The New Status Of Party Expert Reports

Introduction

On 1st January 2025, the revised Swiss Civil Procedure Code ("CPC") has come into effect, introducing significant changes. We will be analyzing these changes in a series of concise articles, aimed at offering a clear and current understanding of these changes.

This contribution highlights the new status under of the revised CPC of private expert reports as documentary evidence ("physical records").

Before the revision: Private expert reports as mere party allegations

Originally, the legislator had refrained from regulating private expert reports in the CPC. According to the case law of the Swiss Federal Supreme Court, private expert reports were not considered as formally "admissible evidence" within the meaning of Art. 168 CPC.