6) If leave to appeal directly to the Supreme Court is li mited pursuant to subsection (2) second 
sentence, the remainder of the appeal shall be transmitted to the court of appeal.  
(7) Rulings on leave pursuant to subsections (1) or (2) or withdrawal pursuant to subsection (4) 
shall be made by the Appeals Commit tee of the Supreme Court.  
  
 85 Section 30 -3 Corresponding application of the provisions on appeal to the court of appeal  
Sections 29 -2 to 29 -12 and sections 29 -19 to 29 -24 apply correspondingly to appeals to the 
Supreme Court, subject to any modifications pu rsuant to the provisions in this Chapter. Rulings 
pursuant to section 29 -12 can be made by the Appeals Committee of the Supreme Court.  
 
Section 30 -4 Leave to appeal against judgement  
(1) Judgements cannot be appealed without leave. Leave can only be grant ed if the appeal 
concerns issues whose significance extends beyond the scope of the current case or if it is 
important for other reasons that the is case determined by the Supreme Court.  
(2) The issue of leave shall be determined for each appeal. Leave ma y be limited to specific claims 
and to specific grounds of appeal, including to specifically invoked errors in the application of law, 
procedure or the factual basis for the ruling.  
(3) The issue of leave shall be determined by the Appeals Committee of th e Supreme Court by way 
of decision. A decision to refuse leave or to grant limited leave requires unanimity.  
 
Section 30 -5 Refusal of leave to appeal against interlocutory orders and decisions  
Leave to appeal against an interlocutory order or a decision may be refused if the appeal does not 
raise issues whose significance extends beyond the scope of the current case and there are no 
other considerations that suggest that the appeal should be tried on its merits. Leave to appeal 
may also be refused if the appeal in the main raises extensive questions of evidence. Section 30 -
4(2) and (3) apply correspondingly.  
 
Section 30 -6 Limitations on the right of second -tier appeals against interlocutory orders  
An appeal to the court of appeal that is determined by in terlocutory order cannot be appealed by 
way of second -tier appeal. However, this does not apply if  
a) the ruling summarily dismisses a case from the district court because the courts lack jurisdiction 
over the case or the case has been determined by a fin al and enforceable judgement,  
b) the appeal relates to the procedure in the court of appeal,  
c) the appeal relates to the general legal interpretation of a written legal rule, or  
d) the appeal relates to a ruling on access to evidence pursuant to sectio n 22-11.  
 
Section 30 -7 New claims, broadening the prayer for relief, new factual basis and new evidence  
(1) When leave to appeal has been granted pursuant to section 30 -4, or leave to appeal directly to 
the Supreme Court has been granted pursuant to sect ion 30 -2, new claims cannot be asserted, the 
prayer for relief in respect of existing claims cannot be broadened and new facts or evidence 
cannot be submitted unless special grounds suggest otherwise. The issue shall be determined by 
the Appeals Committee of the Supreme Court.  
(2) In appeals against interlocutory orders and decisions, the court may fix a time limit for 
extensions or amendments referred to in subsection (1).  
 
Section 30 -8 Further preparation of the case  
(1) If the appeal is not disposed o f by refusal of leave pursuant to section 30 -4 or 30 -5 or by 
setting aside or summary dismissal pursuant to section 29 -12, cf. section 30 -3, the court shall 
consider whether further preparation of the case is necessary. Preparation shall focus on the issue s 
to be reviewed on appeal and that are in dispute. Sections 9 -6 and 9 -7 apply correspondingly.   
 86 (2) ) Unless further preparation of the case is necessary to establish a sound basis for the ruling, 
appeals against interlocutory orders and decisions shall no rmally be determined on the basis 
prevailing when the case is transmitted to the Supreme Court. If it is necessary to discuss the 
further preparation of the case, section 9 -4 applies to the extent appropriate. Subsection (3) 
applies if the appeal is to be determined by the Supreme Court following an oral hearing in whole 
or in part pursuant to sections 30 -9(4) or 30 -12.  
(3) Sections 9 -4 and 9 -5(3) first sentence apply correspondingly to appeals against judgements. 
The court may decide that the parties shal l submit written closing submissions pursuant to section 
9-10(2). The court may fix time frames for the parties’ submissions at the appeal hearing.  
 
Section 30 -9 Type of hearing and basis for the ruling in appeals against interlocutory orders and 
decision s  
(1) Appeals against interlocutory orders and decisions shall normally be determined following a 
written hearing.  
(2) The appeal may be summarily dismissed or rejected without further reason if the Appeals 
Committee of the Supreme Court unanimously find s that the appeal clearly cannot succeed.  
(3) The Appeals Committee of the Supreme Court may decide that court hearings shall be held to 
hear parts of the issues raised on appeal in more detail if required to ensure the proper conduct of 
the case. Section  30-11 applies correspondingly to oral hearings before the Appeals Committee to 
the extent appropriate.  
(4) If the court decides pursuant to the Courts of Justice Act section 5(1), cf. section 6(1) that the 
court shall sit with a panel of five judges, it shall at the same time decide whether the case shall be 
heard in writing or pursuant to the provisions of sections 30 -10 and 30 -11 on appeals against 
judgements. A decision to hear the case orally may also be made later by the preparatory judge 
pursuant to  section 19 -2(2) or by the court before whom the case is being heard.  
 
Section 30 -10 Type of hearing and basis for the ruling in appeals against judgements  
(1) Appeals against judgements shall be determined following an oral appeal hearing. The 
descripti on of the facts pursuant to subsection (2) and accounts pursuant to subsection (3) shall 
form part of the basis for the ruling. The court may decide that the case shall be determined 
following a written hearing pursuant to subsection (4).  
(2) The court ma y decide that the parties shall submit written accounts of specific factual and legal 
issues in the case.  
(3) The court can rely on the description of the facts in the district court’s or the court of appeal’s 
judgement without reviewing it if the descript ion is not contested.  
(4) The Appeals Committee of the Supreme Court may decide on a written hearing if the issues 
raised by the case are suited to be heard in writing. Section 29 -16(5) second to fourth sentence 
apply correspondingly. If a court hearing is  held after the written submissions, section 30 -11 
applies to the extent appropriate.  
 
Section 30 -11 Oral appeal hearing  
(1) Court -appointed experts may be examined directly before the Supreme Court. Evidence shall in 
other respects be presented pursuant  to section 26 -2.  
(2) Sections 9 -13, 9 -14, 9 -17, 16 -4, 29 -18(1) second sentence, 29 -18(2) second and third 
sentences and 29 -18(3) apply to the appeal hearing as far as they are appropriate. Each party may 
address the court twice. The parties’ second addre ss shall be limited to issues raised by the 
opposite party and to the oral testimony of the experts. Experts who testify directly before the 
Supreme Court shall testify after the parties have held their first address unless the Supreme Court 
determines oth erwise.   
 87  
Section 30 -12 Hearing cases that are to be ruled on by more than five judges  
A case or legal issue that is to be ruled on by the Supreme Court sitting with a panel of more than 
five judges pursuant to the Courts of Justice Act section 5(4) shall  always be heard pursuant to 
sections 30 -10(1) to (3) and 30 -11.  
 
