Access to evidence in Scandinavia

Magne Strandberg

Chapter 7 in Access to Evidence in Civil Procedure, 2026, pp 153-181 from Edward Elgar Publishing

Abstract: In the Scandinavian countries, rules on access to evidence have been established for quite some time, but the rules’ importance has increased dramatically due to legal and technical developments during the last three decades. Although some differences occur between Danish, Swedish, and Norwegian law, they all apply one model for access to evidence after commencement of proceedings. In this model, a party to a lawsuit may request access to evidence in possession of the opposite part or a third party, but such requests will be approved only when a set of conditions are met. Hence, a right of access to evidence will not necessarily apply to all types of evidence or to all pieces of evidence which are relevant in a case. Access to evidence may also be asked for prior to commencement, but the rules on this aspect seem to vary quite a bit from one country to another.

Keywords: Edisjonsplikt; Duty of cooperation; Proportionality; Relevance; Specification; Methods of disclosure (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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