Production of documents
In Swiss civil procedure, documentary evidence is central, but parties must identify the documents on which they rely and, where necessary, request production from the opposing party or a third person. The court may order production if the document is sufficiently specified and relevant. Privileges, confidentiality interests and proportionality can limit production. Swiss procedure is not a broad discovery system: requests are generally targeted, and fishing expeditions are rejected. Unjustified refusal may affect the court’s assessment of evidence or lead to procedural consequences.
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