Winning in court does not depend solely on being in the right. The successful outcome of court disputes in civil cases primarily depends on the evidence presented. According to civil procedural legislation, the court makes decisions only based on the evidence in the case. Experience shows that citizens most often express dissatisfaction when cases are decided against them, even when they are in the right and have presented certain evidence. This is often due to non-compliance with the rules of evidence.
According to news provided to Modern.az, it is not enough for evidence merely to exist; it must be submitted in the manner and within the timeframe prescribed by law. Otherwise, it may not be accepted by the court.
When should evidence be submitted?
According to civil procedural legislation, evidence should primarily be submitted at the stage of preparing the case for consideration (at the preparatory hearing) in the court of first instance. If a person has the opportunity to submit evidence at this stage but fails to do so and submits it later, the court may not accept that evidence.
In which cases can evidence be submitted later?
The law allows for certain exceptions.
1. If the need for evidence arises later - Sometimes the necessity of presenting evidence emerges precisely during the court hearing. For example, new facts are discovered during the court hearing; explanations from the parties reveal new circumstances, the situation regarding the subject of the dispute changes (e.g., the legal status of property changes). In such cases, evidence confirming these facts may be submitted later.
2. Even if the evidence existed from the outset but could not be submitted on time due to objective reasons, the court may still accept it. However, an important condition here is that the person must also prove the reason for their inability to submit the evidence on time. For example, an official inquiry was sent on time, but the response was delayed. In this case, the inquiry and response letters must also be submitted to the court.
Can new evidence be submitted at the appellate stage?
The submission of new evidence at the appellate instance is more restricted. This is only possible if the person can justify their inability to submit that evidence in the first instance. For example, valid reasons may include: not receiving notifications about court hearings, serious illness or long-term treatment, and other objective and provable circumstances. These reasons must also be confirmed with relevant documents.
Which evidence is generally not accepted?
Even if submitted on time, evidence must meet the following requirements. Otherwise, the court will not accept such evidence.
⦁ must be relevant to the case (must be related to the dispute);
⦁ must be obtained through legal means.
Recommendations:
⦁ Collect all evidence as much as possible at the pre-trial stage;
⦁ Submit evidence at the preparatory stage in the court of first instance;
⦁ If evidence is submitted late, justify the reason for it;
⦁ Seek legal assistance if necessary.
