The successful outcome of civil court disputes mainly depends on the evidence presented. According to civil procedural legislation, the court makes its decision solely based on the evidence in the case. Winning in court does not depend only on being right.
According to Medianews.az with reference to Musavat.com, experience shows that citizens are most dissatisfied when their case is resolved against them, even though they are right and have presented some evidence.
This in most cases is related to non-compliance with the rules of evidence. It is not enough for the evidence to merely exist; it must be presented in the manner and within the time frame prescribed by law. Otherwise, the court may refuse to accept it.
When should evidence be submitted?
According to civil procedural legislation, evidence should primarily be submitted at the preparatory stage of the case hearing in the court of first instance (preparatory session). If a person has the opportunity to submit evidence at this stage but does not do so and presents it later, the court may refuse to accept such evidence.
In which cases can evidence be submitted later?
The law allows for certain exceptions.
1. If the need for evidence arises later - Sometimes the necessity to present evidence arises precisely during the court hearing. For example, new facts are revealed during the court session; explanations of the parties disclose new circumstances, the situation related to the subject of dispute changes (for example, the legal status of the property changes). In such cases, the evidence confirming these facts may be submitted later.
2. Even if the evidence existed earlier but could not be submitted on time due to objective reasons, the court may also accept it. However, it is vital here that the person must prove the reason for not being able to present the evidence on time. For instance, an official inquiry was sent on time but the response was delayed. In this case, both the inquiry and the response letters must be submitted to the court.
Can new evidence be submitted at the appeal stage?
Submission of new evidence at the appellate level is more limited. This is only possible if the person can justify that they were unable to present this evidence at the first instance. Excusable reasons may include: not receiving notifications about court sessions, serious illness or long-term treatment, and other objective and provable circumstances. These reasons must be confirmed by appropriate documents.
Which evidence is generally not accepted?
Even if submitted on time, evidence must meet the following requirements. Otherwise, the court will not accept such evidence:
- It must be relevant to the case (related to the dispute);
- It must be obtained legally.
Recommendations:
Collect all evidence as much as possible before the court stage;
Submit evidence at the preparatory phase in the court of first instance;
If evidence is submitted late, justify the reason for the delay;
Obtain legal assistance when necessary.