• Proceedings
  • Civil procedure
  • Application for evidence
  • 인쇄하기

Application for evidence

Application for evidence

This refers to an application to the court for examination of evidence. Examination of evidence takes place principally based on the party’s application. When a party makes an application for evidence, the court must make a decision thereto. The particulars of application for evidence consist of submitting documents or things as evidence or applying for the testimony of witness, evaluator, interpreter or translator. Also, because civil procedure is ruled by the doctrine of pleading, the courts do not examine any evidence which the parties have not applied for.

Principle of timely submission, restriction on presentation period (Articles 146, 147)

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The method of attack or defense must be produced at the pertinent time pursuant to the progress of litigation.
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The presiding judge may set a certain period for the production of certain assertions or to apply for examination of evidence, and if such periods are lapsed, the party failing to meet such periods lose their right to do so.