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What is the provision of the Civil Procedure Law that the court should order one party to submit the original?

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What is the provision of the Civil Procedure Law that the court should order one party to submit the original?


        

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  • 2024-06-13 12:00:59

    What is the provision of the Civil Procedure Law that the court should order one party to submit the original? Adducing evidence means that the party concerned provides evidence to the people's court. In order to prevent the phenomenon of "surprise attack" in the litigation process and damage the interests of the other party. The Supreme People's Court has stipulated the time for providing evidence: Several Provisions of the Supreme People's Court on Civil Procedure Evidence was adopted at the 1201st meeting of the Judicial Committee of the Supreme People's Court on December 6, and came into force on April 1, 2002. 1、 Article 1 When the plaintiff brings a lawsuit to the people's court or the defendant raises a counterclaim, it shall attach the corresponding evidential materials that meet the conditions for prosecution. Article 2 The parties shall be responsible for providing evidence to prove the facts on which their claims are based or the facts on which the opposing party's claims are based. If there is no evidence or the evidence is insufficient to prove the parties' factual claims, the party with the burden of proof shall bear the adverse consequences. Article 3 The people's court shall explain the requirements and legal consequences of proof to the parties and urge them to complete the proof actively, comprehensively, correctly and honestly within a reasonable period of time. If the party concerned is unable to collect evidence on his own due to objective reasons, he may apply to the people's court for investigation and collection. 3、 Time Limit for adducing Evidence and Exchange of Evidence Article 32 The defendant shall submit a written defense before the expiration of the defense period, stating his opinions on the plaintiff's claims and the facts and reasons on which they are based. Article 33 The people's court shall, at the same time as serving the notice of acceptance of the case and the notice of responding to the action, serve the party with the notice of adducing evidence. The notice of proof shall specify the principles and requirements for the distribution of the burden of proof, the circumstances under which an application for investigation and evidence collection can be made to the people's court, the time limit for the proof to be provided by the people's court according to the circumstances of the case, and the legal consequences of providing evidence beyond the time limit. The time limit for adducing evidence may be agreed by the parties through consultation and approved by the people's court. If the people's court designates a time limit for adducing evidence, the time limit shall not be less than 30 days, counting from the day after the party receives the notice of acceptance of the case and the notice of responding to the action. Article 34 The parties shall submit evidence materials to the people's court within the time limit for adducing evidence. If the parties fail to submit evidence materials within the time limit for adducing evidence, they shall be deemed to have waived their right to adduce evidence. The people's court shall not organize cross examination of the evidence materials submitted by the parties within the time limit. Except that the other party agrees to cross examine the evidence. If a party adds or changes a claim or files a counterclaim, it shall do so before the expiration of the time limit for adducing evidence.

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