Civil Procedure Code (CPC) revision: Hearings Using Electronic Equipment for Audio or Video Transmission

26 November 2024

From 1 January 2025, the course of civil proceedings in Switzerland is expected to change significantly. Until now, with the exception of a brief phase during the COVID-19 pandemic, hearings before civil courts have only taken place physically in a courtroom. With the revision of the Swiss Civil Procedure Code (CPC), the legislator has now created the possibility of holding hearings by video or telephone conference. This innovation creates more flexibility and facilitates access to civil proceedings – but only under certain conditions. Here is an overview of the most significant changes:

1. Virtual Hearings in Civil Proceedings

In future, Swiss civil courts will be able to hold hearings using electronic audio or video equipment, particularly by video conference, or allow parties to participate in hearings remotely. The courts have been granted flexibility as to how they use the technology: hybrid solutions or the partial use of such technologies are just as conceivable as purely virtual court hearings. This removes hurdles for parties' access to proceedings, such as physical distance or limited mobility.

The new regulations apply not only to plaintiffs and defendants but also to other parties involved in the proceedings, such as witnesses, experts or legal representatives. All participants – not just the parties – may request to participate virtually in the proceedings. In addition, the court itself can decide to conduct a hearing by video. However, holding a virtual hearing always requires the consent of all parties involved. Otherwise, it is still compulsory to hold a physical hearing. Even if all parties agree to a virtual hearing, the final decision on whether or not to make use of electronic means of audio or video transmission lies with the court.

In any case, certain (technical) requirements must be met when using electronic means, e.g.:

• The transmission of image and sound must take place simultaneously between all participants;
• Data protection and data security must be guaranteed;
• Certain procedural acts (e.g., questioning of parties) must be recorded;
• If a party is required to appear in person, as in the case of a conciliation hearing, there must be no overriding public or private interests precluding the use of electronic means for audio and video transmission.

2. Additional Aspects of the New Regulations

Another important innovation concerns the examination of witnesses. Courts may now conduct witness hearings by video conference or other electronic means. A flexible approach is also possible here. The hearing can be conducted exclusively via video conference by connecting all parties involved, or the witness alone can give their testimony via video. Party consent is not required for these procedures. However, electronic means must not be used against overriding public or private interests – such as the safety of the witness or the exclusion of undue interference in the witness examination. Similar regulations on the use of electronic audio and video transmission also apply to the questioning of parties, the giving of evidence, and the providing of expert opinions.

The legislator has also regulated the guarantee of public access to civil court hearings when using electronic equipment. Third parties must be granted access either on site or via electronic means. If there is significant public interest, the hearing can be transmitted to another courtroom, for example, or access to the video conference room can be granted. This regulation guarantees transparency of the judiciary and is particularly relevant for representatives of the press.

3. The Potential of Digital Civil Proceedings

The new regulations on the use of electronic equipment for audio or video transmission offer an opportunity to make litigation proceedings more flexible and efficient. In particular, parties to proceedings who find it difficult to participate in person for health or geographical reasons will benefit from these innovations. However, the final decision on the use of electronic means remains with the court, which decides not only whether they are used, but also in what form and to what extent.

The VISCHER dispute resolution team will be happy to support you in making the most of the opportunities offered by virtual communication in litigation proceedings. Get in touch with us to discuss your options and the best procedural steps for your case. We are available – online or in person.

Here you will find the overview of the CPC blog series.

Author: Alessio Zolpi