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How do civil-law judges obtain documents and witness evidence before a main hearing?
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Procedural law
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
In civil-law systems, the process for obtaining evidence differs significantly from the broad pretrial discovery found in common-law jurisdictions. Rather than relying on parties to compel disclosure, civil-law systems utilize judicially guided investigation to uncover relevant facts as they emerge during the proceedings.1
Obtaining Evidence
- Judicial Role: The judge plays a central role in ordering the production of evidence. In many civil-law countries, evidence—such as witness testimony or expert reports—can only be introduced pursuant to a specific court order that details the subject matter and the form the evidence will take.2
- Documentary Evidence: Discovery of documents is generally limited. While a party intending to use a document must make it available to the opposing side, there are few formal procedures to force an adversary to disclose information before the trial, except in cases where evidence is in danger of being lost.1
- Witnesses and Experts: A party wishing to have a witness heard must request it and inform the opposing side of the witness's name and the subject of their testimony. Experts are typically selected from court-approved lists and serve as impartial auxiliaries to the court.3