Preparing Evidence for Trial
Unfortunately, it is not always possible to resolve disputes with the counterparty out of court, and then comes a very important moment that requires your full attention - the moment when one of the parties is ready to go to court. The stage of preparation for the trial is coming.
It is very important at this stage to carefully prepare evidence for the court, on the basis of which the judge will make a decision on the case.
What may come as evidence:
- written documents (contracts, acts, agreements, certificates, extracts, accounting documents, etc.)
- witness's testimonies
- opinions of experts and specialists
- audio and video recordings
- electronic correspondence certified by a notary.
Keep in mind that the original always takes precedence over the copy of the document.
Evidence should be:
- attributable (or relevant), that is, to confirm a specific fact that you refer to in court. If a dispute arises about the recovery of losses, then you need to provide documents that confirm the fact of damage and its size. For example, it can be an expert opinion.
- admissible: this is evidence that is obtained legally and is suitable for proving a certain fact. For example, it is impossible to prove the fact of delivery only by the driver's testimony, since the fact of delivery, according to the law, must be confirmed by a consignment note signed by both parties. At the same time, if you provide an invoice signed by only one party and supplement this with the driver's testimony, then it might increase the “weight” of evidence in court.
If for some reason you cannot independently obtain the evidence you need, do not worry: the law provides for the possibility of obtaining evidence through the court from the person or organization in which it is located.
What does not need to be proved:
1. Generally known facts
2. Circumstances previously established by the commercial court in a dispute between you and your counterparty in another case.
3. The decision of a court of general jurisdiction on issues and circumstances related to the parties to this case.
4. Decisions and rulings in criminal cases in terms of questions about whether certain actions took place and whether they were committed by a certain person.
5. Documents and information certified by a notary
If you need help in preparing evidence for the court, you can contact TEAM for the professional help of lawyers who will promptly and efficiently help you in this matter.