Application for Examination/Evaluation

When application for examination/evaluation is submitted to the court and has been approved, you must confirm the cost of examination/evaluation to be paid and pay in advance the verification and appraisal expenses as a court deposit. If the examination/evaluation costs are not deposited, the examination/evaluation may not be undertaken.

Out-of-Court Examination of Documentary Evidence

If the evidence is adopted for examination of documentary evidence, then application for out-of -court documentary evidence examination must be submitted after confirming the place where document subject to examination is kept as well as its document number. The amount of travel expenses and other necessary fees for the document examination should also be deposited. On the documentary evidence examination date, the party shall come to the location of the documentary evidence examination, draft a transcript of the documentary evidence and submit it as documentary evidence.

Entrusting Forwarding of Document

Entrusting fowarding of document means the process of requesting the holder of document to foward such document to the court, regardless of whether such person has the duty to submit the document or not. This is widely used when documents held by government institutions, corporate entities, schools or hospitals are required for submission of documentary evidence.

When the court orders for submission of document, you must confirm the location and the number of such document and submit a request for entrusting foward of document promptly to the relevant court. If the location of the document or the number is not accurate, then the forwarding of document may not take place. If the requested document is arrived at the court, you must submit the document as a documentary evidence to the court on the hearing date.

Order to Produce Documents

Order to produce documents is a procedure where a certain document that needs to be submitted as documentary evidence that is held by the other party or a third party and the party may apply to the court to order such document to be submitted to the court. In the order to produce document, it must state the document labeling and purpose, holder of the document, facts to be proven and the reason why such evidence must be submitted.

The amended Civil Procedure Act has expanded the duty of the document holder to submit documents so currently every documents must be submitted. The exceptions are when the same reasons for refusing to offer testimony (e.g., police prosecution, disgrace, occupational confidentiality, employment secret, etc.) apply to the document and also those documents that are kept or held by public servants in connection with their duties.