• Proceedings
  • Civil procedure
  • Application for evidence
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Application for evidence

Submittal 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 copies equal to the number of defendants. On the hearing date, one copy should be submitted to the court, and the rest shall be given to the defendant.
On 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, all of the pages between the first page and the last page shall bear overlapping seals on each and the next page, while at the bottom of the last page, there should be a statement that “this is a true copy of the original. Plaintiff ___________” and then affix your seal. We recommend doing the same with the documentary evidence copies to be given to the defendant. Although it is not necessary if it has been attached to the complaint, if the evidence is being submitted separately, we recommend making a “list of documentary evidence” as cover page to the documentary evidence.

Admission/Denial of Documentary Evidence

If documentary evidence is submitted to the court as evidence, the court asks the opposing party whether it is truthful. This may be answered as either admission, denial or unknown. Admission means that the party is accepting the evidence as something that the drafter drafted as claimed by the other party. Denial means that the document was not drafted by the alleged drafter. Unknown means that the party does not know whether it is indeed a documents drafted by the alleged drafter or whether it is a forgery.

Submission of details of evidence

When the number of documentary evidence is so vast that it is difficult to verify the purpose of the evidence on by one, or when the documentary evidence is difficult to understand or when the purpose of the evidence is unclear, or when the drafter of the documentary evidence or its date is unclear, the details of evidence must be submitted.
The details of evidence must state the name of the document, date drafted, drafter and the purpose of evidence as well as whether original is in possession. For purpose of evidence, the core facts to be proven must be stated, and depending on the issues, shall also state why and how the documents was drafted and specifically what fact is intended to be proven with the documentary evidence.