Potestative Novenae considering the Revision of the Code of Civil Procedure
Article in HAVE (01/2026) by Sarah Leutwiler
March 24, 2026
Are Private Expert Reports Considered Potestative Novenae?
The law on noven is a core aspect of procedural law. It governs the conditions under which new facts and evidence may be introduced into a case after the file has been closed. Potestative novenae are new pieces of evidence whose existence depends on the will of the presenting party. Their admissibility is subject to stricter rules.
With the revision of the Code of Civil Procedure (effective January 1, 2025), private expert reports now have the evidentiary status of official documents and can no longer be dismissed as mere party assertions. Which procedural pitfalls must be avoided where such reports are only obtained after the file has been closed? Are private expert reports subject to the stricter admissibility requirements as potestative novenae?
More on this topic in the current issue of the journal HAVE (01/2026) by Sarah Leutwiler.
Key contacts
Latest Events
- virtual | July 08, 2026Energy Transition Series - Project Financing BESS: Comparing the UK market to emerging debt structures in Continental Europe
- virtual | September 10, 2026UAE - Employment law in the Dubai International Financial Centre
- in-person | September 10, 2026Managing AI use in the workplace: what every UK HR team needs to know
- in-person | September 17, 2026Basic foundations of US employment law
virtual
Energy Transition Series - Project Financing BESS: Comparing the UK market ...
July 08, 2026
10:00 ET | 15:00 BST | 16:00 CET
virtual
UAE - Employment law in the Dubai International Financial Centre
September 10, 2026
9.30am - 1.30pm (GMT)
Virtual
in-person
Managing AI use in the workplace: what every UK HR team needs to know
September 10, 2026
9.30am - 1.00pm (BST)
London, United Kingdom
in-person
Basic foundations of US employment law
September 17, 2026
9.30am - 4.30pm (GMT)
London, United Kingdom