To help you to efficiently collect lawsuit evidence to conveniently settle disputes and to protect your legal rights, you should carefully read the following document about the procedure of evidence discovery in the lawsuit.

1.What is Evidence Discovery?

Evidence discovery is the process when the parties concerned mutually exchange their evidence before the trial. This exchange of facts will make their respective cases as close to the truth as possible, prevent surprise attacks during the trial, and assist the parties in reaching an amiable outcome by increasing the possibility of a settlement through reconciliation and mediation.

Evidence discovery shall be proceeded at the pretrial meeting presided by judge assistant from the judge team of the Court.

2. What Evidence Needs Discovery?

Any factual evidence related to the case that will be present in the trial should be disclosed, includes evidence related to substantive law, adjective law, foreign law and local regulations. Except to evidence discovery include the following:

2.1 Evidence concerning state secrets;

2.2 Where the evidence involves a business secret, the party concerned has the right to reject to disclose the evidence. If necessary, the court will have the final decision of the disclosure of evidence and all other parties must strictly observe the secret and not disclose it to persons not involved in the case. If losses are caused as the result of disclosure by another party, the party concerned compensate for the losses.

2.3 Evidence obtained by illegal means.

3. The Unfavorable Consequences of not Obliging in Evidence Discovery.

Where one of the parties refuses to disclose evidence without good reasons within due time, judge reserves the right to refuse the cross examination for evidence provided　by that party in subsequent proceedings.

If one party has evidence to prove that the other party holds the key evidence relating to the facts of　the case, he may apply to the court for evidence discovery. If the opposing party refuses to disclose evidence, the judge may, based on the circumstances of the case, confirm that the party who refuse produce evidence shall bear the unfavorable result.