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The fact that a copy of an IOU cannot be accepted as valid evidence alone does not mean that the copy does not have any probative force. A copy that cannot be verified with the original is circumstantial evidence of a defect in authenticity, and circumstantial evidence is not without probative force. In other words, if there are other circumstantial evidence other than the photocopy that can also corroborate the facts to be proved, and these evidences are true and valid, and the other party cannot provide strong counter-evidence, then the photocopy can have strong probative force.
The rules for the use of circumstantial evidence are: first, the facts to be proved cannot be proved alone, and there must be more than two; second, every circumstantial evidence should be verifiable; Third, every circumstantial evidence has an objective connection with a certain aspect of the facts; Fourth, there is no contradiction between the circumstantial evidence, and the content and form are consistent; Fifth, the conclusions drawn from all circumstantial evidence are positive, unique and exclusive.
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A copy of the IOU has legal effect, but it can generally only be used as evidence and plays an auxiliary role. The court will not support the copy of the IOU as evidence for the request to repay the loan, and there is no other evidence sufficient to prove the fact of the loan!
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No legal effect. Originals must be submitted.
Some people pay back the money and return the IOU.
The lender makes another copy and sues you, what if you don't have the original.
Code of Civil Procedure.
Article 70: Documentary evidence shall be submitted in original. Physical evidence shall be submitted in its original form. If it is truly difficult to submit the original or the original, a copy, **, copy, or excerpt may be submitted.
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A copy of the IOU is legally valid as evidence. However, there are two situations that will occur when using stuffiness: one is that it will be accepted after checking with the original or if the other party does not object.
On the other hand, it is denied because it cannot be verified with the original or is objected to by the other party.
Legal basis: Article 11 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that when a party provides evidence to the people's court, it shall provide the original or original object.
If it is necessary to preserve the original evidence or the original by oneself, or it is truly difficult to provide the original or original, a copy or duplicate that has been verified by the people's court may be provided.
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It is difficult for the court to use the copy of the model as evidence to determine the facts of the case without checking the original.
Legal basis: Article 69 of the Supreme People's Court's Several Restrictions on Evidence in Civil Proceedings: The following evidence alone cannot be used as the basis for determining the facts of a case:
1) Testimony given by a juvenile or upright person who is not commensurate with his age and mental condition;
2) Testimony given by witnesses who have an interest in one of the parties or its ** persons;
3) Audio-visual materials with doubtful points;
4) Copies or reproductions that cannot be checked with the originals or originals;
5) Witness testimony of failing to appear in court to testify without a legitimate excuse.
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The legal validity of a copy of an IOU depends on whether it can be verified with the original IOU. If the original IOU still exists or is consistent with the IOU held by the other party, then you can rest assured that it has the legal effect of being used as evidence to mark the evidence. In the absence of verification of the original, it is difficult for the court to use the copy of the IOU as evidence to determine the facts of the case.
Article 69 of the Supreme People's Court's Several Limitations on Evidence in Civil Litigation (Article 69) The following evidence alone cannot be used as the basis for determining the facts of a case: (1) Testimony made by minors that is not commensurate with their age and intellectual status; 2) Testimony given by witnesses who have an interest in one of the parties or its ** persons; 3) Audio-visual materials with doubtful points; 4) Copies or reproductions that cannot be checked with the originals or originals; 5) Witness testimony of failing to appear in court to testify without a legitimate excuse.
Article 78 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China: Where evidentiary materials are reproductions, and the person providing them refuses to provide the originals or clues in the originals, there are no other materials to corroborate, and the opposing party refuses to admit them, they must not be used as the basis for determining the facts in the litigation.
The verbal agreement is valid.
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