The court of appeal's order to present evidence

Supreme Court order 27 May 2019, HR-2019-997-A, (case no. 18-186326SIV-HRET)

Felleskjøpet Agri SA (Counsel Fredrik Lilleaas Ellingsen) v. Infor (Steinhausen) II GmbH (Counsel Ola Haugen) 

Justices: Øie, Møse, Bull, Berglund, Lindsetmo

The court of appeal had ordered a party to present a very large number of electronic documents, see section 26-5 of the Dispute Act. The Supreme Court, having conducted an oral hearing, argued it would take far more time and effort to comply with the order than what the court of appeal had assumed. The joint and very brief reasoning for the relevance of the evidence was not sufficient. The court of appeal should also, by its own initiative, have considered limiting the order. The documents were not sufficiently specified, and the order had to be regarded as disproportionate, see section 26-5 subsection 3 of the Dispute Act. The significance of the prohibition against evidence in section 22-5 of the same Act when it comes to information related to invoices from a law firm was also not assessed. The court of appeal's ruling was set aside.

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