Burden of allegation

In Swiss civil litigation, a party that wants a legal consequence usually must allege the facts on which it relies. The court normally applies the law of its own motion, but it cannot decide on facts that were not properly introduced, except where an inquisitorial rule applies. The burden of allegation is distinct from the burden of proof: it concerns what must be pleaded, not who ultimately loses if a fact remains unproven. Failure to allege relevant facts in due time may make evidence-taking unnecessary or inadmissible.