How to preserve evidence in a divorce? How to preserve the evidence of divorce, how to preserve the

This should be kept by yourself @!!

As we all know, civil litigation is a process. From the parties' lawsuit to the announcement of the judgment, the period must go through a series of links such as case filing, **, cross-examination, debate, trial, judgment, appeal, etc., and it takes time to carry out these links. However, some evidence in litigation cannot wait too long, and waiting too long will cause the divorce evidence to be lost or damaged due to natural or human reasons.

Therefore, it is necessary to take some necessary measures as soon as possible to implement conditional fixation or protection of evidence, that is, the preservation of divorce evidence. As an extraordinary measure, the preservation of evidence in divorce is conditional rather than unconditional.

According to the provisions of the Civil Procedure Law, there are two conditions for the preservation of divorce evidence:

One is that the evidence may be lost. If the witness is old. If there is a possibility of death due to illness, evidence should be collected in a timely manner; Another example is that the items used as evidence are corrupt. the possibility of deterioration or loss;

Second, evidence will be difficult to obtain in the future.

Such as and the witness to study abroad or settle abroad. The above conditions must be met at the same time.

Article 100 of the Civil Procedure Law provides that in cases where it may be difficult to enforce the judgment or cause other damage to the party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the other party, rule to preserve the property, order the party to perform certain acts, or prohibit the party from performing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

1. What is the evidence to be provided in divorce proceedings in divorce cases, where there are disputes over issues such as property division, child and daughter support, housing, etc., and one of the parties sues to the court of remand, and the court hears the civil case in accordance with the civil litigation procedures. The parties need to provide the following evidence: 1. Evidence about the relationship status of the husband and wife.

Including: one party moves to conceal and hurt people, and must provide a hospital diagnosis certificate, a unit certificate or a local organization or neighborhood committee

The so-called evidence preservation, also known as evidence preservation, refers to the compulsory measures taken by the court to fixate the evidence related to the litigation by extracting, preserving or sealing the evidence on the application of the party or on its own initiative and ex officio when the evidence may be destroyed or difficult to obtain in the future.

1. Time limit for applying for preservation. China's Procedural Law stipulates that a party applying to the people's court for the preservation of evidence in accordance with the provisions of the Civil Procedure Law must not be later than seven days before the expiration of the time limit for presenting evidence.

2. Provide guarantees. The court may order the applicant to provide security if the preservation may cause losses. There are property guarantees, cash guarantees, credit guarantees, and guarantee company guarantees.

Decree No. 481, effective from April 1, 2007, shall apply for preservation measures according to the following standards according to the amount of property actually preserved:

If the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each piece; The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment. However, the fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan.

3. Preservation method. Methods such as sealing, seizing, photographing, recording or videotaping, reproducing, appraisal, inquest, and making records may be employed in the preservation of evidence based on the specific circumstances.

1. When to present evidence in divorce proceedings.

1. The people's court shall serve a notice to present evidence to the parties at the same time as serving the notice of acceptance of the case and the notice to respond to the lawsuit.

2. The time limit for presenting evidence may be agreed upon by the parties and approved by the people's court.

3. Where the people's court designates a time limit for the presentation of evidence, the designated time limit must not be less than 30 days, calculated from the day after the party receives the notice of acceptance of the case and the notice to respond to the lawsuit. At present, the time limit for the presentation of evidence designated by the court for handling matrimonial cases is generally 15 days, and there are also 30 days.

4. The parties shall submit evidence materials to the people's court within the time limit for presenting evidence, and if the parties do not submit them within the time limit for presenting evidence, it shall be deemed to have waived their right to present evidence. The people's courts do not organize debate of evidence materials submitted by parties within the time limit. However, the other party agrees to cross-examine the evidence.

5. Where it is truly difficult for a person to submit evidence within the time limit for the presentation of evidence, he shall apply to the people's court for an extension of time to present evidence within the time limit for presenting evidence, and with the permission of the people's court, the time limit for presenting evidence may be appropriately extended. Where the parties still have difficulty submitting evidentiary materials within the extended time limit for presenting evidence, they may submit another application for an extension, and the people's court will decide whether to approve it. Up to 2 extensions.

Dusty Brother Potato. 6. Where the parties change their litigation claims, the people's court shall designate a new time limit for the presentation of evidence. Where the law provides that a party adds or modifies a litigation claim or raises a counterclaim, it shall do so before the time limit for presenting evidence is completed. However, in practice, there are also cases where a request for modification of the lawsuit or a counterclaim is filed, and the court agrees.

