Hovedforhandlingen

Hovedforhandlingen, or the main hearing, is the substantive phase of a court case in Norwegian and Danish procedure during which evidence is presented and assessed before the court renders a verdict or judgment. It typically follows preliminary steps such as a preparatory hearing and marks the central part of the trial.

Participants include the accused or plaintiff and defendant, the prosecution or plaintiff’s counsel, the defence, witnesses, experts, and the presiding judge or panel of judges. The hearing is generally public, subject to statutory exemptions to protect minors, national security, or other sensitive matters. Legal counsel for the parties must be present, and the court ensures the rights of the defence, including the right to cross-examine witnesses.

During the main hearing, parties present evidence, examine and cross-examine witnesses, and submit documents and expert opinions. The standard of proof depends on the type of case: criminal cases require proof beyond reasonable doubt; civil cases rely on the applicable standard in the jurisdiction, often involving assessment of credibility and the balance of probabilities. The judge or judges assess the credibility of testimony and the relevance of documents and expert findings, and render a verdict or judgment based on the presented evidence.

The outcome is a verdict in criminal cases or a civil judgment, including any orders for damages or injunctions, and, where applicable, a sentence. If dissatisfied, parties may appeal to a higher court under the applicable rules. The main hearing thus constitutes the pivotal event in which the facts are resolved and the rights and duties of the parties are formally determined.