The trial is coming. What if the evidence collection is overdue?

First, your question belongs to the "time limit for proof" in the Civil Procedure Law. According to Article 34 of the Supreme People's Court's Provisions on Evidence in Civil Litigation, the parties shall submit evidence materials to the people's court within the time limit for adducing evidence. If the party fails to provide evidence within the time limit, it shall be deemed as giving up the right to provide evidence. "The court said that you didn't submit the evidence within one month" means that your situation has exceeded the "proof period", and the legal effect will be that "the people's court will no longer organize cross-examination of the evidence materials submitted by the parties after the time limit", that is to say, when you submit the evidence again, the people's court will no longer organize cross-examination. The more direct consequence is that evidence that has not been "cross-examined" cannot be used as the basis for determining the facts of the case.

Second, you can solve this situation in two ways. First, according to Article 34 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings, "the people's court shall not organize cross-examination of the evidence materials submitted by the parties within the time limit. However, unless the other party agrees to cross-examine, if your evidence can be recognized by the other party, you can cross-examine. But this method is generally not easy to do unless you can think of some other reasonable ways to get the other party's consent. If the other party doesn't have a litigator, try it.

Thirdly, another method is based on Article 41 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings, which stipulates that "new evidence in the first-instance procedure includes evidence newly discovered by the parties after the expiration of the time limit for adducing evidence in the first instance", and Article 42 stipulates that if the parties provide new evidence in the first-instance procedure, they shall provide it before or during the trial of the first instance. If you can explain to the court that the evidence is "new evidence", the court will still organize cross-examination. But this situation needs to be fully stated before the judge can believe that it is "new evidence." You should fully explain that this evidence is unknown before and is "newly discovered".

In a word, it is difficult to give evidence after the time limit for giving evidence. Please be prepared to take other measures to win the lawsuit.

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