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Evidence

Evidence
 
Evidence - one of the major components of the trial. It is based on them by wanting to express (prove) the correctness of its position. And the more unexpected is the appearance of evidence, the less chance your opponent will compare the counter. But judicial practice is strictly regulated and to resort to the possibility of unexpected evidence is not so simple.
According to Art. 131 Code of Civil Procedure of Ukraine "The parties must submit their evidence or report them to the court, before or during the preliminary hearing on the case. The evidence submitted within the period prescribed by the court, taking into account the time needed for presentation of evidence. "
But, unfortunately, the trial is difficult to anticipate the need to provide proof may arise after the prior session. For example, the testimony heard in the main meeting, may be invoked or be based on circumstances that may be recognized by the court as evidence. For example: a witness referred to a letter the contents of which can significantly affect the course of the proceedings (say in favor of the plaintiff). How to be in this case?
In this case, the defendant there is a real challenge to exclude the letter from the evidence base of the plaintiff. This is possible if the defendant set (prove) that the plaintiff knew of the existence of the letter (perhaps the plaintiff sign the receipt of a letter or referred to him in official correspondence). Thus the court would be forced to exclude this evidence, in our case the letter, based on Part 2 of Article 131 Code of Civil Procedure of Ukraine plaintiff can not prove that he was unable to provide evidence before or during the preliminary meeting for a good reason.
Proceeding from the above, remember the old Latin proverb: "The evidence is valued for quality, not quantity." In our case You can add: "and for their timeliness"!
 
Author:
Lawyer Legal company Chernov AV

 

 

 
Institute of Finance of the French Bar

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