Section 30 -13 The State’s right to participate in cases concerning the Constitution or international 
obligations  
(1) The Supreme Court shall notify the Ministry of Justice as representative  of the State if a case 
that is to be heard before the Supreme Court raises the question of setting aside or restrictive 
interpretation of rules laid down in statute, provisional ordinance or parliamentary decision on the 
grounds that the rule or decision may be contrary to the Constitution or violate rules that are 
binding on Norway pursuant to its international obligations. The State is entitled to participate in 
the case to the extent necessary to safeguard the State's interests with regard to the potent ial 
conflict of rules.  
(2) If the State participates, the court may decide that the State shall submit written accounts of 
specific factual and legal issues involved in the case.  
 
Section 30 -14 Setting aside and further hearing before the lower court where  the basis for the 
ruling is deficient  
(1) The appealed ruling shall be set aside if the hearing shows that there are or may be errors in 
the factual or legal basis for the ruling, but the Supreme Court does not have a sound basis for 
making a new ruling o n the claim to which the case relates.  
(2) If, in order to rule on the appeal, it is necessary to consider evidence that has not been 
assessed in the appealed ruling, the appealed ruling may be set aside if it is important that the 
assessment takes place in the lower court out of regard for the need for sound and proper 
proceedings.  
(3) During the preparation of the case, the court may rule that the proceedings before the 
Supreme Court shall be limited in such a way that deliberation on issues in dispute that may be 
referred to the lower court pursuant to subsection (2) shall be provisionally postponed.  
 
Section 30 -15 Setting aside the district court’s ruling in addition  
(1) If an error that leads to a ruling being set aside also afflicts the ruling of th e district court, both 
rulings shall be set aside. However, this shall not apply if the court of appeal can determine the 
case on its merits at a new hearing and this would be an appropriate way of dealing with the case.  
(2) If the district court’s ruling  is set aside without the case also being summarily dismissed, 
section 29 -24 applies to the further hearing of the case in the district court.  
 
Chapter 31. Reopening.  
Section 31 -1 Scope. Which court shall determine whether to reopen a case  
(1) This Chap ter applies to the reopening of cases that have been ruled on by a final and 
enforceable judgement.  
(2) Rulings of the conciliation board may be reopened by petition to the district court.  
(3) Rulings of the district court and the court of appeal may be reopened by petition to a court of 
the same level in a judicial district that borders on to the court that made the original ruling.   
 88 (4) Rulings of the Supreme Court, including the Appeals Committee of the Supreme Court, may be 
reopened by petition to the  Supreme Court. The petition shall be ruled on by the Appeals 
Committee of the Supreme Court.  
 
Section 31 -2 Rulings that may be reopened  
(1) Final and enforceable rulings that conclude the hearing of a claim may be reopened. Interim 
rulings may not be re opened.  
(2) If a case has been heard by more than one instance, only the ruling of the last instance may be 
reopened. However, this does not apply if the circumstances on which the petition for reopening is 
based fell outside the scope of the proceedings in the last instance.  
(3) Decisions that disallow an appeal and interlocutory orders that dismiss an application for 
reinstatement may only be reopened on the grounds of procedural errors referred to in section 31 -
3.  
(4) Judgements and interlocutory orde rs that set aside a ruling may be reopened until a new ruling 
on the merits has been made. Subsection (3) applies correspondingly.  
 
Section 31 -3 Reopening on grounds of procedural error  
(1) A petition to reopen a case may be made:  
a) if a judge who accor ding to law was not entitled to serve has participated in the proceedings,  
b) if there are reasonable grounds to suspect that a judge or other person who has done work or 
undertaken an assignment for the court, the opposite party or a person who has taken  part in the 
case for the opposite party, has committed a criminal offence in connection with the proceedings,  
c) if there are reasonable grounds to suspect that a witness has given false testimony,  
d) if in a complaint against Norway in respect of the s ame subject matter it is determined that the 
procedure has violated a treaty which pursuant to the Human Rights Act of 21 May 1999 No. 30 is 
incorporated into Norwegian law, or  
e) if the petition is made by a party who was not present at the hearing becau se he was not 
lawfully summonsed or because he was lawfully absent.  
(2) A criminal act in respect of which the accused was acquitted may not be invoked unless the 
court has found it proven that he committed the unlawful act.  
 
Section 31 -4 Reopening on gr ounds of errors in the ruling  
A petition to reopen a case may be made  
a) if information on the facts in the case that was unknown when the case was ruled on suggests 
that the ruling would in all likelihood have been different, or  
b) if a binding ruling m ade by an international court or an opinion issued by the Human Rights 
Committee of the United Nations in respect of the same subject matter suggests that the ruling 
was based on an incorrect application of international law.  
 
Section 31 -5 General limitat ions on the right to have a case reopened  
(1) A petition to reopen a case cannot be made on grounds that were dismissed at the hearing of 
the case. A decision to refuse leave to appeal pursuant to sections 29 -13(1), 30 -4 and 30 -5 does 
not constitute dismi ssal of grounds.   
 89 (2) A petition to reopen a case cannot be made on grounds that the petitioner ought to have 
alleged at the ordinary hearing, by appeal or by an application for reinstatement.  
(3) A case shall not be reopened if it is reasonably probable that a new hearing of the case would 
not lead to an amendment of significance to the party.  
 
Section 31 -6 Time limits for reopening a case  
(1) A petition to reopen a case must be submitted within six months after the date upon which the 
petitioner became aware of, or ought to have become aware of, the grounds for the petition. If the 
petition is based on a criminal offence, a new time limit shall start to run from the date when the 
accused is convicted by a final and enforceable judgement.  
(2) A case cann ot be reopened after more than ten years. Reinstatement cannot be granted for 
failure to observe the time limit.  
 
Section 31 -7 Petition to reopen a case  
(1) A petition to reopen a case shall be submitted to a court which pursuant to section 31 -1(2) to 
(4) has jurisdiction to hear the petition.  
(2) The application shall state  
a) the name of the court to which the petition is being submitted,  
b) the names and addresses of the parties, their party representatives and counsel,  
c) the ruling in respect of w hich the petition to reopen is being made,  
d) whether the petition relates to the ruling in its entirety or only to certain parts thereof,  
e) the grounds for reopening pursuant to sections 31 -3 and 31 -4,  
f) a factual and legal reason why the grounds giv e a right to reopen,  
g) the evidence that will be presented to the court in support of the right to reopen,  
h) the claims that will be asserted in the reopened case, and a prayer for relief which states the 
outcome the petitioner is requesting in the pet ition and the reopened case,  
i) the evidence that will be presented in the reopened case,  
j) the basis upon which the court may hear the petition, if there can be doubt as to this, and  
k) the petitioner’s views on the further proceedings of the case.  
(3) Section 9 -2(3) applies correspondingly.  
 
