Estados Unidos de América
Observancia de los derechos de propiedad intelectual
9. Article 41.3 also requires that decisions on the merits of a case be based only on evidence in respect of which parties had an opportunity to be heard. Please state, with regard to each type of court and administrative body identified in question 1, what factors may be considered by a judge or administrative official in rendering a decision and cite the legal authorities establishing the basis on which judges and administrative officials may reach decisions.
As indicated in the answer to question 2 above, evidence in motion proceedings is generally by affidavit unless the Court directs otherwise. In actions, evidence is given orally. The evidence of expert witnesses as well as copies of plans, diagrams, etc. have to be made available to the other party before trial. Witnesses who give oral evidence are subject to cross-examination. In coming to a decision, a judge in the first place evaluates the evidence tendered in court, but he may take cognisance of other laws of the country, e.g. the provisions of the Constitution of South Africa.