CODE OF CIVIL PROCEDURE IN NORWAY

This article will provide guidance on the Code of Civil Procedure in Norway. Understanding the Norwegian civil procedure rules is essential for anyone involved in a civil dispute in Norway. These rules can help protect your legal rights, ensure an efficient resolution to the dispute, and guide you through the legal process. By understanding these rules and involving the services of a private process service agency like Undisputed Legal, you can ensure that your rights are protected throughout the legal process.

The Norwegian civil procedure rules are designed to encourage the efficient resolution of disputes. The pre-trial procedure, which includes exchanging information and attempting to settle the dispute through negotiation or mediation, can often lead to a quicker and less costly resolution. If you are dissatisfied with a court's decision, you have the right to appeal the decision to a higher court. Understanding the appeals process can help determine whether to pursue an appeal and what to expect.

Even if you are unfamiliar with the Norwegian civil procedure rules, it is important to involve the services of a qualified private Norway process service agency that can guide you through the process and ensure that your papers are cared for. Since the Dispute Act is adversarial, it is up to the disputing parties to submit their facts and legal arguments. The initial casework and preparation must be submitted in writing. At Undisputed Legal, we ensure that your documents are up-to-date and accurate while serving your papers within service timelines.

BACKGROUND

District court rulings may be challenged in one of six higher courts. Each lower court of appeals has jurisdiction over a single district court. The Supreme Court hears appeals from those who disagree with the decisions of the appeals courts. Although most appeals to the Supreme Court are rejected in part because permission to appeal is necessary, the court seldom hears such cases.

The Dispute Act of 2005, which governs civil court procedures in Norway, went into effect in 2008. The Dispute Act is complemented by laws such as the Court Act of 1915, the Enforcement Act, and the Bankruptcy Act, each of which provides unique procedural procedures.

Since 2019, all lawyers have been using a digital litigation platform to communicate electronically with the courts across all levels. Because of this, court cases are increasingly reliant on digital excerpts of the textual evidence submitted via the program. Action in the Norwegian courts begins with filing a statement of claim with the appropriate district court or conciliation board. The statement of claim must fulfill specific content standards in the Dispute Act.

Our Undisputed Legal process servers verify the proper recipient of the legal documents under Norwegian law. We take the utmost care that the legal documents are properly prepared and formatted to comply with Norwegian legal requirements.

PRE-ACTION REQUIREMENTS IN NORWAY

Before filing a lawsuit, a party must provide written notice under the Dispute Act. Detailed information regarding the claim and its justification must be included in the notification. Not sending a pre-filing notice of a claim does not result in an automatic dismissal of the action.

Upon receiving a notice of claim, a prospective defendant must promptly reply to the claim and the grounds for the claim. Although there is no formal consequence for failing to respond, the court may consider the defendant's inaction when determining how much to charge for legal representation. District court summonses served by attorneys must be filed using the district court's online case management system (the ‘Aktrportalen’). The defendant must be served with the complaint and writ, and the court must establish a date for the defendant's written response (often three weeks). This must be submitted in writing through regular mail to the conciliation board. The defendant's attorney receives a written response deadline order through electronic service (usually three weeks). This order is often delivered by regular mail if the defendant does not have legal representation. In order for legal documents to be properly served in Norway, they must comply with the Norwegian civil procedure rules. By understanding these rules, you can ensure that the documents are served properly and that the service is legally valid. This is where it is preferable to involve the services of a private process server like Undisputed Legal.

The court's determination of whether or not it has jurisdiction will be based on the facts and arguments given by the parties in their pleadings. To help determine whether or not it does, the court may hold a second oral hearing. The laws of Norway will be applied to any case in the country. The Supreme Court has established as the primary rule that cases should be decided in accordance with the laws of the nation to which they are most closely related. Although if EU-rules on the choice of law are not legally obligatory in Norwegian courts, they are nevertheless taken into consideration.

Failure to comply with the Norwegian civil procedure rules can result in delays in the legal process or even the dismissal of the case. By understanding these rules and ensuring that service is properly executed, our Undisputed Legal process servers adhere to the highest requirements of due diligence in Norway. As an international process service, it is of utmost importance to comply with the legal requirements of the country where you are serving legal documents. Our experience with Norway laws and jurisdiction allows us to offer our clients reassurance as to the safety of their papers.

HOW TO START A CLAIM IN NORWAY

No more paperwork is required after the original writ and defense. Nevertheless, at the preliminary meeting that often takes place soon after the original writ and defense are filed, the court typically sets dates for subsequent submissions from the parties.. District court pretrial proceedings typically conclude two to three weeks prior to the scheduled trial date. The parties must next submit a written closing statement that succinctly outlines the claim, the basis upon which the claim is founded, the invoked legal principles, and the evidence that will be presented.

The Dispute Act requires the parties to ensure the facts underlying the dispute are properly and thoroughly stated. They must give whatever explanations and evidence are required to prove their claims. A party may also request to see evidence in the hands of another party or a third party or that the other party or third party is capable of obtaining. The court will examine three primary factors when deciding whether to grant an order to furnish evidence.

To begin with, the evidence must be relevant to the decision (the evidence has to be relevant). A request to see evidence has to be specific enough that it is obvious which piece of evidence is being sought. Finally, the burden of providing the evidence should not exceed the weight it carries.

ENFORCING JUDGMENTS IN NORWAY

The Lugano Convention on jurisdiction and the acceptance and execution of decisions in civil and commercial issues includes Norway as a contracting state. This means that decisions rendered in other countries that are also signatories to the convention are generally recognized in Norway and may be executed using the same methods as those used to enforce Norwegian judgments. This implies that decisions made in arbitration proceedings, whether inside Norway or elsewhere, have the same status as other final judgments issued by regular Norwegian courts and are thus enforceable in Norway.

