Coronavirus and civil procedure: Preservation of evidence in times of COVID-19 (under German law)

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Companies are having to devote considerable attention to the coronavirus crisis at the present time. However, in view of the current turbulence affecting business, it is equally important to be aware of any legal disputes that may lie ahead. Success in future litigation could depend crucially on preserving the necessary evidence now. Waiting too long or getting stuck in proceedings that have been paused due to the pandemic could mean that the evidence is unavailable later. In such situations, the German Code of Civil Procedure (ZPO) provides for independent evidentiary proceedings.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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