7. The time limit for presenting evidence shall not include the time limit for jurisdictional objections. Others, such as the service of public notice and the period during which the parties apply to the court to organize an appraisal, should also not be counted in the time limit for presenting evidence.

8. The issue of whether the time limit for presenting evidence has been changed from a simplified procedure to an ordinary procedure.

Evidence is not required for divorce property preservation. The law does not require evidence of the transfer.

Property preservation is also called litigation preservation. It refers to the protective measures taken by the court ex officio to prevent the parties (defendants) from transferring, concealing, or selling property before making a judgment, so as to ensure that the judgment can be smoothly enforced after it takes effect in the future. Specific measures generally include sealing, seizure, and freezing.

Property preservation is generally applied for by the parties (plaintiffs), and the people's court is to review and decide whether to adopt property preservation measures.

In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the opposing party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, it shall rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

1. What should I do if the other party has no money for pre-litigation property preservation.

If the property has been mortgaged, the court will not be able to preserve it, and can only know the status of the property through court inquiries. If the court can't preserve it, you won't sue. Because the court requires pre-litigation preservation measures, it should file a lawsuit within half a month after the preservation.

The so-called pre-litigation property preservation, also known as pre-litigation preservation, refers to a property preservation measure taken by the people's court if the interested party does not immediately apply for property preservation due to the urgency of the situation, and the legitimate rights and interests of the interested party will be irreparably harmed. Civil disputes related to pre-litigation property preservation must have a payment content. If the civil legal relationship in dispute is not due to a dispute over property interests, but a dispute over personal reputation, and there is no content of payment, the court cannot take pre-litigation preservation measures.

Pre-litigation property preservation is an emergency preservation measure aimed at protecting interested parties from irreparable losses. For example, if the two parties sign a purchase and sale contract, and the buyer pays the supplier an advance payment of 1.5 million yuan as agreed, it is later found that the supplier has committed fraud and has no ability to perform the contract at all, and the payment may be transferred. Since it takes a period of time from the time the creditor files a lawsuit to the court accepts it, it is necessary for the law to give the interested party the right to request the court to preserve the property that may be transferred in a timely manner in case of emergency.

1. Property preservation and procedures for housing. If one party is likely to transfer or is in the process of transferring a property jointly owned by the husband and wife, the other party may apply to the court for property preservation of the property. According to the current legal provisions, the parties applying for property preservation should provide bail.

The party to the applicant's property preservation may use the property in its own unilateral name as a guarantee, or it may use the property of a third party, i.e., the guarantor, as security. If the parties or the guarantor guarantee the property is secured in cash, the amount of the guarantee is generally equal to the amount of the property to be preserved. If you want to preserve the house, you may also provide another house as a guarantee, as long as the ** of the second house is about the same.

Nowadays, courts are generally more willing to accept cash guarantees, which is simple and easy to deal with. Therefore, when another house is provided as security, the court will also require a small amount of cash as security.

2. Property preservation and formalities. Under normal circumstances, the court's seizure of ** is generally limited to freezing the respondent's capital account, which is only allowed to enter the funds and not to withdraw the funds, and generally allows the continued trading of ** to reduce the economic losses caused to the respondent due to the preservation measures. If the applicant wants to apply to the court to seize the property in the respondent's **, it is necessary to submit relevant legal documents similar to real estate preservation to the court, such as the application, the letter of guarantee, and the basic information of the respondent's **account.

After the court accepts the application of the parties, it will make a ruling in accordance with the law, and at the same time, the ** company that opened the account will freeze the capital account of the respondent in accordance with the law.

3. Preservation and procedures of bank deposits. If the applicant wants to preserve the respondent's bank deposits, the first thing to solve is the issue of security, and the court generally requires the applicant to provide cash or other property of equivalent value as security. If the applicant provides sufficient security, the court will rule on preservation after verification, and go to the respondent's bank to freeze the bank, and the respondent will not be able to withdraw the funds.

4. Automobile property preservation and procedures. After reviewing the preservation materials submitted by the applicant, if the court rules for preservation, it will go to the DMV to go through the preservation procedures for the seized car, and after the ruling takes effect, the car can only be used, but cannot be bought and sold and transferred.

Article 101 of the Civil Procedure Law: Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed;

Before initiating a lawsuit or applying for arbitration, an application may be made to the people's court for the place where the property subject to preservation is located, the domicile of the respondent, or the people's court that has jurisdiction over the extinct case.

The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.