From the German perspective, the rules on evidence before the
UPC provide for an interesting mix of known principles and new
regulations.
What we are familiar with, for example, are the means of
obtaining evidence mentioned in the UPC Agreement, such as hearing
of the parties and witnesses, opinions from Court experts,
production of documents and inspection of places or physical
objects, or the rules on burden of proof.
What is new, for example, is that witness evidence can also be
provided by means of an affidavit. In addition to this, parties may
present written statements by their own experts as formal evidence.
However, the Court may also order that party experts be heard in
person. This provides for important decisions when preparing
witness evidence, including the choice of witnesses and experts and
the form in which the evidence is presented.
