November 19, 2024
A major revision of the Civil Procedure Code (“CPC“) will come into force on January 1, 2025 and will contain a number of important changes, including the following:
- The cantons may allow the parties to choose English as the language of the proceedings for such proceedings (Art. 129 para. 2 (b) revised CPC).
- New provisions relating to advance payment of costs (Art. 98 para. 2 revised CPC), the recovery of costs (Art. 111 revised CPC) and legal aid (Art. 118 revised CPC) are introduced to facilitate access to justice.
- Swiss companies will be able to invoke professional secrecy under certain circumstances (Art. 167a revised CPC ; Right to Refuse in relation to the Activities of an In-House Legal Service). This will allow them to refuse to participate in the taking of evidence as part of the activities of their legal department.
- Civil authorities will be able to use videoconference to question parties, hear witnesses or allow experts to present their reports. However, there will be no right for the parties to have a hearing held by videoconference. The courts will remain free to use it or not according to the wording of the law (Art. 170a revised CPC).
- As long as the principle of the free evaluation of evidence is not affected, private expert opinions obtained by the parties will be treated as physical records and will no longer be considered as a mere allegation of a party (Art. 177 revised CPC).
- The competence of the conciliation authority and the scope of the conciliation procedures will be extended. For example, the conciliation authorities may now submit a decision proposal to the parties on higher amounts in dispute (Art. 210 para. 1 let. c revised CPC) and a voluntary conciliation procedure is introduced for proceedings where a single cantonal instance has jurisdiction (Art. 198 let. f and Art. 199 para. 3 revised CPC).
- Art. 336 para. 3 revised CPC: it follows from the new para. 3, in conjunction with para. 1 of this provision, it follows that a decision that is subject to a legal remedy without automatic suspensive effect is enforceable as soon as its unmotivated operative part is communicated (and not on notification of the written statement of reasons, or at the end of the appeal period). This means that a party who has obtained a judgment against his opponent will be able to obtain enforcement as soon as the decision has been communicated. As a corrective measure, it will now be possible to file a request for suspensive effect before filing an appeal (or recourse), i.e. as soon as the decision in question has been communicated in accordance with art. 239 para. 1 CPC, even before the possibility of lodging an appeal or recourse (cf. art. 315 para. 5 and 325 para. 2 revised CPC). In addition, suspensive effect may be requested for all decisions which, according to art. 315 al. 2 revised CPC, are subject to appeal without automatic suspensive effect, and no longer only for decisions on interim measures (cf. art. 315 al. 4 revised CPC), as well as for decisions subject to appeal (art. 325 al. 2 revised CPC, unchanged on this point).
