Potestative Novenae considering the Revision of the Code of Civil Procedure
Article in HAVE (01/2026) by Sarah Leutwiler
March 24, 2026
Potestative Novenae considering the Revision of the Code of Civil ProcedureArticle in HAVE (01/2026) by Sarah LeutwilerMarch 24, 2026 Are Private Expert Reports Considered Potestative Novenae? The law on noven is a core aspect of procedural law. It governs the conditions under which new facts and evidence may be introduced into a case after the file has been closed. Potestative novenae are new pieces of evidence whose existence depends on the will of the presenting party. Their admissibility is subject to stricter rules. With the revision of the Code of Civil Procedure (effective January 1, 2025), private expert reports now have the evidentiary status of official documents and can no longer be dismissed as mere party assertions. Which procedural pitfalls must be avoided where such reports are only obtained after the file has been closed? Are private expert reports subject to the stricter admissibility requirements as potestative novenae? More on this topic in the current issue of the journal HAVE (01/2026) by Sarah Leutwiler. Key contacts
Latest Insights
Latest NewsLatest Eventslegal updates October 08, 2026 The Commercial Payments Bill: Practical Implications for Commercial Contrac... legal updates October 07, 2026 EU: Proposed KIDS Act Targets Online Child Safety guides and reports October 07, 2026 Technology, AI and the changing legal landscape of M&A guides and reports October 07, 2026 How AI is democratizing M&A for buyers and investors |