To help you to efficiently collect lawsuit evidence, to conveniently settle disputes and to protect your legal rights, you should carefully read the following document about the procedure of evidence discovery in the lawsuit.,
21.1. What is Evidence Discovery?
Evidence discovery is the process when the parties concerned mutually exchange their own evidence before the trial. This exchange of facts will make their respective cases as close to the truth as possible, prevent surprise attacks during the trial, and assist the parties in reaching an amiable outcome by increasing the possibility of a settlement through reconciliation and mediation.
21.2. What Evidence Needs Discovery?
Any factual evidence related to the case that will be present in the trial should be disclosed. This includes evidence related to substantive law, adjective law, foreign law and local regulations. Exceptions to evidence discovery include the following:
21.2.1. Evidence concerning state secrets;
21.2.2.Where the evidence involves a business secret, the party concerned has the right to refuse to disclose the evidence. If necessary, the court will have the final decision of the disclosure of the evidence and all other parties must strictly observe the secret and not disclose it to persons not involved in the case. If losses are caused as the result of disclosure by another party, the party concerned will compensate for the losses.
21.2.3. Evidence obtained by illegal means.
21.3. The Unfavourable Consequences of not Obliging in Evidence Discovery.
Where one of the parties refuses to disclose evidence without good reasons within due time, the judge reserves the right to refuse the cross examination for evidence provide by that party in subsequent proceedings.
If one party has evidence to prove that the other party holds the key evidence relating to the facts of the case, he may apply to the court for evidence discovery. If the opposing party refuses to disclose the evidence, the judge may, based on the circumstances of the case, confirm that the party who refuses to produce evidence shall bear the unfavourable result.