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Showing 531–540 of 63909 articles for “Art. 156 I 1°”
If there is a legitimate reason to preserve or establish before any trial proof of facts on which the outcome of a dispute may depend, legally admissible investigative measures may be ordered at the r…
The judge may combine several investigative measures. He may, at any time and even during the course of the investigation, decide to combine any other necessary measure with those already ordered.
When it cannot be appealed independently of the judgment on the merits, the decision may take the form of a simple mention in the file or in the hearing register.
A decision ordering or modifying an investigative measure is not subject to opposition; it may be appealed or appealed to the Supreme Court independently of the judgment on the merits only in the case…
The investigative measures are carried out, on the initiative of the judge or one of the parties according to the rules specific to each matter, on the basis of an extract or a certified copy of the j…
The decision ordering an investigative measure does not relieve the judge of jurisdiction. The decision indicates the date on which the case will be recalled for further examination.
The judge must limit the choice of measure to what is sufficient for the resolution of the dispute, endeavouring to select what is simplest and least onerous.
Investigative measures may be ordered in any event, if the judge does not have sufficient evidence to rule.
A decision which, in the course of proceedings, merely orders or modifies an investigative measure shall not be notified. The same applies to a decision that refuses to order or modify the measure. Th…
The facts on which the resolution of the dispute depends may, at the request of the parties or ex officio, be the subject of any legally permissible investigative measure.
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