How to apply for evidence preservation

7. How to apply for evidence preservation? (1) The parties applying for evidence preservation shall meet the following conditions: 1. The evidence to be preserved must be relevant to the case, that is, the evidence can be used as the basis for proving the occurrence, alteration or termination of the civil relationship between the parties.

2 Evidence may be lost or difficult to obtain at a later date. 3. The copyright owner, the copyright-related right holder, the trademark owner and their interested parties may submit a written application before or during the litigation. The patentee and its interested parties may submit a written application in the lawsuit.

When a people's court enforces measures to stop patent infringement before litigation, it may, upon the application of the parties, at the same time preserve evidence. 4. Where the preservation of evidence may lead to the loss of the respondent's property, the people's court may order the applicant to provide corresponding guarantees. (2) Parties applying for evidence preservation shall submit the following materials:

1 Application. The application shall clearly state: the parties and their basic information; the specific content, scope, and location of the application for preservation of evidence; the object of the request for preservation of evidence; The reasons for the application, including a specific explanation that the evidence may be destroyed or difficult to obtain in the future, and that the parties and their litigants cannot collect on their own due to objective reasons.

2. Prima facie evidence to prove the existence of a civil relationship asserted by the applicant between the parties (e.g., the respondent has committed an infringement). 3. If the people's court orders the applicant to provide the corresponding guarantee, the applicant shall provide effective guarantee procedures. See Sources:

How to apply for evidence preservationWhere litigation participants may lose evidence with a delay or are difficult to obtain in the future, litigation participants may apply to the people's court for the preservation of evidence, and the people's court may also take the initiative to take preservation measures. Applications to the people's courts for the preservation of evidence must not be later than 7 days before the completion of the time limit for presenting evidence.

Article 74 of the Civil Procedure Law of the People's Republic of China: In circumstances where evidence may be destroyed or difficult to obtain in the future, litigation participants may apply to the people's court for preservation of evidence, and the people's court may also take the initiative to take preservation measures. Article 23 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings:

In accordance with the provisions of article 74 of the Civil Procedure Law of the People's Republic of China, parties applying to the people's court for the preservation of evidence must not be later than 7 days before the expiration of the time limit for presenting evidence. Where a party quietly applies for the preservation of evidence, the people's court may require it to provide corresponding guarantees. Where laws or judicial interpretations provide for the preservation of evidence before litigation, it is to be handled in accordance with those provisions.

Article 24: People's courts may employ methods such as sealing, seizure, photographing, audio or video recording, reproduction, appraisal, inquest, and making records based on the specific circumstances. People's courts may require the parties or litigants to be present when conducting evidence preservation.

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