To help you collect the lawsuit evidence efficiently and economically, settle disputes more conveniently and to protect your legal rights, you need to know the basic procedure of investigation and evidence collection in the lawsuit. We have prepared the notice for you so please read it carefully.
20.1.The Party Concerned May Apply to the Court for Investigation and Evidence Collection.
If the party concerned and litigation representative are unable to collect the evidence relating to the case by themselves for understandable reasons, the party concerned may apply to the people's court for the investigation order or apply to the people's court for investigation and collection prior to the deadline for producing evidence.
20.2. Please Notice That the Following Evidence Cannot Be Collected by the Party Concerned
20.2.1.The evidence kept by the relevant department of the state which the party concerned and his litigation representative shall not be entitled to consult or retrieve;
20.2.2.The evidence involving state secrets, trade secrets and personal privacy;
20.2.3.The party concerned and the litigation representative are unable to collect the evidence relating to the case by themselves for objective reasons.
20.3. What Materials Must Be Submitted for the Application of Investigation and Evidence Collection?
20.3.1. The application must include the name and residence details of the evidence holder or the person being investigated; the content of the evidence and the facts it proved; the reasons for the evidence cannot be collected by the party concerned.
20.3.2. Letter of attorney involved entrustment;
20.3.3.Lawyer 's letter issued by the his law firm
20.3.4.Valid practicing certificate of attorney.
20.4. What Evidence does the Investigation Warrant require?
The evidence involved in an investigation warrant consists of bank accounts, social security information, registration information, documents, accounting vouchers, document of title , arrival-departure records and other documentary evidence, audio-visual materials, electronic data, expert opinions, records of inquest and other evidence.
20.5. How to Use an Investigation Warrant?
The validity of the investigation warrant shall be determined according to difficulty of investigating evidence, but shall not exceed fifteen days in general. The attorney shall investigate and collect evidence before the expiration of the period specified in the investigation warrant. The investigation warrant will autimatically be invalidated after the expiration of the given period.
When the attorney collects evidence with the investigation warrant, the practicing certificate of the attorney will be checked by the person who is being investigated. After investigation and evidence collection, all the evidence and the defendants shall be submitted to the people's court within three days.
If the investigation warrant is not used for certain reasons, the attorney who holds the investigation warrant shall return it to the people's court within three days after the expiration of the effective period of the warrant. If the person under investigation fails to provide evidence or refuses to assist in the investigation and evidence collection, the attorney who holds the investigation warrant is required to report the situation in written form.
20.6. The Liability of not Cooperating in Using the Investigation Warrant
The party concerned with relevant evidence of the case should cooperate with other parties who are using the investigation warrant to investigate and collect evidence, or otherwise they may face the risk of losing the lawsuit. Where relevant units or individuals interfere with the investigation proceeding in accordance with the law and the court can confirm the fact, the judicial proposals or written opinions shall be put forward to the relevant units or higher authorities, and require the units or individuals concerned to adjust and accommodate.
