Proceedings
Civil Procedure
Application for Evidence
Proceedings
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 objects as evidence or applying for the testimony of witness, evaluator, interpreter or translator. Also, because civil procedure is ruled by the doctrine of pleading, courts do not undertake examination of any evidence which the parties have not applied for.
Principle of Timely Presentation, Restriction on Presentation Period (Articles 146, 147)
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The method of offense or defense must be produced at the pertinent time pursuant to the progress of litigation
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The presiding judge may set the period to produce an avement or to apply for examination of evidence, and when the parties have passed such period, they lose their right to do so.