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Notice on Evidence Submission

Release time:2018-12-26 17:01:52 作者:IPC source:IPC

 I. The party is responsible for evidence submission to prove the facts that his claims based on or to rebut the claims of the other parties. Failing to submit evidence or the evidence submitted is not sufficient to prove the facts that he claimed, the party bearing the burden of proof shall take the negative legal consequences.

 

II. The party shall submit evidence to the court within the time limit of evidence designated by the court. In case of verified difficulty in submitting evidence within the time limit, the party may apply to the court for an extension of time of evidence. The time limit may be extended appropriately after permission.

 

III. The evidence submitted by the party should be original copies or originals. The original copies or originals of the evidence shall be presented by the party in the court session and cross-examined by the other parties.


IV. The evidence submitted by the party shall be classified and numbered in order, with a brief introduction to the source of the evidence, the facts to be proved and the contents as well. The signature or the seal shall also be needed, and after marking the submission date, copies shall be provided to other parties according to the number of the other parties.

 

V. If the evidence submitted by the parties to the court was formed beyond the territory of the People's Republic of China shall be notarized by a notary office of the country concerned where the evidence was formed and shall be authenticated by the Chinese embassy or consulate in that country respectively, or shall be subject to the certification formalities as provided in the relevant bilateral treaties concluded between the People’s Republic of China and the said country. If the evidence submitted by the parties to the court was formed in Hong Kong, Macao or Taiwan, relevant verification formalities shall be fulfilled. The foreign-language documents submitted by a party to the court shall be accompanied by the Chinese translation version thereof.

 

VI. If the party or his agent ad litem applies for investigation and evidence collection by the court a written application shall be submitted before the deadline of evidence submission. The application shall specify the name, work place, domicile and other basic information of the person to be investigated, the content of the evidence to be investigated and collected, the reason for the investigation and evidence collection by the court and the facts to be proved.

Any application of a party and his agent ad litem for investigation and evidence collection by the court shall be subject to the approval of the court.

 

VII. The party concerned and his agent ad litem may apply for investigation and evidence collection by the court, if:

1. The evidence to be investigated and collected is kept by the relevant state organ and required to be retrieved by the court ex officio;

2. The evidence to be investigated and collected concerns state secrets, commercial secrets, or personal privacy;

3. The party or his agent ad litem is unable to collect the evidence by themselves for objective reasons.

 

VIII. Applications for witness testimony shall be made within the time limit of evidence and subject to the approval of the court.

 

IX. Applications for evidence preservation shall be made within the time limit of evidence and a corresponding guarantee shall be provided as required by the court at the same time.

 

X. Application for appraisal shall be filed within the time limit of evidence. If the party who bears the burden of proof for the issues requiring appraisal fails to file the application without justified reasons, or fails to pay the appraisal fee in advance, or fails to provide relevant materials, which renders it unable to assertain the facts in dispute via appraisal, he shall bear the negative legal consequences arising from the failure to prove such facts.

After the application for appraisal by a party concerned approved by the people’s court, the parties shall select a qualified appraisal organ and appraisal personnel by consultation. Should such consultation fails, the appraisal organ and personnel will be designated by the Court.

 

(The English Version is for reference only. In case of discrepancy, the Chinese version shall prevail.)


Responsible editor:IPC