Section 31 -8 The hearing of the petition by the court  
(1) A petition to reopen a case shall be heard pursuant to the provisions on appeals against 
decisions and interlocutory orders to the extent that these are  appropriate. Sections 30 -5 and 30 -
9(2) do not apply.  
(2) The court shall on its own motion try whether the conditions to reopen the case are fulfilled. If 
the grounds for the petition include a possible criminal offence where criminal legal proceedings 
have not been initiated, the court may request the prosecuting authority to undertake an 
investigation.  
(3) If the petition succeeds, the reopened case shall be heard pursuant to the ordinary provisions 
applicable to the type of case in question.   
 90 (4) The court may decide that the petition and the claim or legal issue to which the petition relates 
shall be heard jointly pursuant to the provisions of subsection (3).  
(5) The Appeals Committee of the Supreme Court may decide that a petition to reopen a case o r a 
reopened case shall be referred in whole or in part to the court of appeal if it unanimously finds 
that this is appropriate out of regard for the presentation of evidence.  
(6) A judge who has participated in making the challenged ruling shall not part icipate in the 
proceedings concerning the reopening of the case.  
 
Section 31 -9 Simplified ruling on the petition  
(1) The court may rule on the petition without further proceedings if it is obvious that it must be 
summarily dismissed for reasons that cann ot be rectified, or be dismissed because the basis is 
inadequate.  
(2) A ruling on the petition by the court of appeal or the Appeals Committee of the Supreme Court 
pursuant to subsection (1) must be unanimous.  
 
Part VII – Provisional security  
Chapter 32.  General provisions  
Section 32 -1. Introduction  
(1) Provisional security includes arrest of goods and interim measures.  
(2) A person who has a monetary claim against another person can petition to secure the claim by 
way of arrest pursuant to Chapter 33 pro vided there is a basis for security.  
(3) A person who has a claim for something other than the payment of money can petition for an 
interim measure pursuant to Chapter 34 provided there is a basis for security.  
 
Section 32 -2 Relationship to the general pro visions of the Act, etc  
The provisions in Chapters 1 to 3, sections 4 -1, 4-3, 4-4 and 4 -7, Chapters 7 and 8, section 9 -6, 
Chapters 11 to 15, Chapter 16 except sections 16 -2, 16 -4 and 16 -8, Chapter 18, Chapter 19 
except section 9 -13 and Chapters 20 to 31 ap ply correspondingly to cases concerning provisional 
security to the extent they are appropriate and the provisions of Chapters 32 to 34 do not provide 
otherwise. Before making an interlocutory order, the court shall as far as possible give the parties 
the opportunity to express themselves.  
 
Section 32 -3 Norwegian and foreign ships and foreign State -owned aircraft  
(1) Chapter 4 of the Maritime Code applies in addition to arrest of ships and interim measures that 
consist in detention of a ship.  
(2) The Enforc ement of Claims Act sections 1 -5 and 1 -7 apply correspondingly to provisional 
security.  
(3) The provisions for ships apply correspondingly to floating constructions that are not ships but 
that can be registered in the Norwegian Register of Ships or equival ent foreign register.  
  
Section 32 -4 Competent Court  
(1) A petition for provisional security shall be submitted to the district court in the judicial district 
where the defendant has his ordinary venue. A petition for arrest can also be submitted to the 
district court in another judicial district where property or an asset belonging to the defendant is  
 91 situated, or where moveable property belonging to the defendant is expected to arrive in the near 
future. A petition for interim measures that relates to pro perty or an asset or other object can also 
be submitted to the district court in the place where the property, asset or object is located or is 
expected to arrive in the near future. The Enforcement of Claims Act section 1 -9 applies 
correspondingly. A peti tion to impose an exit permit restriction shall be submitted to the district 
court in the judicial district where the defendant lives or is residing.  
(2) A petition for interim measures against the State or a county authority can also be submitted to 
the district court in the judicial district where the defendant has his ordinary venue.  
(3) If a legal action in respect of the claim that is the subject of the petition for provisional security 
has been brought before another court or a conciliation board, th e petition shall be submitted to 
such court.  
 
Section 32 -5 The petition  
(1) A petition for provisional security shall be submitted in a pleading or orally.  
(2) The petition shall state the claim in respect of which provisional security is sought and the ba sis 
for security. A petition for arrest shall state the amount of the claim and a maximum limit. The 
petition shall also contain an account of the circumstances invoked by the petitioner.  
(3) Documents that the petitioner invokes and that are in his posses sion should be attached to the 
petition.  
 
Section 32 -6 Provisional review  
If the court on its own motion must summarily dismiss the case, it shall immediately make a ruling 
to this effect. If the deficiency can be rectified, the defendant shall be granted a time limit within 
which to rectify it. If the deficiency is not rectified, the case shall be summarily dismissed.  
 
Section 32 -7 Court proceedings  
(1) The court shall rule on the petition for provisional security by interlocutory order after the 
parties h ave been summonsed to an oral hearing. The court shall summarily dismiss the petition if 
the petitioner is absent from the court hearing and the court has not been informed or it is not 
likely that the petitioner is lawfully absent. If the court has been i nformed or it is likely that the 
petitioner is lawfully absent, the case shall be adjourned. The court can adjourn the case if the 
defendant is absent and the court is informed or it is likely that the defendant is lawfully absent.  
(2) If a delay poses a risk, an interlocutory order to grant arrest can be made without an oral 
hearing.  
(3) A petition can be dismissed immediately if on the basis of the statement of claim in the petition 
the court finds that it has no power to allow the petition.  
 
Section 32 -8 Subsequent oral hearing  
(1) If the court has ordered provisional security without an oral hearing, the parties and any other 
person who is affected by the order can require a subsequent oral hearing on the security. A 
subsequent oral hearing can also be required in respect of an order for costs. If a subsequent oral 
hearing can be required pursuant to this section, the ruling cannot be appealed.  
(2) The court can uphold, amend or dismiss its first decision either in whole or in part and can 
make its affir mation or amendment conditional upon the provision of security. The ruling shall be 
made by interlocutory order.  
   
 92 Section 32 -9 Contemporaneous adjudication of the main claim  
(1) In a case concerning provisional security, the petitioner or the defendant ca n bring the main 
claim in for adjudication by the district court if the main claim  
a) can safely be determined at the same time as the petition for provisional security,  
b) will not delay the determination of the provisional security, and  
c) does not requ ire different preparation.  
(2) An application to include the main claim in the adjudication shall be determined by way of 
decision. A decision to allow the main claim to be included in the adjudication can subsequently be 
reversed if it transpires that the  conditions in subsection (1) are not fulfilled.  
(3) The court shall normally disallow the contemporaneous adjudication of the main claim if in the 
adjudication of the provisional security the court finds that there is no basis for security and the 
applica tion for adjudication of the main claim is made by the petitioner alone. The court can also in 
other circumstances disallow adjudication of the main claim if it considers this justified.  
(4) If the main claim is not adjudicated following a reversal decisio n pursuant to subsection (2) or 
because it is disallowed pursuant to subsection (3), the party who applied to have the main claim 
adjudicated can, within a time limit fixed by the court, require the court to hear the claim as a 
separate case. If a differen t court would have had jurisdiction to hear the main claim as a separate 
legal action, the court can decide that the main claim shall be heard by such court.  
 
Section 32 -10 Liability for costs in case of provisional security  
The court can make an order for  costs also in cases that are determined without the parties being 
summonsed to an oral hearing. If an order for costs is made in a case concerning arrest, the costs 
shall be included in the amount in respect of which arrest is taken.  
 
