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RoP.170

Rule 170 - Means of evidence and means of obtaining evidence

  1. In proceedings before the Court, the means of evidence shall include in particular the following:

    • (a) written evidence, whether printed, hand -written or drawn, in particular documents, written witness statements, plans, drawings, photographs;
    • (b) expert reports and reports on experiments carried out for the purpose of the proceedings;
    • (c) physical objects, in particular devices, products, embodiments, exhibits, models;
    • (d) electronic files and audio/video recordings.
  2. Means of obtaining evidence shall include in particular the following:

    • (a) hearing of the parties;
    • (b) requests for information ;
    • (c) production of documents ;
    • (d) summoning, hearing and questioning of witnesses;
    • (e) appointing , receiving opinions from, summoning and hearing and questioning of experts;
    • (f) ordering inspection of a place or a physical obj ect;
    • (g) conducti ng comparative tests and experiments;
    • (h) sworn statements in writing (written witness statements).
  3. Means of obtaining evidence shall further include [Article 59 and 60 of the Agreement ]:

    • (a) ordering a party or a third party to produce evidence;
    • (b) ordering measures to preserve evidence .