Legal analysis: How to apply for court evidence preservation

(1) The parties applying for evidence preservation should meet the following conditions:

1. The evidence preserved must be related to the case. Connection, that is, the evidence can be used as a basis to prove the occurrence, change or elimination of the civil relationship between the two parties.

2. The evidence may be lost or difficult to obtain later.

3. Copyrights, copyright-related rights holders, trademark rights holders and their interested parties may submit written applications before or during litigation. The patentee and its interested parties may submit a written application during the lawsuit. When the people's court implements pre-litigation measures to stop patent infringement, it may also preserve evidence based on the application of the party concerned.

4. If the preservation of evidence may cause property losses to the respondent, the people's court may order the applicant to provide corresponding guarantee.

(2) When a party applies for evidence preservation, the following materials should be submitted:

1. Application letter. The application shall state: the parties and their basic information; the specific content, scope and location of the evidence requested for preservation; the objects that can be proved by the evidence requested for preservation; the reasons for the application, including that the evidence may be lost or difficult to obtain in the future, and the parties and their litigation Specific instructions that the agent cannot collect on his own due to objective reasons.

2. Preliminary evidence proving that the civil relationship claimed by the applicant exists between the parties (such as the respondent has committed an infringement).

3. If the people's court orders the applicant to provide corresponding guarantee, the applicant shall provide effective guarantee procedures.

Evidence preservation measures can be taken not only at the time of prosecution, after the court accepts the lawsuit, and before the trial, but also before prosecution. In the former case, the court can either take action based on the applicant's application, or it can take action ex officio when it deems it necessary. In the latter case, the applicant can either file a lawsuit with a court with jurisdiction or the notary office where the evidence to be preserved is located. However, at this time, both the court and the notary office can only take preservation measures based on the applicant's application, and cannot proactively take evidence preservation measures ex officio.

If the application for evidence preservation is made to the court, a written application should be submitted, which should state:

(1) The parties and their basic information;

(2) The specific content, scope and location of the evidence requested for preservation;

(3) The objects that the evidence requested for preservation can prove; (4) The reasons for the application, including the possibility that the evidence may be lost or Specific instructions that will be difficult to obtain in the future and that the parties and their litigation representatives cannot collect on their own due to objective reasons. If it is submitted to a notary office, a notarization application form should be submitted.

The notarization application form should include the following content:

(1) The purpose and reason for applying for evidence preservation

(2) The type and name of the application for evidence preservation Location and existing conditions;

(3) Methods of evidence preservation;

(4) Other contents that should be explained.

The scope of evidence preservation shall be limited to the scope applied for by the applicant. If the applicant's application for pre-litigation preservation of evidence may involve property losses of the respondent, the People's Court may order the applicant to provide corresponding guarantees.

After the court receives the application, if it considers that the conditions for taking evidence preservation measures are met, it shall rule to take evidence preservation measures. If it finds that the conditions are not met, it shall rule to reject it. If the applicant does not file a lawsuit within 15 days after the People's Court takes measures to preserve evidence, the People's Court shall terminate the measures taken.

We should attach great importance to valid evidence of our own relevant interests. If you really don’t have confidence in protecting the evidence, you can choose to apply to the court for evidence preservation. Because this may be the best way for ourselves. However, when applying for evidence preservation, not everything can be approved. We should conduct a specific assessment of our own conditions before applying.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 81 When evidence may be lost or difficult to obtain in the future, the parties may apply to the People's Court for preservation during the litigation process. Evidence, the People's Court may also proactively take preservation measures. Due to urgent circumstances and when evidence may be lost or difficult to obtain in the future, an interested party may apply to the people's court where the evidence is located, where the respondent is domiciled, or the people's court with jurisdiction over the case to preserve the evidence before filing a lawsuit or applying for arbitration. For other procedures for evidence preservation, refer to the relevant provisions on preservation in Chapter 9 of this Law.