Preservation of evidence

The existing evidence is often decisive for any dispute, not only in court but also in out-of-court negotiations. With early action we put you in the best possible starting position. In this regard also, the economic factor is key to choose the appropriate measures.

• Application for judicial preservation of evidence if reasonable
• Taking extrajudicial measures
• Coaching for the preservation of evidence in a specific case

If evidence that may be relevant for a later trial is in danger of being lost, the Austrian Code of Civil Procedure provides for the possibility of applying for evidence preservation proceedings. The evidence is then collected and recorded by the court with the assistance of experts so that it can still be used in later proceedings. Both sides have the right to attend the taking of evidence. We will be happy to advise you whether this is necessary and economically sensible in your case; if necessary, we will of course also represent you in these proceedings.

Further, if a specific dispute is on the horizon, it makes sense to analyse internally which evidence could be relevant and how it should be preserved. Here, too, we will gladly assist you and thus prepare for the impending legal dispute at an early stage. In the process, we also coach you and your employees on how you should behave in the future with regard to the potential opposing party in order to secure as much evidence as possible in support of your position.