Evidence in Contemporary Civil Procedure
1st Edition
Published on 10. August 2015
Book
Paperback/Softback
XVI, 364 pages
978-1-78068-338-6 (ISBN)
Description
Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence.
Exploring these issues, the editors of this book invited the contributors to reflect on how these trends affect the situation in their countries and to present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal was to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization.
Exploring these issues, the editors of this book invited the contributors to reflect on how these trends affect the situation in their countries and to present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal was to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization.
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Content
INTRODUCTION
EVIDENCE IN CIVIL PROCEDURE: THE FUNDAMENTALS IN LIGHT OF THE 21ST CENTURY (p. 1)
FUNDAMENTAL AND OTHER PRINCIPLES OF EVIDENCE IN CIVIL LITIGATION
EVIDENCE AND THE PRINCIPLE OF PROPORTIONALITY. HOW TO GET RID OF EXPENSIVE AND TIME-CONSUMING EVIDENCE? (p. 15)
DISCLOSURE OF DOCUMENTS IN CIVIL PROCEDURE: THE PRIVILEGE AGAINST SELFINCRIMINATION OR A QUEST FOR PROCEDURAL FAIRNESS AND SUBSTANTIVE JUSTICE (p. 33)
PRECLUSION OF LATE ALLEGATIONS AND EVIDENCE AS A TOOL TO INCREASE THE EFFICIENCY OF CIVIL PROCEEDINGS IN POLAND: A SHORT STORY OF THE UGLY PAST AND THE WAY TO A BRIGHT FUTURE (p. 57)
THE 'RIGHT TO PROOF' AND THE 'LOYALTY PRINCIPLE': A FRENCH PERSPECTIVE (p. 79)
RESTRICTIONS ON THE ADMISSIBILITY OF EVIDENCE (p. 87)
TAKING LENIENCY DOCUMENTS AS EVIDENCE IN DAMAGES ACTIONS IN CASES OF COMPETITION LAW INFRINGEMENT (p. 105)
LOST IN TRANSLATION? LANGUAGE DIFFERENCES AND THEIR IMPACT ON EVIDENCETAKING IN LITIGATION (p. 125)
EVIDENCE, INFORMATION TECHNOLOGY AND PRINCIPLES OF CIVIL PROCEDURE - THE HUNGARIAN PERSPECTIVE (p. 137)
THE POTENTIAL IMPACT OF ELECTRONIC PROCEEDINGS ON TRADITIONAL PRINCIPLES OF CIVIL PROCEDURE - THE SLOVENIAN EXPERIENCE (p. 155)
TYPES OF EVIDENCE IN CIVIL LITIGATION
WITNESS TESTIMONY IN DUTCH CIVIL PROCEDURE: FACTS, FIGURES AND STATISTICAL RELATIONS (p. 173)
CURBING ADVERSARIAL EXCESSES: AN EVALUATION OF THE EXPERT EVIDENCE REGIME IN HONG KONG AFTER THE CIVIL JUSTICE REFORM (WITH A FOCUSED STUDY ON PERSONAL INJURY LITIGATION) (p. 193)
THE NEW RULES OF EXPERT EVIDENCE IN MACEDONIAN CIVIL PROCEDURE: ARE THEY A FAILED EFFORT AT REFORM? (p. 223)
EVIDENCE IN ARBITRATION AND NATIONAL CIVIL LITIGATION
EVIDENCE: LEARNING FROM ARBITRATION (p. 241)
