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Notice of Presenting Evidence on the Case of Contract Disputes
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  发布时间:2022-05-07 17:59:17 打印 字号: | |

The liability of presenting evidence on the case of contract disputes is specified clear in accordance with the Contract law of the Peoples Republic of China, Civil Procedure Law of the Peoples Republic of China and Several Provision of the Supreme People's Court on Evidence in Civil Procedure and for the purpose of better supporting your claims and protecting your legitimate rights and interest with the specified evidence you have provided when you have a contract dispute with someone else. Please read the following content carefully.

 

1. Evidence of the Subject Qualification of the Parties

If you are an individual, you shall submit your identity information of your name, gender, age, nationality, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate passport, Hong Kong, Macao and Taiwan residents compatriots’ HVPS and so on.

If you represent a legal person or other organization, you shall submit the business license registration certificate or organization code certificate of the legal person and the identity certificate the legal representative or the principal person in charge;

 

2. Evidence on the Establishment and Validity of the Contract Relationship

2.1 Written contracts, agreements and related attachments signed by the parties;

2.2 Other evidence or electronic data that can prove the establishment of the contract relationship, including letters, telegrams, telex, fax, WeChat chat records, QQ chat records, e-mail, website screenshots, electronic data evidence governed by the relevant provisions of the electronic signature law;

2.3 If the terms of the contract are fixed and supplemented, the relevant evidence should be submitted together;

2.4 Evidence on the validity of the contract.

 

3. Evidence of the current Performance of the Contract   

3.1 Evidence of the performance of relevant obligations in accordance with the contract;   

3.2 Evidence of the breach of obligation in violation of the contract,   

3.3 Evidence of loss and causation;

3.4 Evidence of termination of the rights and obligations of the contract.

 

4. Other Evidence of the Facts of the Case

4.1 Evidence of the authority of the court;   

4.2 Evidence of the capacity for civil rights and civil acts of the parties;   

4.3 Evidence of the statute of limitations of the case;   

If the evidence is not listed, please submit it to the court.

 

5 The Extra-territorial Evidence

5.1 The evidence to prove the subject qualification of the parties should be subject to certification, authentication or other procedures in accordance with the law. The concrete requirement refers to Notice of International Civil and Commercial Litigation.

5.2 For other evidence, the concerned party who provided it has the right to decide whether to deal with the relevant procedures of certification, authentication or other procedures, except it is necessary for the Court to proceed relevant procedures so as to find out the truth.

5.3 For the evidence listed above to reflect the truth or to be examined later, the Court shall organize the parties to presenting and impeaching evidence and then verify the evidence according to the presenting opinions of the parties and the relevance of the evidence and facts no matter whether the evidence has been certificatedverified yet.

责任编辑:三亚市中院管理员