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How to apply for investigation and evidence collection?

date:2019/11/26 Clicks:100
The rule of proof of Civil Procedure Law of the People's Republic of China is "the one who claims, the one who provides proof". However, in the following three cases, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence: 
(1) The evidences applied for investigation and collection are the archive files kept by relevant organs of the state and must be accessed by the people’s court upon authority;
(2) The materials that concern state secrets, commercial secrets or personal privacy;
(3) Other materials that cannot be collected by the parties concerned or the agents ad litum thereof due to objective reasons.
Article 18 To plead the people’s court for investigating upon and collecting evidences, the parties concerned and the agents ad litem thereof shall submit a written application.
The application shall clearly specify the basic information of the evidences, such as the name of the person investigated or the title of the entity, the dwelling place, the contents of the evidences to be investigated upon and collected, the reasons of why the evidences need to be investigated upon and collected by the people’s court and the facts to be proved.
Article 19 The application of the parties concerned and the agents ad litem thereof to the people’s court for investigating upon and collecting evidences shall be filed at no later than seven days prior to the expiration of the term for producing evidences.
If the people’s court refuses to approve the application of the parties concerned or the agents ad litem thereof, it shall service a notice to them. The parties concerned and the agents ad litem thereof may file a written application to the people’s court that accepts the application for reconsideration within three days after receiving the notice. The people’s court shall give a reply within five days after receiving the application for reconsideration.
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
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