TY - BOOK ID - 50334529 TI - Evidence in civil law : Austria AU - Nunner-Krautgasser, Bettina AU - Anzenberger, Philipp PY - 2015 SN - 9789616842440 PB - Institute for Local Self-Government and Public Procurement Maribor DB - UniCat KW - Law, General & Comparative KW - Law, Politics & Government KW - burden of proof KW - witness evidence KW - principles of taking evidence KW - evidence by inspection KW - expert opinions KW - general principles of civil procedure KW - examination of parties KW - unlawful evidence KW - documentary evidence KW - taking evidence in civil procedure KW - Counterparty KW - Legal remedy KW - Letters rogatory KW - Trial court KW - Videotelephony UR - https://www.unicat.be/uniCat?func=search&query=sysid:50334529 AB - This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge. ER -