Beweisantrag

Beweisantrag is a legal term used in German-speaking civil and criminal proceedings. It refers to a formal request by a party to a court to admit or obtain specific evidence as part of the evidence gathering (Beweisaufnahme). The purpose is to ensure that relevant facts can be established through appropriate means and that the court’s decision is based on a complete evidentiary record.

A Beweisantrag can cover different forms of evidence, such as calling witnesses to testify, producing or inspecting documents, ordering expert opinions, or arranging on-site inspections and measurements. It may also include requests to obtain official or third-party information that is necessary to prove a particular factual point. The objective is to clarify contested issues and to prevent procedural gaps that could affect the outcome.

In civil procedure, Beweisanträge must be timely and sufficiently specific. They should identify the proposed evidence, explain its relevance to the case, and indicate which facts it is intended to prove. The court weighs the relevance and materiality of the requested evidence and decides whether to admit or reject the Beweisantrag, possibly with conditions for its execution.

In criminal procedure, Beweisanträge can be made by the defense, the prosecution, or the court, depending on the jurisdiction. The court evaluates admissibility, balancing probative value and any legal limitations, and decides how to proceed with the evidence during the Beweisaufnahme. Beweisanträge are an important mechanism to safeguard procedural fairness by ensuring that essential facts are properly examined.