Section 32 -11 Compen sation in cases of provisional security  
(1) If provisional security is discharged or lapses and it transpires that the petitioner’s claim did not 
exist when the security was ordered, the petitioner shall compensate any loss that the defendant 
has sustained  as a result of the security or as a result of measures that have been necessary to 
repel the security or have it discharged. The same applies if it transpires that the petition in other 
respects was unjustified because false or misleading information on t he basis for security was given 
in the case either intentionally or negligently. Where an interim measure is granted to secure a 
main claim based on violation of provisions for the protection of the environment and the grounds 
for the order are that the cl aim has been proven, cf. section 34 -2(1) and the order is made 
following an oral hearing, cf. section 32 -7(1), the petitioner is only liable to compensate the costs 
referred to in the first sentence if he knew or ought to have known that the claim did not exist 
when the order for provisional security was made.  
(2) If the security consists of an exit permit restriction, the court can, either instead of or in 
addition to compensation for economic loss, order the petitioner to pay a reasonable sum of money 
to the defendant as compensation for tort and other non -economic loss. The court can do the same 
in other cases if the order for security was made because false or misleading information was given 
in the case either intentionally or negligently.  
(3) A claim for compensation pursuant to this section can be brought before the district court in a 
case to discharge the security or in an ordinary legal action.  
 
Section 32 -12 Provision of security  
The Enforcement of Claims Act section 3 -6 applies correspondingly to  cases concerning provisional 
security.  
  
 93 Section 32 -13 Lapse of security  
(1) In a case concerning provisional security, a petitioner who has provided security for his 
potential liability for compensation to the defendant can apply for its release when more  than three 
months have elapsed after the defendant received notice that the security had lapsed or been 
discharged and no claim for compensation has been brought.  
(2) The Enforcement of Claims Act section 3 -7(3) applies correspondingly.  
 
Chapter 33 Arrest  
Section 33 -1 Introduction  
(1) Arrest can be made of the debtor’s assets or, in special cases, by imposition of an exit permit 
restriction on the debtor. Sections 33 -2 to 33 -10 apply to arrest of assets. Sections 33 -11 to 33 -14 
apply to exit permit restric tions, and sections 33 -2 to 33 -10 apply to exit permit restrictions to the 
extent they are appropriate.  
(2) Monetary claims against the State, a municipal authority, a county authority, an inter -municipal 
company or a regional health corporation cannot be secured by arrest.  
 
Section 33 -2 Basis for security for arrest of assets  
(1) Assets can be arrested if the debtor’s conduct gives grounds to fear that enforcement of the 
claim would otherwise be evaded or considerably impeded or would have to take place ou tside the 
realm.  
(2) The debtor may obtain security for a monetary claim notwithstanding that it has not fallen due 
or is not conditional provided that the claim for this reason is not worthless.  
(3) Certain ships and aircraft can be arrested without a spe cial basis for security if the petitioner 
holds a lien in the ship or aircraft that has fallen due for payment. As regards aircraft, this shall 
nevertheless only apply if the petitioner has a basis for security for the lien claim.  
 
Section 33 -3 Proving the  claim and the basis for security  
(1) Arrest is only permissible if the claim in respect of which the petition for arrest is made and the 
basis for security are proven on a balance of probabilities. The court may as a condition for the 
execution of arrest decide that the petitioner shall provide security as may be determined by the 
court for any compensation to the defendant for which the petitioner may be found liable.  
(2) If delay poses a risk, the court may order arrest notwithstanding that the l petitio ner’s claim is 
not proven. In that case, the court shall as a condition for the execution of the arrest require the 
petitioner to provide security.  
 
Section 33 -4 The arrest order  
(1) The ruling of the court shall state the names of the parties, the amount of the claim with a 
maximum limit and the basis for security. If arrest is granted, the court may also state the assets 
to be arrested. If the court has ordered the petitioner to provide security for execution of the arrest 
and has stated the assets to be arrested, it shall also fix a time limit for the provision of security.  
(2) On application by the defendant, the court shall in the ruling or in a subsequent ruling fix a 
time limit for the petitioner to bring a legal action on the claim or, if the petitio ner already has a 
basis for execution of its claim, to petition for enforcement. A foreign legal action shall be equated 
with a legal action in Norway if the ruling of the foreign court is binding in Norway.   
 94 (3) The court shall inform the defendant of his right to avoid execution of the arrest by providing 
security for the petitioner’s claim. If arrest is granted without an oral hearing, the court shall 
inform the parties of their right to demand a subsequent oral hearing.  
 
Section 33 -5 Execution of arrest  
An arrest shall be executed immediately. If the petitioner is ordered to provide security, the arrest 
shall be executed as soon as the court receives notification that security has been provided. 
Execution includes deciding which asset shall be arrested i f this has not already been decided 
pursuant to section 33 -4(1), establishing legal protection for the claim and notifying the parties of 
the result of the execution. The court can in whole or in part assign execution of the arrest to the 
execution officer  in any judicial district. If the court assigns to the execution officer the task of 
deciding which asset shall be arrested, it can decide which asset the execution officer should 
preferably seek.  
(2) The Enforcement of Claims Act sections 5 -5 to 5 -10, 5 -13 to 5 -16, 5 -19, 7 -8, 7-9 and 7 -12 
apply correspondingly to execution of an arrest. If the asset to be arrested is to be decided on, the 
Enforcement of Claims Act sections 7 -18, 7-19 and 7 -25 shall also apply. If the ruling has not been 
served on the defen dant beforehand, it shall be served at the arrest or, if that is not possible, 
immediately thereafter.  
(3) The defendant can always avoid execution of the arrest by providing security for the 
petitioner’s claim.  
 
Section 33 -6 Choice of asset  
(1) Any asset that can be the subject of an execution lien can be arrested. Monetary claims that 
can be the subject of an attachment of earnings order pursuant to the Creditors Security Act 
section 2 -7 can be arrested provided that one month has elapsed since the defend ant could have 
received payment. The asset that is chosen must give the petitioner satisfactory security for the 
arrest claim and take proper account of the defendant’s interests. The Enforcement of Claims Act 
sections 7 -13 to 7 -16 apply correspondingly.  
(2) If the court grants arrest without an oral hearing and the petition is for arrest in a specific asset 
that can be arrested, the said asset shall be arrested. However, this shall not apply if the court 
finds it clear that the petitioner would receive sat isfactory security and it must be assumed to be in 
the defendant’s interest to arrest a different asset.  
 
Section 33 -7 The effect of the arrest, protection against third parties etc  
(1) The effect of arrest is that the debtor loses the right to dispose of the asset to the disadvantage 
of the petitioner. The debtor’s right of disposal shall be governed by the rules applicable to 
execution liens.  
(2) The arrest shall have protection against the defendant’s legal transactions in accordance with 
the provisions for execution liens in the Liens Act. The Enforcement of Claims Act section 7 -20 
applies to the establishment of protection against third parties etc.  
(3) Arrest of an asset does not entitle the petitioner to demand settlement by distraint. If 
necessary to  prevent considerable loss in value, the court can on application from the petitioner 
decide by interlocutory order that the petitioner shall be entitled to petition for settlement by 
distraint. The Enforcement of Claims Act sections 8 -19(3) and 11 -36(3) a pply to the share of the 
proceeds that cover the arrest claim.  
 
