Applying for evidence is one of the methods for collecting case materials. It applies if the plaintiff is unable to obtain documents on their own. Knowing a few rules is enough to achieve the desired result.
Value to the Trial
In the trial, evidence is built on the evidence of witnesses, examination materials and documents. The witness is summoned by reporting what information he will provide. The court appoints an examination at the request of the parties or one of the parties.
With documents, everything is somewhat more complicated. And you have to file a petition for the demand for evidence. Some papers are closed automatically. For example, hereditary affairs of notaries are open only to persons directly related to them. This is restricted access information.
The issuance of documents is refused, guided by internal, departmental regulatory acts, or on their own, without any formal basis.
As evidence, not only documents can be claimed, but they have to be dealt with most often, therefore we discuss the topic in relation to them in the article.
The role of the court
A judge is one of the few officials to have access to information without restriction. In addition, ignoring a court request can lead to negative consequences.
Due to the status of the court, petitions for the demand for evidence are normal for him to work.
Who has the right to appeal
It is possessed by any participant in the process who needs the help of the court, and whose position is justified by the requested evidence. This applies equally to the plaintiff, and the defendant, and third parties. Interestingly, the claim may be addressed to one of the parties to the process. Failure to comply with a court order will result in a court fine.
Does the court always agree
The petition for the court to demand evidence is granted, depending on whether the applicant is really unable to provide the materials and whether he made efforts on his part.
The ban on the issuance of information imposed by law is a sufficient reason for applying. In the absence of a ban, a copy of the application with a mark of acceptance is provided to the court.
An equally important point is the relevance of the evidence. By it is meant its significance for the cause. It confirms or, conversely, refutes the statement of the participant in the process. At the same time, the court may refer to the fact that the requested document is not really relevant to the case.
How to make a statement
It has the following structure:
- name of court;
- case number (if filed in court);
- a description of the evidence to be obtained in the opinion of the participant in the process;
- circumstances or facts confirmed by him;
- body or organization where, in the opinion of the applicant, documents may be located;
- reasons excluding access to it without court assistance;
- reference to regulatory documents justifying the position of the applicant;
- filing date and signature.
A petition for the demand for evidence in a civil proceeding is attached either directly to the claim or is combined with its text. It’s even easier from a technical point of view.
It is advisable to file a petition either before the trial, at the same time as the lawsuit, or before the consideration of the case on the merits during the preliminary hearing.
Submission procedure
The submission is made either to the registry of the court, or directly to the judge. The first method is attractive with reliable fixation of the procedural action. All incoming correspondence is noted in a special journal.
If you pass it on in the judge’s office, there may not be a mark in the minutes. Without confirmation of the application, the applicant will be in a difficult position to appeal the decision.
The presence of a copy with a note from the court registry will force the judge not only to complete everything properly, but also to carefully consider the application.
Review Procedure
Is the fact of providing a petition for the demand for evidence sufficient? The samples do not indicate that it needs to be announced in court. In the Russian Federation, the principle of the oralness of the lawsuit applies. The documentary form only serves as insurance against illegal actions of the court.
The judge asks the opinion of other participants in the process, and then makes a decision. In the absence of other participants in the process, the application must still be voiced.
According to the results, the judge will either send a request to the address or transfer it to the applicant, and he will already directly contact the relevant organization.
Finally
A request to the court for the collection of evidence is justified if:
- there was an appeal to the person possessing him, and a refusal or ignoring of the request followed;
- the request for extradition was accepted, but no reply was received within the statutory time period (usually 30 days).
It is advisable to file an application with the court before considering the case on the merits and through the office in order to fix its filing.