Whether it is a civil lawsuit or an administrative or criminal lawsuit.
All of them need to present evidence to the court.
How to present evidence reasonably and correctly.
It has become one of the important factors affecting the direction of the case.
In civil litigation
The correct way to open the evidence
Let's take a look
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1. Types of evidence
Evidence refers to the basis for the court to determine the facts of a case in accordance with the procedural rules, and is of great significance to the court's ascertaining of the facts of the case and making a correct judgment in accordance with the law. In civil litigation, there are eight main types of evidence.
1.Statements of the parties,It refers to the statements made by the parties to the people's court on the facts related to the case in the litigation.
2.Documentary evidence,refers to evidence that the ideological content expressed in words, symbols, graphics, and so forth plays a role in proving the facts of the case. For example, contracts, bills, letters, notes, etc.
3.Physical evidence,Refers to items that prove the facts of a case by their appearance, quality, quantity, characteristics, and other objective existence. For example, vandalized cars, damaged goods, etc. are all physical evidence.
4.Audiovisual materials,refers to a kind of evidence that uses data and materials stored in audio or video recordings or electronic computers to prove the true circumstances of a case. Such as video recorded by surveillance equipment, mobile phone audio and video recording, etc. It should be noted that when submitting audio-visual evidence, the original medium must be provided, and no editing, addition, deletion, etc.
5.Electronic data,Refers to information generated or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.
6.Witness testimony,Refers to a statement of the facts of the case made by a witness to the people's court orally or in writing.
7.Appraisal opinion,That is, the conclusive opinions given by the evaluator on the basis of using science and technology or specialized knowledge to identify and judge the specialized issues involved in the litigation.
8.Inquest Transcript,refers to the records made by the people's court after conducting on-site analysis, investigation, and inspection of the scene related to the facts of the case or the physical evidence of the people's court that cannot or is inconvenient to obtain. For example, in some cases of housing property rights disputes and rural homestead disputes, it is often necessary for the judge to understand the situation at the scene and make a record of the situation.
Evidence must be verified to be true before it can be used as a basis for determining facts.
2. Evidence must be submitted within a reasonable period of time
Parties shall promptly provide evidence for their own claims.
On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. The time limit for presenting evidence may be negotiated by the parties and approved by the people's court. The people's courts determine the time limit for the presentation of evidence, and it must not be less than 15 days for first-instance ordinary procedure cases, and must not be less than 10 days for second-instance cases where the parties provide new evidence. Cases applying the summary procedures must not exceed 15 days, and the time limit for presenting evidence in small claims cases must generally not exceed 7 days.
Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, not accept the evidence, or accept the evidence but give a reprimand or a fine.
It is worth noting that where a witness is requested to appear in court to testify, an application shall be submitted before the expiration of the time limit for presenting evidence, and the application shall indicate the witness's name, occupation, residence, the main content of the testimony, the relevance of the content of the testimony to the facts to be proven, and the necessity for the witness to appear in court to testify.
3. A catalogue of evidence should be provided when submitting evidence
The parties shall classify and number the evidentiary materials submitted one by one, give a brief explanation of the evidentiary materials, the object of proof, and the content, sign and seal them, indicate the date of submission, and submit copies according to the number of opposing parties. Of course, if the case is filed online, there is no need to provide a copy of the electronic litigation evidence.
4. The evidence to be submitted should be closely related to the facts to be proven
The parties have the responsibility to provide evidence to prove the facts on which their claims are based or on which they refute the claims of the other party. The parties should present evidence around their own claims and state to the court the legal facts to be proved.
5. When submitting evidence, the original or original items shall be provided
Documentary evidence shall be submitted in original. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, a copy, a copy, or an excerpt may be submitted. Submission of foreign documentary evidence must be accompanied by a Chinese translation.
It should be noted that although the parties may provide copies or photocopies when presenting evidence, the people's court must check with the original in accordance with the law, and only if the verification is the same, it can be equivalent to the original. If it cannot be checked with the original, it cannot be used as the basis for the verdict alone, and the parties need to bear the corresponding adverse consequences.
6. Evidence that cannot be used alone as the basis for determining the facts of the case
1.Statements of the parties,
2.Testimony made by a person who lacks or has limited capacity for civil conduct is not commensurate with his or her age, intellectual status, or mental health status;
3.Testimony of witnesses who have an interest in one of the parties or their ** persons;
4.Suspicious audio-visual materials and electronic data;
5.Reproductions or reproductions that cannot be verified with the original.
7. Circumstances in which the parties do not need to present evidence
1.the laws of nature as well as theorems and laws;
2.Well-known facts;
3.facts presumed in accordance with the law;
4.another fact inferred from known facts and the rules of experience of everyday life;
5.Facts that have been established by a legally effective judgment of the people's court;
6.Facts that have been confirmed by the effective award of the arbitral institution;
7.Facts that have been attested by a valid notarial instrument.
Except for the facts provided for in items (2) through (4) of the preceding paragraph, where the parties have evidence to the contrary sufficient to refute them; Except for the facts provided for in items 5 to 7, the parties have evidence to the contrary that is sufficient to overturn them.
In addition, if one party clearly admits the facts against itself during the court trial, or in the written materials such as the complaint, reply, and word, the other party does not need to provide evidence.
However, the provisions of the preceding paragraph on self-admission do not apply to facts that should be investigated by the people's courts ex officio, such as those involving identity relationships, national interests, societal public interests, and so forth.
Where the facts admitted are inconsistent with the ascertained facts, the people's courts are not to confirm them.
8. Parties may apply to the people's court to investigate and collect evidence
1.The evidence is kept by the relevant state departments, and the parties and their litigants do not have the right to read and collect it;
2.involving state secrets, commercial secrets, or personal privacy;
3.Other evidence that the parties and their litigants are unable to collect on their own due to objective reasons.
Where parties and their litigants are unable to collect evidence on their own for objective reasons, they may apply in writing to the people's court for investigation and collection before the time limit for presenting evidence is completed.
9. Consequences of the parties providing false evidence
Where litigation participants or others fabricate or destroy important evidence, obstructing the people's courts' trial of the case, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Where units carry out the conduct in the preceding paragraph, they may be fined or detained by their principal responsible persons or directly responsible personnel; where a crime is constituted, criminal responsibility is pursued in accordance with law.
10. Under certain circumstances, a party may apply for evidence preservation
In circumstances where evidence may be destroyed or difficult to obtain in the future, the parties may apply to the people's court for preservation of evidence during the course of litigation, and the people's court may also take the initiative to take preservation measures.
Due to the urgency of the situation, where the evidence may be destroyed or difficult to obtain, the interested party may apply to the people's court for the preservation of evidence at the place where the evidence is located, the domicile of the respondent, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.
*: Yuyao Municipal People's Court, Zhejiang Tianping, Tianjin Second Intermediate People's Court.
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