Section 33 -8 Special provisions for arrest of aircraft  
The Maritime Code section 95(2) and (3) apply correspondingly to arrest of aircraft. However, this 
does not apply if the aircraft is enga ged in regular service that is open to the public or if the aircraft 
is otherwise employed in the commercial carriage of passengers or goods and the aircraft is ready  
 95 for departure and the petition for arrest does not relate to a claim that is associated w ith the 
journey.  
 
Section 33 -9 Discharge of arrest etc  
(1) The defendant can apply for the arrest to be discharged in whole or in part if new evidence is 
submitted or new circumstances emerge that prove that the claim or the basis for security does not 
exist. The same applies if the petitioner brings legal action or enforcement proceedings and 
thereafter improperly delays the proceedings.  
(2) An application for discharge pursuant to subsection (1) shall be submitted to the court that has 
granted the arrest . If legal action has been brought, the application can always be submitted to the 
court that hears the legal action. The decision shall be made by interlocutory order. An 
interlocutory order that discharges an arrest shall not become effective until it is  final and 
enforceable unless the defendant provides security for the claim.  
(3) The defendant can apply for the execution of an arrest to be discharged by providing security 
for the claim. Subsection (2) applies correspondingly.  
 
Section 33 -10 Lapse of ar rest and extension of time limits  
(1) The arrest shall lapse without being discharged when:  
a) execution is levied on the arrested asset for the petitioner’s claim,  
b) the court has given the petitioner a time limit for providing security, for bringing a l egal action in 
relation to the claim or for applying for enforcement of the claim, and the time limit is exceeded,  
c) no time limit has been fixed for bringing a legal action or for applying for enforcement, and legal 
action is not brought or enforcement i s not applied for one year after the court granted the arrest 
order,  
d) the defendant settles the monetary claim, or it lapses in another way, or the defendant is found 
not to be liable for the claim by a final and enforceable decision,  
e) the petitioner a bandons his right in the arrest, or  
f) the petitioner has obtained an enforcement judgement for the claim and execution is not claimed 
within one month after the judgement became final and enforceable.  
(2) The parties can apply for an extension of the time  limits in subsection (1) (b), (c) and (f). 
Section 33 -9(2) applies correspondingly. An extension of time can only be granted if the application 
is received before the time limit expires. A new extension of time can be granted pursuant to the 
same rules.  
(3) If the arrest has lapsed, the petitioner shall in writing abandon his rights pursuant to the arrest. 
The defendant can require the court to rule that the arrest has lapsed. Section 33 -9(2) applies 
correspondingly.  
 
Section 33 -11 Basis for security for e xit permit restriction  
(1) The court can impose an exit permit restriction if the debtor is in the process of leaving the 
realm under circumstances where it is uncertain whether he will return. An exit permit restriction 
can only be granted when it is nece ssary to secure enforcement and arrest of assets does not give 
the petitioner sufficient security. An exit permit restriction cannot be granted when having regard 
to the nature of the case and the circumstances generally it would be a disproportionate 
intervention.  
(2) An exit permit restriction cannot be granted against a person who has no permanent address in 
Norway for a claim that cannot be brought before a Norwegian court.   
 96  
Section 33 -12 The ruling of the court, subsequent oral hearing  
(1) The ruling o n the exit permit restriction shall, instead of information about the arrested asset 
pursuant to section 33 -4, state that the debtor is subject to an exit permit restriction and is not 
forbidden to leave the country. It shall contain an order to confiscate  the debtor’s passport.  
(2) If necessary, and in particularly serious circumstances, the court can decide that the debtor 
shall be held on remand in custody or be subject to other restrictions in his personal liberty. If in 
these cases there has been no or al hearing, the court shall on its own motion summons the parties 
to a subsequent oral hearing.  
 
Section 33 -13 Execution of the permit restriction  
If in the course of execution of a ruling on exit permit restriction it is discovered that the defendant 
owns assets that can be arrested, the authority in charge of the execution of the exit permit 
restriction shall arrest the asset instead.  
 
Section 33 -14 Lapse of exit permit restriction  
In addition to the grounds for lapse in section 33 -10(1)(b), (c), (d), (e)  and (f), remand in custody 
or other restriction in the debtor’s personal liberty shall lapse after three months unless the court 
has decided that it shall lapse at an earlier date.  
 
Chapter 34  Interim measures  
Section 34 -1 Basis for security  
(1) The court  can grant an interim measure when  
a) the defendant’s conduct makes it necessary to provisionally secure the claim because the action 
or execution of the claim would otherwise be considerably impeded, or  
b) the court finds it necessary to make a temporary  arrangement in a disputed legal issue in order 
to avert considerable loss or inconvenience, or to avert violence which the conduct of the 
defendant gives An interim measure cannot be granted if the loss or inconvenience to the 
defendant is clearly disprop ortionate to the interests of the petitioner in the interim measure being 
granted.  
 
Section 34 -2 Proving the claim and the basis for security  
(1) An interim measure can only be granted if the claim in respect of which the petition for an 
interim measure is  made and the basis for security are proven on a balance of probabilities. The 
court may decide that an interim measure shall only become effective and be executed if the 
petitioner provides security as may be determined by the court for any compensation t o the 
defendant for which the petitioner may be found liable.  
(2) If delay poses a risk, the court may grant an interim measure notwithstanding that the 
petitioner‘s claim is not proven.  
(3) Where an interim measure is granted to secure a main claim based  on violation of provisions 
for the protection of the environment, the petitioner cannot be ordered to provide security referred 
to in subsection (1) if the interim measure is made following an oral hearing and the claim is 
proven.  
 
Section 34 -3 Rulings on  interim measures   
 97 (1) An interim measure can order the defendant to perform something, refrain from doing 
something or tolerate something, or can decide that an asset shall be taken out of the defendant’s 
possession and taken into custody or administration . An interim measure cannot decide that the 
defendant shall be held on remand in custody or be subject to other restrictions in his personal 
liberty.  
(2) The ruling of the court on the interim measure shall state the names of the parties, the 
petitioner’s claim and the basis for security. If the court grants an interim measure, it shall also fix 
the precautionary measures that it finds necessary. At the same time, the court shall determine 
how the interim measure shall be executed. The court can decide when  the interim measure shall 
enter into force and its duration. If the petitioner is required to provide security as a condition for 
an interim measure to become effective and for its execution, the court shall fix a time limit for the 
provision of security.  The court can decide that the interim measure shall not become effective and 
be executed if the defendant provides security for any compensation to the petitioner for which he 
may be found liable.  
(3) The court can in the ruling, or on application by the defendant in a subsequent ruling, fix a time 
limit for the claimant to bring a legal action on the claim. A foreign legal action shall be equated 
with a legal action in Norway if the ruling of the foreign court is binding in Norway.  
(4) If an interim measu re is granted without an oral hearing, the court shall inform the parties of 
their right to demand a subsequent oral hearing.  
 