EVIDENCE IN CIVIL PROCEDURE IN THE NETHERLANDS: TRADITION AND MODERNITY (p. 257)
TAKING OF EVIDENCE IN CROATIAN APPELLATE COURTS: WHY NO FACT-FINDING AT SECOND INSTANCE? (p. 291)
EVOLUTION OF THE POWERS OF THE JUDGE AND THE POWERS OF THE PARTIES REGARDING THE TAKING OF EVIDENCE IN SOUTH AFRICA (p. 311)
EVIDENCE IN CROSS BORDER CIVIL LITIGATION
THE 1970 HAGUE EVIDENCE CONVENTION, THE EUROPEAN UNION AND THE 2001 EU EVIDENCE REGULATION - INTERFACES (p. 335)
EVIDENCE IN CIVIL PROCEDURE: THE FUNDAMENTALS IN LIGHT OF THE 21ST CENTURY (p. 1)
FUNDAMENTAL AND OTHER PRINCIPLES OF EVIDENCE IN CIVIL LITIGATION
EVIDENCE AND THE PRINCIPLE OF PROPORTIONALITY. HOW TO GET RID OF EXPENSIVE AND TIME-CONSUMING EVIDENCE? (p. 15)
DISCLOSURE OF DOCUMENTS IN CIVIL PROCEDURE: THE PRIVILEGE AGAINST SELFINCRIMINATION OR A QUEST FOR PROCEDURAL FAIRNESS AND SUBSTANTIVE JUSTICE (p. 33)
PRECLUSION OF LATE ALLEGATIONS AND EVIDENCE AS A TOOL TO INCREASE THE EFFICIENCY OF CIVIL PROCEEDINGS IN POLAND: A SHORT STORY OF THE UGLY PAST AND THE WAY TO A BRIGHT FUTURE (p. 57)
THE 'RIGHT TO PROOF' AND THE 'LOYALTY PRINCIPLE': A FRENCH PERSPECTIVE (p. 79)
RESTRICTIONS ON THE ADMISSIBILITY OF EVIDENCE (p. 87)
TAKING LENIENCY DOCUMENTS AS EVIDENCE IN DAMAGES ACTIONS IN CASES OF COMPETITION LAW INFRINGEMENT (p. 105)
LOST IN TRANSLATION? LANGUAGE DIFFERENCES AND THEIR IMPACT ON EVIDENCETAKING IN LITIGATION (p. 125)
EVIDENCE, INFORMATION TECHNOLOGY AND PRINCIPLES OF CIVIL PROCEDURE - THE HUNGARIAN PERSPECTIVE (p. 137)
THE POTENTIAL IMPACT OF ELECTRONIC PROCEEDINGS ON TRADITIONAL PRINCIPLES OF CIVIL PROCEDURE - THE SLOVENIAN EXPERIENCE (p. 155)
TYPES OF EVIDENCE IN CIVIL LITIGATION
WITNESS TESTIMONY IN DUTCH CIVIL PROCEDURE: FACTS, FIGURES AND STATISTICAL RELATIONS (p. 173)
CURBING ADVERSARIAL EXCESSES: AN EVALUATION OF THE EXPERT EVIDENCE REGIME IN HONG KONG AFTER THE CIVIL JUSTICE REFORM (WITH A FOCUSED STUDY ON PERSONAL INJURY LITIGATION) (p. 193)
THE NEW RULES OF EXPERT EVIDENCE IN MACEDONIAN CIVIL PROCEDURE: ARE THEY A FAILED EFFORT AT REFORM? (p. 223)
EVIDENCE IN ARBITRATION AND NATIONAL CIVIL LITIGATION
EVIDENCE: LEARNING FROM ARBITRATION (p. 241)
EVIDENCE IN CIVIL PROCEDURE IN THE NETHERLANDS: TRADITION AND MODERNITY (p. 257)
TAKING OF EVIDENCE IN CROATIAN APPELLATE COURTS: WHY NO FACT-FINDING AT SECOND INSTANCE? (p. 291)
EVOLUTION OF THE POWERS OF THE JUDGE AND THE POWERS OF THE PARTIES REGARDING THE TAKING OF EVIDENCE IN SOUTH AFRICA (p. 311)
EVIDENCE IN CROSS BORDER CIVIL LITIGATION
THE 1970 HAGUE EVIDENCE CONVENTION, THE EUROPEAN UNION AND THE 2001 EU EVIDENCE REGULATION - INTERFACES (p. 335)