1.4 Order to take evidence 

Where the competent department of the EPO considers it necessary to hear the oral evidence of parties, witnesses or experts or to carry out an inspection, it must make a decision to this end (order to take evidence), setting out the investigation which it intends to carry out, relevant facts to be proved, the date, time and place of the investigation and whether it will be conducted by videoconference. If a party requests oral evidence of witnesses and experts but does not at the same time name the witnesses and experts they wish to be heard, they are asked, either before the order to take evidence is issued or in the order itself, to make the names and addresses known within a specified time limit. The time limit to be calculated in accordance with Rule 132(2) must be at least two months but not more than four months, since the party concerned will normally know beforehand whom they wish to be heard as a witness or expert.

The order to take evidence must be notified to the parties. It may be appealed only together with the final decision unless it allows separate appeal (see E‑X, 3E‑IX, 3).