Section 34 -4 Execution of an interim measure  
(1) An interim measure shall be executed pursuant to the rules in the Enforcement of  Claims Act 
Chapter 13 II to VI. The interim measure shall be executed as soon as the petitioner petitions for 
execution. The petition shall be lodged with the court. A petition for execution measures that are to 
be performed by the enforcement officer can  be lodged directly with the appropriate enforcement 
officer. If the petition is lodged with the court and the execution measures require execution 
proceedings to be held outside the court’s office, the court can assign the performance of the 
execution mea sures to the appropriate enforcement officer.  
(2) If the petitioner has been ordered to provide security for an interim measure, the interim 
measure shall not enter into force and cannot be executed until the court has given notice to the 
defendant that se curity has been provided, unless the court has decided otherwise.  
(3) The Enforcement of Claims Act sections 5 -5 to 5 -10, 5 -13 to 5 -16 and 5 -19 apply 
correspondingly to execution proceedings that are held outside the court’s office. If the order 
imposing t he interim measure has not been served on the defendant beforehand, it shall be served 
at the execution hearing or, if that is not possible, immediately thereafter.  
(4) If the interim measure relates to a right in an asset that is registered in an asset re gistry, or if 
it limits the defendant’s right of disposal of an asset that is registered in an asset registry, the 
court can decide that the interim measure shall be registered in connection with the execution. The 
same applies to rights that are registere d in a securities register or in a special intellectual property 
rights register.  
(5) If an interim measure orders an asset to be taken into custody and title to the asset is in 
dispute, any returns on the asset shall be paid to the court, which shall inve st the funds in a 
Norwegian bank on the best possible interest terms until the case is determined.  
 
Section 34 -5 Stay of interim measures etc  
(1) The defendant can apply for a stay or limitation of the interim measure if new evidence is 
submitted or new ci rcumstances emerge that prove that the claim or the basis for security does not 
exist. The same applies if the petitioner brings legal action or enforcement proceedings and 
thereafter improperly delays the proceedings.  
(2) Both parties can apply to the cou rt to make new decisions on how an interim measure shall be 
executed and when it shall become effective, and on the provision of security.   
 98 (3) An application pursuant to subsections (1) and (2) shall be submitted to the court that has 
granted the interim m easure. If legal action has been brought, the application can always be 
submitted to the court that hears the legal action. The decision shall be made by interlocutory 
order. An interlocutory order that grants a stay of an interim measure shall not become effective 
until it is final and enforceable unless the defendant provides security for the claim.  
 
Section 34 -6 Lapse of interim measures and extension of time limits  
(1) An interim measure shall lapse without being stayed when:  
a) a time limit on the dura tion of the interim measure has expired,  
b) the court has given the petitioner a time limit for providing security or for bringing a legal action 
in relation to the claim, and the time limit is exceeded,  
c) the claim has been determined by a final and enfo rceable judgement,  
d) the defendant satisfies the claim, or it lapses in another way, or  
e) the petitioner abandons his right pursuant to the interim measure.  
(2) The parties can apply for an extension of the time limits in subsection (1) (a) and (b). Sec tion 
34-5(3) applies correspondingly. An extension of time can only be granted if the application is 
received before the time limit expires. A new extension of time can be granted pursuant to the 
same rules.  
(3) If the interim measure has lapsed, the petit ioner shall in writing abandon his rights pursuant to 
the interim measure. The defendant can require the court to rule that the interim measure has 
lapsed. Section 34 -5(3) applies correspondingly.  
Section 34 -7 Special provisions concerning interim measures  to secure intellectual property rights  
(1) As an interim measure against the consignee or its representative, the court may order that the 
customs authorities shall detain goods under their control when importing or exporting the goods 
will constitute an  infringement of an intellectual property right as mentioned in the Dispute Act 
Section  28A-1 first paragraph first sentence. The court may order this even though the consignee 
or the consignee's representative is unknown. In such case, the interim measure shall be decided 
without convening an oral hearing, and no deadline shall be set for the plaintiff to bring a legal 
action in pursuance of the claim. From such time a s the customs authorities detain goods in 
accordance with the interim measure, the consignee or its representative will have the status of 
defendant.  
(2) In addition to this Act, the provisions of the Customs Act Sections 15 -1 to 15 -5 shall also apply 
to interim measures pursuant to this section. Section 34 -4 does not apply.  
(3) This section applies correspondingly to the importation or exportation of goods that violate the 
Marketing Control Act Section  30, and to the importation or exportation of goods that violate the 
Marketing Control Act Sections 25  and 26, when the violation consists of copying another person's 
product, distinguishing mark, advertising materials or other produced items.  
 
Part VIII - Special types of procedure  
Chapter 35. Class actions  
Section 35 -1 Scope. Definitions  
(1) This Chapter contains special rules for dealing with class actions before the district court and 
for appeals against rulings in class actions.  
(2) A class action is an action that is brought by or direct ed against a class on an identical or 
substantially similar factual and legal basis, and which is approved by the court as a class action.  
(3) Class procedure is the set of special procedural rules for class actions.   
 99 (4) The class comprises the legal per sons who have claims or obligations that fall within the scope 
of the class action as defined by the court and who are included in the action pursuant to sections 
35-6 or 35 -7.  
(5) Class members are the individual legal persons in the class.  
(6) The clas s register is the register of class members maintained pursuant to section 35 -6.  
(7) The class representative is the person who acts on behalf of the class in the action pursuant to 
section 35 -9(1) to (3).  
 
Section 35 -2 Conditions for class actions  
(1) A class action can only be brought if  
a) several legal persons have claims or obligations whose factual or legal basis is identical or 
substantially similar,  
b) the claims can be heard by a court with the same composition and in the main pursuant to the 
same procedural rules,  
c) class procedure is the most appropriate way of dealing with the claims, and  
d) it is possible to nominate a class representative pursuant to section 35 -9.  
(2) Only persons who could have brought or joined an ordinary legal acti on before the Norwegian 
courts may be class members.  
 
Section 35 -3 Bringing the action  
(1) A class action may be brought by  
a) any person who fulfils the conditions for class membership if approval to bring the action is 
granted, or  
b) an organisation,  an association or a public body charged with promoting specific interests, 
provided that the action falls within its purpose and normal scope pursuant to section 1 -4.  
 (2) The action shall be brought by submission of a writ of summons to a district court  before which 
a person who qualifies for class membership could have brought an ordinary legal action.  
(3) The writ of summons shall contain the information that is necessary for the court to assess 
whether the conditions for a class action are fulfilled and to rule on the issues in section 35 -4(2). 
The writ of summons shall state whether the class action is brought pursuant to section 35 -6 or 
section 35 -7.  
 
Section 35 -4 Approval of class actions  
(1) The court shall as soon as possible decide whether to approve or reject the class action.  
(2) If the class action is approved, the court shall in its ruling  
a) describe the scope of the claims that may be included in the class action,  
b) decide whether the class action shall proceed pursuant to section 35 -6 or pursuant to section 
35-7,  
c) in class actions pursuant to section 35 -6, fix a time limit for registration on the class register,  
d) where appropriate, fix a maximum liability and an advance on costs pursuant to section 35 -6(3), 
and   
 100 e) nominate a cl ass representative.  
(3) If, in the further hearing of the case, it transpires that it is clearly inappropriate to hear the 
case pursuant to the class procedure or that the scope of the claims in the class action ought to be 
redefined, the court may on its  own motion reverse or amend its ruling. Parties who are then no 
longer included in the class action may, within one month after the ruling for reversal or 
amendment becomes final and enforceable, require the court to continue to hear their claims as 
individual actions.  
(4) Rulings pursuant to subsections (1) to (3) shall be made by interlocutory order. Section 29 -
3(2) does not apply to appeals.  
 
