When can a civil lawsuit be investigated to gather evidence

The parties and their litigants apply for the court's authority to investigate and collect evidence, including the following circumstances: 1The evidence collected in the application for investigation is archival materials kept by the relevant state departments and must be collected by the people's courts ex officio; 2.

Materials involving state secrets, commercial secrets, and personal privacy; 3.Other materials that the parties and their litigants are truly unable to collect on their own for objective reasons.

It is possible after the court has been heard, to add:

Article 74 of the Civil Procedure Law stipulates that: "Where evidence may be destroyed or difficult to obtain in the future, the participants in the litigation 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." It generally stipulates the preservation of evidence in litigation, but does not explicitly stipulate the preservation of evidence before litigation.

The 1999 Law on Special Procedures for Maritime Litigation not only stipulates in detail the conditions, procedures and methods for the preservation of maritime evidence, but also creates a precedent for pre-litigation evidence preservation in China. Therefore, if you are in the maritime and intellectual property fields, you can achieve the purpose of collection by pre-litigation preservation, while the court will generally not accept other lawsuits because there is no clear legal provision.

When you file a lawsuit and the court accepts the trial, you can do it.

Legal analysis: If one of the following conditions is met, the parties and their litigants may apply to the people's court to investigate and collect evidence: (1) the evidence applied for investigation and collection is an archival material kept by the relevant state departments and required to be collected by the people's court ex officio; (2) Materials involving state secrets, commercial secrets, or personal privacy; (3) Other materials that the parties and their litigants are truly unable to collect on their own for objective reasons.

Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China The parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own due to objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

In litigation procedures, including the first and second instance, the court may apply for investigation, and of course there should be sufficient reasons to persuade the judge to agree, including the specific matters to be investigated, the relevance to the case, the method of collecting specific evidence, and the location of the investigation. An application for investigation and evidence collection may be written and submitted to the court, and the court will decide whether the evidence needs to be obtained. An individual submits an application to the court, and after the court approves it, an investigation order is issued.

Legal analysis

An investigation order refers to a legal document issued by the court to the litigation lawyer of the party to collect the required evidence from relevant units and individuals upon application and approval by the people's court if the party is unable to obtain the evidence it needs for objective reasons in civil litigation. The applicant for an investigation order shall be a party to a civil case that has already been filed and accepted by the people's court and a party in the enforcement procedure. The parties in the enforcement procedure include the person applying for enforcement and the person subject to enforcement who has the order to perform their obligations.

In civil cases or enforcement procedures, where a party's ** lawyer applies on behalf of the party, the party shall be specifically authorized. The holder of the investigation order shall be a lawyer who has been retained by the parties and has submitted relevant formalities to the people's court, obtained a valid lawyer's practice certificate, and is assigned by the law firm to participate in civil cases or enforcement procedures. In civil trial procedures, the applicant shall submit a written application for an investigation order to the people's court within the time limit for presenting evidence.

The evidence for the investigation with an order shall be photocopies or reproductions of specific evidence such as documentary evidence, audiovisual materials, electronic data, appraisal opinions, and inquest records, which are relevant to the case, that the parties are truly unable to collect on their own for objective reasons, that have been reviewed by the judge, that have a fixed and clear content, that are stable in the carrier, and that are convenient for sealing and transferring, except for physical evidence and witness testimony.

Legal basis

Criminal Procedure Law of the People's Republic of China

Article 188:People's courts' trial of first-instance cases shall be conducted publicly. However, cases involving state secrets or personal privacy are not to be tried in public; In cases involving commercial secrets, where the parties apply for a private trial, the trial may be closed. In cases where the trial is not open, the reasons for the non-public trial shall be announced at court.

Article 189: When a people's court hears a public prosecution case, the people's procuratorate shall appoint personnel to appear in court to support the public prosecution.

The Court of Civil Procedure obtained the following evidence upon request:

1. Involving environmental pollution, infringement of the legitimate rights and interests of many consumers, and other harms on the public interest; Cover filial piety.

2. There is a possibility that the parties may maliciously collude to harm the legitimate rights and interests of others;

3. Procedural matters such as adding parties ex officio, suspending litigation, terminating litigation, and recusal;

4. Involving those that may harm the interests of the state or the public interest;

5. Involving identity relationships.

Legal basisArticle 67 of the Civil Procedure Law of the People's Republic of China.

The people's courts have the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals must not refuse. The people's courts shall distinguish the authenticity of the supporting documents submitted by relevant units and individuals, and review and determine their validity.