Apply to the court for investigation and evidence collection. Does the court take evidence before or after the trial?

1. The court must investigate and collect evidence before hearing a case.

2. Although the law does not clearly stipulate when to investigate and collect evidence, according to Article 68 of the Civil Procedure Law, "evidence shall be presented in court and cross-examined by the parties." All evidence must be presented at the trial. If you go to investigate and collect evidence after the trial, the evidence obtained from the investigation and collection will have to be presented and cross-examined, which will not only waste judicial resources, but also cause litigation fatigue to the parties. Therefore, in judicial practice, the court conducts investigation and evidence collection before the court session.

3. Investigation and evidence collection is the right given to the people's court by law. Paragraph 2 of Article 64 of the Civil Procedure Law stipulates that the people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. Article 67 stipulates that the people's court has the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse.

4. Article 94 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).

Provisions: The evidence stipulated in the second paragraph of Article 64 of the Civil Procedure Law that the parties and their agents ad litem cannot collect by themselves due to objective reasons includes:

(a) the evidence is kept by the relevant state departments, and the parties and their agents ad litem have no right to consult or obtain it;

(two) involving state secrets, commercial secrets or personal privacy;

(3) Other evidence that the parties and their agents ad litem cannot collect by themselves due to objective reasons.

Evidence that the parties and their agents ad litem cannot collect by themselves due to objective reasons may apply in writing to the people's court for investigation and collection before the expiration of the time limit for adducing evidence.

5. Article 17 of "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" stipulates that:

Meet one of the following conditions, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence;

(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and must be transferred by the people's court according to its functions and powers;

(two) materials involving state secrets, commercial secrets and personal privacy;

(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.

6. Article 18 of "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" stipulates: "The parties and their agents shall submit a written application to the people's court when applying to the people's court for investigation and collection of evidence. The application shall specify the name of the person under investigation or the name of the unit, the place of residence, the contents of evidence to be investigated and collected, the reasons for the people's court to investigate and collect evidence, and the facts to be proved. "