Section 35 -5 Notice of approved class action  
(1) After a class action has been approved, the court shall by n otice, announcement or other 
method ensure that the class action is made known to those who may join it or who are class 
members pursuant to section 35 -7.  
(2) The notice or announcement shall clearly state what the class action and the class procedure 
implies, including the consequences of registering or deregistering as a class member, the potential 
liability for costs that may be incurred and the authority of the class representative to settle the 
action. The notice shall state the time limit for registe ring on the class register.  
(3) The court shall decide the contents of the notice, how notice shall be given etc., including 
whether the class representative shall take charge of issuing the notice or announcement and 
paying the expenses thereof.  
 
Sectio n 35-6 Class actions that require registration of class members  
(1) The class action shall only include those persons who are registered as class members, unless 
the action is brought pursuant to section 35 -7. Persons who have claims that fall within the scope 
of the class action can register as class members.  
(2) An application for registration shall be submitted within the time limit. At any time before the 
main hearing, the court may in special cases approve delayed registration unless regard for the 
other parties strongly suggests otherwise.  
(3) On application from the person who has brought the class action or the class representative, 
the court can decide that registration shall be subject to the class members accepting liability for a 
specified max imum amount of costs pursuant to section 35 -14. The court may also on application 
decide that all or part of the amount shall be paid to counsel for the class before registration.  
(4) The class register shall be maintained by the court. The Courts Adminis tration can issue more 
detailed regulations on the class register.  
 
Section 35 -7 Class actions that do not require registration of class members  
(1) The court can decide that persons who have claims within the scope of the class action shall be 
class mem bers without registration on the class register, if the claims  
a) on their own involve amounts or interests that are so small that it must be assumed that a 
considerable majority of them would not be brought as individual actions, and  
b) are not deemed t o raise issues that need to be heard individually.  
(2) Persons who do not wish to participate in the class action may withdraw pursuant to section 
35-8. The court shall maintain a register of withdrawals. The rules in section 35 -6 (4) apply 
correspondingl y. 
  
 101 Section 35 -8 Withdrawal of class membership  
(1) Anyone may withdraw as a class member. Withdrawal is effected by deregistration from the 
class register or by record in the withdrawal register. Withdrawal shall take effect when notification 
of withdrawa l is received by the court. A class member cannot withdraw after his claim has been 
determined by a final and enforceable ruling.  
(2) Before the case is determined on its merits by a judgement that is binding on the class 
members pursuant to section 35 -11, a class member may withdraw without waiving his 
substantive claim.  
(3) If a class member withdraws after the case has been determined on its merits by a judgement 
that is binding on the class members pursuant to section 35 -11(2), the further hearing of the case, 
if any, shall continue before the court pursuant to the rules on general procedure or small claims 
procedure. If the claim of a class member who has withdrawn has been determined by the court, 
any application for review must be made by way of ind ividual notice of appeal. The time limit for 
appeal is one month after the expiry of the time limit for appeal for the class. However, if the class 
has appealed, an individual appeal may be filed after the time limit has expired. In that case, the 
notice o f appeal must be filed at the same time as the notice of withdrawal from the class, and the 
appeal must fall within the scope of the appeal brought by the class.  
(4) Unless otherwise stated in the appeal, an appeal from the opposite party of the class sha ll 
include all persons who were members of the class when judgement that was binding on the class 
members pursuant to section 35 -11 was pronounced.  
(5) A person who has brought a claim by way of individual action shall for the purpose of the above 
provisio ns be deemed to have withdrawn from the class action. In actions pursuant to section 35 -7, 
this effect shall lapse if the individual action is quashed.  
 
Section 35 -9 Rights and obligations in the class action. Representation  
(1) The class representative s hall safeguard the rights and obligations of the class in the class 
action. The class representative shall ensure that the class members are kept properly informed 
about the class action. This applies in particular to procedural steps and rulings that may have 
consequences for the class members’ claims.  
(2) Any person who can bring a class action pursuant to section 35 -3(1), and who is willing, may 
serve as class representative.  
(3) The class representative shall be appointed by the court. The representati ve must be able to 
safeguard the interests of the class in a satisfactory manner and to account to the opposite party 
for the class’s potential liability for costs. If necessary, the court may revoke the appointment of a 
class representative and appoint a new one. Section 35 -4(4) applies correspondingly to rulings on 
revocation and new appointment of class representatives.  
(4) The class shall be legally represented by counsel who shall be an advocate. In special cases, 
the court may grant exemptions from t his requirement.  
 
Section 35 -10 Issues in dispute that only relate to one or a limited number or class members. 
Subgroups  
(1) The court can decide that the provisions on class actions shall not apply to the hearing of issues 
in the dispute that only rela te to a limited number of class members. In that case, the class 
members themselves shall have control over the issues. The court shall determine the order in 
which the various issues shall be heard. The court should normally hear the issues that relate to  
the class as a whole before it deals with specific issues that relate to one or a limited number of 
parties.  
(2) The court can decide that subgroups shall be established if the class consists of a large number 
of class members and the same or substantial ly similar legal or factual issues apply to several of 
them but differ from the issues that apply to the class as a whole. The provisions of this Chapter  
 102 apply correspondingly to the establishment of subgroups and to the hearing of the issues for which 
they are established.  
 
Section 35 -11 Rulings on claims raised in the class action. Settlement  
(1) Rulings on claims raised in the class action shall be binding on persons who are class members 
at the time of the ruling.  
(2) The court may split the adjudica tion and rule first on the claims of one or some of the class 
members if it would be impractical to rule on the merits in respect of the claims of all of the class 
member at the same time because of the objections and contentions that are made. In subseque nt 
proceedings, the court shall follow the first judgement without reviewing it in so far as it is not 
contended that there are special reasons for deviating from the ruling. This does not apply to the 
determination of factual and legal circumstances again st which the class members cannot apply for 
review by way of appeal.  
(3) A settlement in a class action pursuant to section 35 -7 requires the approval of the court. 
Section 35 -4(4) apply correspondingly to rulings on approval.  
 
Section 35 -12 Costs  
(1) The class representative has a right and a duty in respect of the costs of the class action.  
(2) If there is a change of class representative, the court shall decide how the right and duty in 
respect of costs shall be allocated between them.  
(3) Subsectio ns (1) and (2) do not apply to costs in respect of issues in dispute pursuant to section 
35-10(1).  
 
Section 35 -13 Remuneration  
(1) The class representative is entitled to remuneration for his work and to a refund of his 
disbursements, including the fees and disbursements of legal counsel. The remuneration and 
refund of expenses shall be determined by the court. Section 20 -9 applies.  
(2) A claim for the class representative’s costs can be made against the opposite party to the 
extent that the opposite part y is ordered to pay costs, or against the class members within the 
limitations of section 35 -14.  
 
