Petition for providing (demanding) evidence

Each participant in the legal process must prove in court those circumstances that are important for the given case. In turn, the court supports the participants and takes measures to ensure that the obligations of the participants in the process are fulfilled and that no rights are abused.In the event that a party to the case cannot provide the necessary evidence on his own, he has the right to file a petition for the provision of evidence by the court (Part 1 of Article 81 of the Economic Procedural Code of Ukraine).

A motion to secure (request) evidence is an official document that is submitted to the court for the purpose of obtaining or preserving evidence necessary for the consideration of the case. It is submitted to the court that hears the case. It can be submitted together with the claim.

What must be indicated in the petition

• The name of the commercial court to which the application is submitted
• The name of the document “Request for Evidence”
• In what procedural status is the person who submits the document (plaintiff, defendant, third party from the side of the plaintiff or defendant)
• Information on whether the petition is submitted together with the lawsuit
• Specify the legal grounds for submitting the request
• Surname, first name and patronymic of the person submitting the document (applicant)
• Applicant’s place of residence and postal code
• Means of communication of the applicant (phone number, e-mail address)
• Information about the evidence that must be requested (from whom exactly and to argue it; the name of the evidence and an explanation of what exactly this evidence can confirm)
• Reasons that prevent a person from obtaining this evidence on his own
• If there are any attachments to the document, you need to list them
• Sign and date

It is also necessary to provide correctly certified copies of documents.

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Deadlines for submitting a request for evidence

The petition must be submitted within the time limit specified in Part 2 and Part 3 of Article 80 of the Economic Procedure Code.

• the plaintiff submits it together with the claim
• the defendant and third parties – within 15 days after being informed of the court decision regarding the initiation of the procedure in the case.

How to act in case of missing the deadline for submitting a request for evidence

It all depends on the phase of the case.

The request will be accepted for consideration if the analysis of the case has not yet started, because before the start of the trial there is a discussion of preparation issues, including a request for evidence. There is no question of missing deadlines during this period.

If the case is already being considered on its merits, you need to provide serious arguments for the delay in submitting the petition.

In the event that the deadlines for submission are missed, the court will leave it unsatisfied, unless justified reasons are given.

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Reasonable reasons for not being able to submit a petition on time:

1. The person did not have information about the available evidence;
2. Waiting to receive data from the sent request for receiving evidence;
3. Illness of a person, or such circumstances that significantly affected the missed deadline for filing a complaint (petition) for the demand of evidence (all this must be confirmed)

Electronic evidence: features of demand and submission

Electronic evidence is understood as information in electronic form containing data on circumstances that are relevant to the case. These can be electronic documents, websites, text, multimedia and voice messages, databases and other data in electronic form.

When requesting and submitting electronic evidence, it is important to follow certain rules. In particular, electronic evidence is submitted in the original or in an electronic copy certified by an electronic digital signature. If a copy is submitted, the court may require the original.

Particular attention should be paid to the preservation of metadata of the electronic evidence base, which may contain important information, revealing the time of creation, modification and other characteristics of the electronic document. In case of requisitioning of materials owned by other persons, the court may appoint an examination for their proper extraction and study.

Typical mistakes when drafting a request for evidence

• Insufficient justification of the need for evidence
• Inaccurate identification of the person or body from which testimony is requested
• Request for retrieval of irrelevant materials
• Missing the deadlines for submitting a petition

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Further actions of the court after receiving a request for evidence

• The court will consider the petition after assessing its merits (during the preparatory session or consideration of the court case on the merits)
• Will make a decision by which the person’s request will be granted or rejected
• Will make a decision. It can be about the demand for evidence, or the refusal to demand it
• When the person’s request is granted, the court will determine how to request evidence (sending a request, a court order, or other)
• Sends the decision to the person who must provide evidence (person/certain body)
• In the event that the person or body that must provide the court with evidence on the case according to the court order does not do so, the court may, guided by Art. 135 of the Code of Criminal Procedure of Ukraine, to pass a resolution already on the collection of a fine to the state budget income
• The court attaches the received evidence to the case file
• Provides them to the parties for perusal
• Gives an assessment of already available and required evidence

Legal support

The effective consideration of a court case largely depends on the timely submission of a legally competently drafted request for evidence. In this process, every detail is important, so the involvement of a qualified attorney is the key to success. A professional lawyer will not only ensure the correctness and timely submission of all necessary documents, but will also accompany you throughout the entire legal process, maximizing the chances of a positive resolution of the case.

If you need qualified legal assistance, feel free to contact the company “Prykhodko and Partners” – we have experienced specialists