The problem with certain evidence is well known!

Interested in law and a fan of TV series about justice, I attended a civil hearing at court. I noticed that in Switzerland, too, each party must prove their case before the judge. However, I wondered whether facts that are well known to everyone are subject to the same requirement, because that can quickly become tedious, can't it?

M., Geneva

Good question! Under Swiss civil law, the facts presented in court must be alleged by the parties, and those that are disputed must be proven. This is the famous «maxime des débats» (principle of debate), enshrined in Article 55 of the Code of Civil Procedure (CPC), which governs most civil proceedings: the judge is required to rule solely on the basis of the evidence provided by the parties. He or she is not required to act as a detective or to fill in the gaps in the case files.

But like any rule, this one has its exceptions. Some truths are so obvious or universally known that they do not need to be proven. These are called «well-known facts» (Art. 151 CPC). In the words of case law, these are facts that anyone can know and verify without any particular effort. Thus, no one needs to prove that 1^er August is our national holiday, and there is no need to produce a weather certificate to prove that it snows regularly in Switzerland in January.

However, it should be noted that this concept is applied with restraint. The Federal Court has reiterated that not all information available on the internet is automatically considered to be public knowledge, even if it comes from official websites. Unlike the Swiss Commercial Register, for example, foreign data does not automatically benefit from the presumption of public accuracy, and litigants must produce the relevant documents in the proper form. It is therefore not sufficient to invite a judge to consult a foreign register that is accessible online, even if it is considered reliable.

Why so many precautions? Because recognising a fact as well known removes the requirement for proof. In civil matters, where each party must prove its case, this amounts to bypassing an entire section of the procedure. This special category of facts should therefore not be expanded to such an extent that litigants no longer have to worry about doing their job thoroughly, to the detriment of the proper functioning of justice.

A fact does not become legally well-known simply because it is just a click away. To merit this status, it must be clear, indisputable and universally accepted. In short, a well-known fact is not just visible: it must be so obvious that no one can question it!