• Proceedings
  • Civil procedure
  • Application for evidence
  • 인쇄하기

Application for evidence

Application for examination/evaluation

When application for examination/evaluation is submitted to the court and adopted, you must confirm the cost of examination and evaluation that must be paid and then advise as to where the examination/evaluation should take place. If the examination/evaluation costs are not deposited, the examination/evaluation may not be undertaken.

Examination of documentary evidence outside the court

If the evidence is adopted for examination of documentary evidence, then application for outside the 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, etc, necessary 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.

Commissioning document delivery

Commission of document delivery means the process of asking a party in possession of a document to deliver certain document to the court regardless of whether such person has the duty to submit document or not. This is widely used when documents held by government institutions, corporate entities, schools or hospitals need to be submitted as documentary evidence.

When evidence is chosen by the court for commissioned delivery, you must confirm the location and the number of such document and submit a request to commission delivery of document promptly to the relevant court. If the location of the document or the number is not accurate, then the commissioning of delivery may not take place. If the document commissioned for delivery arrived in the court, you must submit same to the court as documentary evidence by the hearing date.

Order to submit documents

Order to submit document is a procedure where, when a certain document that needs to be submitted as documentary evidence is held by the other party or a third party, such party may apply to the court to order such document to be submitted to the court. The document submission order request must state the document labeling and purpose, holder, 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, and now all documents must be submitted except when the same reasons for refusing to offer testimony (e.g., police prosecution, disgrace, occupational confidentiality, employment secret, etc.) apply to the document those documents which public servants must maintain as a part of their job.