Rule 170

Rule 170 – Means of evidence and means of obtaining evidence

1. In proceedings before the Court, the means of evidence shall include in particular the following:
   1. written evidence, whether printed, hand-written or drawn, in particular documents, written witness statements, plans, drawings, photographs;
   2. expert reports and reports on experiments carried out for the purpose of the proceedings;
   3. physical objects, in particular devices, products, embodiments, exhibits, models
   4. electronic files and audio/video recordings.
2. Means of obtaining evidence shall include in particular the following:
   1. hearing of the parties;
   2. requests for information;
   3. production of documents;
   4. summoning, hearing and questioning of witnesses;
   5. appointing, receiving opinions from, summoning and hearing and questioning of experts;
   6. ordering inspection of a place or a physical object;
   7. conducting comparative tests and experiments;
   8. sworn statements in writing (written witness statements).
3. Means of obtaining evidence shall further include [Article 59 and 60 of the Agreement]:
   1. ordering a party or a third party to produce evidence;
   2. ordering measures to preserve evidence.

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