Question juridique clé
Whether party representatives may be excluded from party examinations in an investigation procedure.
Solution extraite
Yes. Personal examination of the parties in the absence of relatives and lawyers is compatible with the cantonal rules and may be given priority over unrestricted legal assistance.
Motifs extraits
Free judicial examination and unlimited legal representation are not ends in themselves. Within the limits of Art. 158 ZGB and generally under Art. 64 para. 3 BV, cantons may give precedence to one principle over the other. Party rights remain largely protected because counsel may confer before and after the examination, object by separate filing, and seek supplementation or repetition of the examination.