According to the Dispute Act's primary rule, the losing party must pay all reasonable legal fees incurred by the party found to be the case's overall or primary victor. It is possible to make allowances or cut down. The court will make this determination based on several factors, including whether there was just cause to have the case heard, whether the prevailing party can be faulted for bringing the action, whether the prevailing party has rejected a reasonable offer of settlement, and whether the case is important to the welfare of the losing party and the relative strength of the parties justifies an exemption.

The district court will usually give the defendant three weeks from when it receives the statement of claim to submit a statement of defense. The defense statement is the place to raise any arguments for dismissal, such as challenges to the court's authority to hear the case. In most cases, the court will grant a judgment in absentia based on the plaintiff's presentation of the case and the claim if the defendant fails to submit a statement of defense within the time limit imposed by the court.

The court will set up a pre-trial conference when it has received the defense's statement of position. The time of the main hearing and if a court mediation conference has to be planned are only two of the many key procedural concerns and dates confirmed at the preliminary meeting. Unless extraordinary circumstances arise, the main hearing will take place no later than six months after the statement of claim is received.

Before attempting to serve legal papers in Norway, Undisputed Legal thoroughly researches and understands Norwegian laws and regulations regarding the service of process. We deliver your documents through reliable and secure methods of service, such as personal service or service by registered mail. Additionally, we document the service of process and provide proof of service to the party who requested the service.

SERVICE OF FOREIGN PAPERS IN NORWAY

If and to the extent permitted by the applicable local legislation, the civil process may be served outside of Norway on a person with a known foreign address in a civil issue. The Hague Service Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Cases is the most significant convention pertaining to service beyond the jurisdiction in civil proceedings that Norway has signed. This Agreement will bind Norway and the other signing countries. The 1974 Nordic Agreement on Mutual Legal Assistance in Service and Taking of Evidence governs service throughout the Nordic nations.

The primary regulation is that all service of process on Norwegian nationals outside of Norway must be handled via the Norwegian embassy or another Norwegian foreign service post. In all other cases, service is made in accordance with the appropriate international and domestic treaties and laws. In accordance with international treaties, Norwegian authorities may use the postal system to deliver legal notices to foreign parties.

The Norwegian Ministry of Justice may facilitate the service of process in jurisdictions where Norway does not have an applicable treaty governing the service of process. It will be sent from the Norwegian Ministry of Foreign Affairs to the foreign ministry of the receiving country through the Norwegian Ministry of Justice. At Undisputed Legal, we ensure that your papers adhere to all the requirements before delivering them to the Central Authority of the country.

ENFORCEMENT OF FOREIGN JUDGMENTS IN NORWAY

To the extent permitted by law or agreement with the foreign state, a final and enforceable judgment made by that foreign state's courts or administrative authorities, or the terms of an arbitration or in-court settlement, should likewise be legally enforceable in Norway.

The Lugano Agreement of 2007 is the most significant pact in terms of enforcement. Regarding enforcement, Norway has limited bilateral agreements with foreign governments. If the parties agree on a court outside of Norway to hear their civil case, that court's final and binding decision will be recognized in Norway. Section 46 of the Court Act and related treaties govern the provision of assistance to foreign courts. One of the most important rules is that all requests for help must go via the Ministry of Justice, the Central Authority.

Norway does not have a long history of using third-party lawsuit financing. Third-party fundraising is not governed by any laws or obligatory norms in Norway.

Undisputed Legal has expertise in navigating different countries' complex laws and regulations. This includes understanding the legal requirements for service of process in each country, which can vary significantly. Our Undisputed Legal process servers are experienced professionals who understand the importance of timely and reliable service of process. We have established processes and procedures for ensuring that legal documents are served promptly and accurately.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded on our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN NORWAY

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Norway process service needs; no job is too small or too large! For instructions on How To Serve Legal Papers in Norway, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

1. Based on the concept of immediacy, the court may only rule based on evidence presented at the main hearing. A trial that adheres to the idea of orality requires all papers and witness testimony to be presented orally, via the reading of documents and the testimony of witnesses.

2. But, failure to cooperate may be used as a defence to prevent the plaintiff from recovering all of their legal fees, even if the plaintiff ultimately wins

3. The district court often sees parties with attorneys representing them. Each practising attorney must first register with the courts' central case management system

4. Norway does not accept foreign judgements from jurisdictions that are not signatories to the Lugano Convention unless an appropriate convention exists between Norway and the relevant jurisdiction. Treaties of this kind are rare for Norway. On the other hand, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which was signed on June 10, 1958, has been ratified by Norway.

5. The proceedings will either take the small claims track or the regular route, depending on the facts of the case and the amount in dispute. Any matter where the amount in dispute is less than 250,000 kroner falls within the purview of the small claims process.

6. Unless the nature of the case or other circumstances indicate differently, the court is required to explore the possibility of an amicable resolution of the legal issue via mediation or judicial mediation at each level of the case.

7. Section 180 of the Court Act, as well as Regulation No. 1810 of the 11th of October 1985 on Postal Service, are the primary provisions, with related treaties providing further guidance.

8. Even when no treaty exists between the two countries, service is routinely secured by such a mechanism, as history illustrates.

9. On the other hand, the 12 June 1961 treaty between Norway and the United Kingdom on the acceptance and enforcement of judgements in civil proceedings is worth mentioning. Due to the United Kingdom's withdrawal from the Lugano Convention as of 1 January 2021 as a result of Brexit, this convention was revived with certain modifications in November 2020. Until the United Kingdom formally joins the Lugano Convention as a separate party, the revised 1961 Convention will remain in effect.

10. The 1958 Convention on the Recognition and Execution of Foreign Arbitral Decisions makes arbitration decisions binding in Norway (New York Convention).