Immediacy, Orality, and Appellate Proceedings

Abstract

In line with procedural principles of proportionality and concentration, a Norwegian reform of 2005 was intended to narrow the scope of appeals proceedings and to prepare the ground for more flexible modes of evidence taking. In practice, however, the principles of orality and immediacy have been applied also for appeals proceedings, and appellate proceedings tend to take more time than the first instance proceedings. Therefore, Norwegian civil proceedings have become extremely costly, and one might ask whether state courts currently provide a good dispute-solving alternative for ordinary companies and citizens. This article addresses these challenges and suggests possible paths for a new reform.