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BS-130/2009-VLR ECLI:DK:VLR:2024:BS0000000211 AI generated

Court reclassifies witness as plaintiff's witness based on testimony content and procedural role assignment.

Case Number BS-130/2009-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Justice of Denmark reclassified a witness from the defendant's side to the plaintiff's side due to the content of their testimony. The defendant argued the witness was called to support their case, while the plaintiff contended the witness's statements aligned with their claims. The court determined the witness's role should follow the substance of their evidence rather than the initial procedural designation.

Legislator headnote

AI generated

Vidnebekendtgørelse; Vidnebevisning: A witness's procedural classification as belonging to the plaintiff or defendant is determined by the content and nature of their testimony rather than the initial procedural designation.

Keywords

AI generated
witness classification procedural role testimony content civil procedure evidence assignment party witness court reclassification
AI generated
BS-510/2013-OLR
Court dismisses appeal allowing witness testimony via telephone without video in Danish civil proceedings.
BS-651/2011-VLR
Court allows witness testimony from a person with a prior criminal record under Danish law.
BS-4088/2012-KBH
Court dismisses application to apply Chapter 39 of Civil Procedure Act due to claim exceeding 50,000 DKK.
SS-1566/2011-OLR
Appeal dismissed; court upholds conviction for using witness testimony as evidence despite prior threats and protection offers.
SS-1266/2021-OLR
Appeal court lifts deportation order due to severe mental illness and lack of adequate treatment in Iraq.

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Full text

Landsretten ændrer byrettens kendelse, i sag om hvorvidt et vidne skal anses for at være sagsøgers eller sagsøgtes vidne, således at vidnet føres af kærende og ikke indkærede