The Use of Videoconference Systems in Court

On 1 January 2025, the revised Swiss Civil Procedure Code ("CPC") has come into effect, introducing significant changes. We will be analyzing these changes in a series of concise articles, aimed at offering a clear and current understanding of these changes.

The revised CPC introduces videoconferencing and electronic transmission of audio and visual data.

Prior to the revised CPC, videoconferencing in civil judicial proceedings was not allowed for in our procedural rules, except for the temporary regime during the COVID-19 pandemic. This lack of a unified legal framework led to inefficiencies. The pandemic underscored the need to modernise and integrate technology into legal procedures.

The revised Code of Civil Procedure (CPC), which entered into force on 1 January 2025, addresses this gap. It introduces a novel principle and specific conditions governing the use of videoconferencing systems and other electronic means for the transmission of audio and visual data. This reform not only modernises the CPC, more than a decade after its initial enactment, but also aims to improve access to civil courts, respond to the growing digitalisation of interactions and address the challenges posed by cross-border disputes.

Key provisions include new Articles 141a, 141b, 170a, and 176a CPC, along with changes to Articles 187 and 193 CPC. Article 141a CPC allows videoconferencing in judicial proceedings if: (i) the law does not prohibit it, and (ii) all parties agree to it. Article 141b CPC requires simultaneous audio and video transmission among participants, recording of key procedural acts, and adherence to data protection and security standards.

Article 170a CPC permits courts to examine witnesses via videoconference without needing party consent. Legislative materials confirm this intentional omission, granting courts autonomy. In contrast, examining parties requires their consent. Article 176a CPC also extends videoconferencing to international judicial assistance, improving cooperation with foreign jurisdictions.

These provisions collectively aim at balancing the use of technology with the fundamental principles of fairness, accessibility and procedural integrity.

To support these developments, the Federal Council released the draft Ordinance on the Use of Electronic Means for the Transmission of Sound and Images in Civil Procedures ("OMETr") on 14 February 2024, establishing technical conditions and data protection requirements. The OMETr became effective on 1 January 2025.

Despite advancements, challenges persist. Issues like sound and image quality, and data security are crucial for success. Concerns about public access to hearings and debate spontaneity remain. Resource disparities and differing practices among cantons could hinder the uniform application of measures. Courts have discretion over videoconferencing implementation, leading to varied approaches across Swiss cantonal jurisdictions.

In conclusion, while the updated legal framework marks an important move towards the modernisation of civil procedures and the integration of technology, its successful implementation will depend on the cooperation of all involved parties and precise technical support from the judicial system. By achieving a balance between efficiency, fairness and the personal aspects of justice, this reform has the potential to improve the effectiveness and accessibility of civil justice in Switzerland significantly.