Section 35 -14 The financial liability of the class members etc.  
(1) Class members in actions pursuant to section 35 -6 are liable towards the class represent ative 
for costs imposed on him pursuant to section 35 -12 and for remuneration and refund of 
disbursements determined by the court pursuant to section 35 -13 in so far as such liability is a 
condition for registration. Any amount that is not prepaid shall be  paid to legal counsel for the 
class.  
(2) Former class members who are excluded from the class pursuant to section 35 -4(3) are not 
liable for costs pursuant to subsection (1). Amounts that are prepaid pursuant to section 35 -6(3) 
shall be refunded. Former class members who have withdrawn from the class by deregistration are 
liable pursuant to subsection (1) unless the court determines otherwise. In making its decision, the 
court shall have regard to the consequences that exemption from liability will have f or the class 
representative, and whether liability would be unreasonably onerous for the class member who has 
withdrawn, having regard amongst other things to the time of withdrawal.  
(3) After he has settled his own fees and disbursements, counsel for the  class shall transfer any 
amounts paid pursuant to subsection (1) to settle any costs awarded to the opposite party of the 
class before payment is made to cover the class representative’s costs.   
 103  
Section 35 -15 A class as respondent  
Where the class compri ses parties who are defendants in an action, sections 35 -1 to 35 -14, except 
section 35 -7, apply correspondingly to the extent they are appropriate.  
 
Chapter 36. Cases concerning administrative decisions on coercive measures in the 
health and social servic es  
Section 36 -1 Scope  
(1) The provisions of this Chapter apply to legal actions which pursuant to special statutory 
provisions may be brought for judicial review of administrative decisions on coercive measures 
against individuals. Other claims cannot be  included in the action.  
(2) An action pursuant to the provisions of this Chapter cannot be brought after the administrative 
decision has lapsed. An action for judicial review shall be quashed if the decision lapses after the 
action has been brought.  
(3) Renewed judicial review may only take place after a renewed administrative hearing.  
 
Section 36 -2 How and where legal action shall be brought. The effects of legal action  
(1) Legal action shall be brought by submission of a claim for judicial review to the authority that 
made the decision. The relevant authority shall immediately forward the claim for judicial review to 
the court together with the documents relating to the case.  
(2) The action shall be heard by the district court in the judicial distric t where the private party is 
located according to the administrative decision or where he has his ordinary venue or had his 
ordinary venue before the decision was implemented.  
(3) Legal action shall not prevent the implementation or continuance of the dec ision unless the 
court decides otherwise by interlocutory order. Suspension of the decision does not imply that the 
decision shall lapse.  
 
Section 36 -3 The parties and procedural capacity  
(1) The legal action shall be brought by the person against whom t he decision is directed or by any 
person who pursuant to special statutory provision is empowered to bring such action.  
(2) The person against whom the decision is directed may bring a legal action on his own if he is 
able to understand what the case is a bout. Notwithstanding, minors below 15 years of age can only 
bring a legal action on their own if provided by special statutory provision.  
(3) The legal action shall be directed against the State, represented by the Ministry. If the case 
concerns a decisi on made by the County Committee for Social Affairs, the legal action shall be 
directed against the municipal authority. If the municipal authority is the claimant, the legal action 
shall be directed against the private party or parties to the challenged de cision.  
 
Section 36 -4 The composition of the court. Expert panel  
(1) The district court shall sit with two lay judges, of whom one shall be an ordinary lay judge and 
the other shall be an expert. In special cases, the court may sit with two professional j udges and 
three lay judges, of whom one or two shall be experts.  
(2) The King can establish one or more panels of person with expertise in cases to be heard 
pursuant to this Chapter.  
  
 104 Section 36 -5 The hearing and review by the court  
(1) The date of the main hearing shall be fixed immediately.  
(2) The case shall be given priority and shall be heard as swiftly as regard for the proper conduct of 
the case permits.  
(3) The court shall review all aspects of the case, subject to any limitations in the releva nt statute.  
 
Section 36 -6 Party rights etc. of the private party  
(1) The court may refrain from taking an affirmation from the private party.  
(2) Personal examination of the private party may be omitted if the court finds this to be 
unproblematic.  
(3) The court can decide that the private party shall be denied access to documentation or be 
excluded from the proceedings to the extent that it finds this necessary because of his state of 
health or his youth. In such case, the presiding judge or the private  party’s counsel or party 
representative shall inform the party of the main contents of the documents or the proceedings to 
the extent that such information is relevant to the case.  
(4) The private party shall be informed of the rulings of the court and t he rules for appeal in a 
manner to be determined by the court.  
 
Section 36 -7 Access to documentation and court hearings  
(1) The public shall not have access to the documents relating to the case.  
(2) Court hearings shall be held in camera. Court hearing s may nevertheless in whole or in part be 
held in open court if requested by the private party and the court finds this unproblematic having 
regard to the clarification of the case and the interests of the private party and other persons.  
 
Section 36 -8 The expenses relating to the case  
All expenses relating to the case shall be borne by the State unless otherwise provided by specific 
statutory provision.  
 
Section 36 -9 Anticipatory effect etc.  
(1) A judgement that provides that the administrative decision  concerning the exercise of coercion 
shall cease shall enter into force immediately.  
(2) If particularly weighty reasons exist, the court may nevertheless decide in the judgement that 
it shall not have anticipatory effect. The decision may only be appeale d within the limits laid down 
in section 29 -3(3).  
 
Section 36 -10 Appeal  
(1) Section 29 -9(3) and (4) do not apply to appeals from the private party.  
(2) Section 36 -2(3) on suspension applies correspondingly to appeals against judgement. If the 
appeal is against a judgement that provides that the administrative decision concerning the 
exercise of coercion shall cease, the appellate court may by interlocutory order decide that the 
administrative decision shall remain in force until a final and enforceable r uling is in place. The 
appellate court may reverse a ruling pursuant to section 36 -9(2) by interlocutory order.   
 105 (3) An appeal against the judgement of the district court in cases concerning the County Board’s 
decisions pursuant to the Child Welfare Servic es Act requires the leave of the court of appeal. 
Leave can only be granted if  
a) the appeal concerns issues whose significance extends beyond the scope of the current case,  
b) there are grounds to rehear the case because new information has emerged,  
c) the ruling of the district court or the procedure in the district court is seriously flawed, or  
d) the judgement provides for coercion that has not been approved by the County Board.  
(4) At the oral appeal hearing in the court of appeal, the court shall sit with two lay judges, of 
whom one shall be an ordinary lay judge and the other shall be an expert. The provisions of this 
Chapter shall otherwise apply to the appeal hearing to the extent appropriate.  
 
Part IX Entry into force and amendments in other statut es 
Chapter 37. Entry into force and amendments in other statutes  
Section 37 -1 Entry into force  
The Act shall enter into force from such time as the King decides. The King may decide that 
different provisions of the Act shall enter into force at different t imes.  
 
Section 37 -2 Transitional provisions  
The King may issue regulations on transitional provisions  
 
Section 37 -3 Amendments in other statutes  
…..