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Is it a good thing to exchange evidence before trial?

During the court reform, many courts have implemented the pre-trial evidence exchange system and achieved good results. The exchange of evidence can be requested by the parties or decided by the court ex officio. The host of the evidence exchange is the judge, and the time for the evidence exchange can be agreed upon by the parties before the trial and approved by the court. In addition, it is also stipulated that evidence should generally be exchanged no more than twice. Witnesses' statements in the pretrial exchange of evidence shall be deemed to be testimony in court.

1. Is it necessary to exchange evidence before the trial?

1. In major and complex civil cases, it is difficult to determine the dispute and evidence simply by setting the time limit for producing evidence. The court should Organize both parties to exchange their respective evidence before the trial.

2. For cases where there is not much evidence and the case is simple, and the dispute and evidence can be determined by specifying a time limit for the production of evidence, there is generally no need to exchange evidence. If the parties request the court to exchange evidence.

2. The following points need to be noted when exchanging evidence before trial:

1. The scope of evidence exchange should not be too wide.

The scope of evidence exchange should be defined as cases with relatively complex circumstances and a large number of evidence materials. Any expansion of the scope will artificially affect work efficiency. The evidence that needs to be exchanged is, in principle, all evidence related to the facts of the case obtained by the parties themselves and submitted to the court, but there are no restrictions.

2. The subject of evidence exchange.

The subjects of evidence exchange include the host and participants. The person presiding over the exchange of evidence shall be the presiding judge of the case, with the cooperation of the clerk. This will not only reduce the burden on the collegial panel and improve work efficiency, but will also help the presiding judge become familiar with the evidence exchanged, grasp the focus of the dispute between the two parties, and prepare for the trial.

The participants in the exchange of evidence shall be the parties and their litigation representatives. The basic role of a judge is to urge and assist both parties in sorting out disputes and exchanging evidence. The judge is not allowed or impossible to comprehensively and directly investigate and verify the evidence materials of both parties and determine who is right and who is wrong in their claims.

3. Time for evidence exchange.

As for the time for exchanging evidence, the time for exchanging evidence can be agreed upon by the parties. And with the approval of the People's Court, it can also be designated by the People's Court. If the people's court organizes the parties to exchange evidence, the time limit for producing evidence shall expire on the day of the exchange of evidence. If the party applies for an extension to produce evidence and is approved by the people's court, the date of evidence exchange shall be postponed accordingly.

Therefore, the exchange of evidence generally requires that the evidence has been collected accordingly during the defense period. When submitting the defense, the court can provide guidance on the evidence and determine the time for the exchange of evidence so that the evidence can be exchanged accordingly. The parties must exchange evidence in a timely manner or have sufficient time to collect and provide evidence in order to reduce the number of court sessions.

4. Prevent the parties from intentionally not giving evidence or exchanging evidence.

During the litigation process, some parties intentionally did not participate without justifiable reasons after receiving the notice of evidence exchange. surprise attack.

3. What are the specific applicable principles of the former evidence exchange system?

1. The principle that the parties voluntarily cooperate with the People's Court ex officio.

The People's Court respects the parties' right to choose the exchange of evidence before trial and does not interfere too much. Only when the party's exercise of the right to choose infringes upon the rights of the other party or improper behavior occurs during litigation, the People's Court will Intervene in their behavior. During the pre-trial evidence exchange stage, the people's court should fully protect the equal rights of both parties to the litigation process, so that both parties can fully understand the other party's claims and evidence during the pre-trial evidence exchange stage, and prevent differences in litigation skills and abilities from becoming the outcome of the case trial. The decisive factor is to ensure the fairness of the litigation during the pre-trial evidence exchange stage.

2. Litigation efficiency and economic principles.

The establishment of a civil litigation evidence exchange system should be as simple and rapid as possible to ensure preparation for the trial, so that a substantial trial can be conducted within the limited time of the trial and the case can be concluded in a timely manner, thereby improving the efficiency of the trial and laying the foundation for the trial. The procedures are carefully monitored.

3. The principle of procedural stability and procedural disclosure

Stipulates that the exchange of evidence should be orderly, irreversible, and final, and act in accordance with legal procedures. In order to prevent parties from holding evidence in court "Sudden attack" limits the time limit for parties to present evidence. Procedural disclosure refers to the disclosure of procedural systems, procedural mechanisms and procedural activities.

Throughout the principle of procedural openness, the rules for pre-trial evidence exchange require clear provisions in terms of the scope of exchange, time of exchange, method and date of receipt and exchange of evidence, and the relationship between court investigation and evidence collection and the parties’ pre-trial evidence exchange, etc., so as to make the litigation Both parties must understand the entire process of pretrial evidence exchange, the procedural solutions to problems that may arise during the exchange process, and the legal consequences of not exchanging evidence, and fully mobilize the active participation of the parties in pretrial evidence exchange, so that the pretrial evidence exchange system can truly achieve intended purpose.

Legal basis:

"Several Provisions on Evidence in Civil Litigation"

Article 37

Exchange of evidence before trial There are two reasons for this. First, at the request of the parties, the People's Court can organize the parties to exchange evidence before the trial. Second, for cases with a large amount of evidence and complex and difficult circumstances, the People's Court shall, ex officio, start the hearing after the expiration of the defense period. Organize the parties to exchange evidence before the trial.