États-Unis d'Amérique
Moyens de faire respecter les DPI
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.
Decisions taken by courts may be based exclusively on evidence concluded before the court at the hearing (Article 210 § 3 CCP). The object of the evidence before the court are facts relevant for the settlement of the case (Article 227 CCP). The court judges credibility and force of evidence at its own discretion (Article 233 § 2 CCP). The court may also base its decision on facts not requiring any evidence which are publicly known (Article 228 § 1 CCP) and on facts admitted by the other party in the course of the proceedings (Article 229 CCP). The court notifies all parties to the proceedings of the court's sitting in order to hold a hearing (its place and date) (Article 149 § 2 CCP). The summons should be submitted to the parties not later than one week prior to its due date and should contain, among other things, indication of the parties, object of the proceedings, objective of the sitting and effects of failure to appear (Article 150 CCP). Parties' appearance at the hearing is not obligatory. A party has the right at the hearing to put forward motions and express opinions about all the issues being object of the hearing (Article 2110 § 1 CCP). It may also do it in the written statement of claim submitted to the court before due date of the hearing (Articles 209 and 211 CCP).