Muntlighetsprinsippet i sivilprosessen

- fra klubbeslag til tastetrykk

av Maria Astrup Hjort

Litigation of civil matters may, in theory, be conducted in writing, orally, or in a combination of the two principles. In Norway, oral proceedings are the general rule, but this has not always been the situation. Before the enactment of the Civil Procedure Act of 1915, the majority of court proceedings were done in writing. This dissertation is titled �The principle of oral proceedings � from gavel to keyboard�. It demonstrates the historical development of this fundamental principle of due process from the preparation and execution of the Civil Procedure Act of 1915 to the civil procedure reform of 2005, when the new Dispute Act was passed.

The Civil Procedure Act of 1915 was drafted and enacted after extensive studies of foreign rules of civil procedure. Similarly, the Dispute Act conducted studies of foreign laws. The dissertation presents a historical picture of international influences on the Norwegian civil procedure system and shows how there has been a shift in the chosen sources of inspiration. Throughout the historical presentation, the content and the framework of the principle of oral proceedings will be presented and discussed.