Proceedings
Civil Procedure
Application for Evidence
Proceedings
Application for Evidence
Submission of Documentary Evidence
Documentary evidence means documents submitted to the court as evidence. Therefore, in addition to the copies submitted to the court, a party should make number of copies of the documentary evidence in the number equal to the number of defendants. On the hearing date, one copy should be submitted to the court while the rest is given to the defendant.
In the documentary evidence, you must place on the middle of the left side or the right side a number that reads: “GAP Evidence No. ____.” The documentary evidence submitted by defendant should have “EUL Evidence No. ____.” Also, if there are many copies of the same type of evidence, they should be labeled “GAP 1 of Evidence No. _____, GAP 2 of Evidence No. _____.” etc., by attaching branch numbers to the stem number “GAP Evidence No. ____.”
Also, when documentary evidence is submitted as a copy and not a transcript or original, in addition to numbering the documentary evidence as described above, from the first to last page, every page shall bear overlapping seals on each and the subsequent page. Also, at the bottom of the last page, “this is a true copy of the original. Plaintiff ___________” should be stated and then affix your seal. We recommend doing the same with the copies of documentary evidence to be given to the defendant. If the evidence is being submitted separately, we recommend making a “List of Documentary Evidence” as cover page to the documentary evidence (but if it has been attached to the complaint, this wouldn't be necessary).
Acceptance/Denial of Documentary Evidence
When a documentary evidence is submitted to the court as evidence, the court will ask the opposing party whether the document is true. This may be answered as either acceptance, denial or unknown. Acceptance means that the opposing party is accepting the evidence that the drafter drafted as claimed by the other party. Denial means that the document was not drafted by the person claimed as the drafter. Unknown means that the party does not know whether it is indeed the document drafted by claimed drafter or whether it is a forgery.
Submission of Evidence Description
When the number of documentary evidences are so vast that it makes it difficult to verify the purpose of the evidence one by one, when the documentary evidence is difficult to understand, when the purpose of the evidence is unclear, or when the drafter of the documentary evidence or its date is unclear, the evidence description must be submitted.
The evidence description must state the name of the document, drafted date, drafter and the purpose of evidence as well as whether original copy is in possession. For purpose of evidence, the core facts to be proven must be stated, and, depending on the issues, should also state why and how the document was drafted and specifically what fact is intended to be proven with the documentary evidence.