Anticipated assessment of evidence

Anticipated assessment of evidence is a procedural doctrine recognized in Swiss practice. The court may decline to take additional evidence if, after assessing the existing record, it can reasonably conclude that the offered evidence would be irrelevant, unsuitable or incapable of changing the result. This promotes procedural economy but must not undermine the right to be heard. The court should have a rational basis for refusal and may not dismiss material evidence arbitrarily. The concept differs from final evaluation of evidence after it has been taken.