Potestative Novenae considering the Revision of the Code of Civil Procedure

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.