Basic rules for submitting evidence in civil and commercial proceedings (+ template Petition to attach evidence to the case under the Civil Procedure Code from the plaintiff)

One of the most common mistakes made by lawyers who accompany cases in court is mistakes in submitting evidence to the case. For example, submission of evidence not with the first statement on the merits or not notifying the court about the impossibility of submitting evidence with the first statement on the merits. So, let's analyze the rules for submitting evidence in civil and economic processes.

Article 80 of the Civil Procedure Code of Ukraine and Article 83 of the Civil Procedure Code of Ukraine state that the parties to the case submit evidence in the case directly to the court.

Rule 1. Submission of evidence with the first substantive statement

The plaintiff , persons who are legally entitled to apply to the court on behalf of other persons, must submit evidence together with the statement of claim . The defendant , a third party who does not make independent claims regarding the subject of the dispute, must submit evidence to the court together with the submission of a response or written explanations of the third party ( part 2, 3 of article 80 of the Civil Code of Ukraine , part 2, 3 of article 83 of the Civil Procedure Code of Ukraine ).

Remember that evidence that is not submitted within the time limit established by law or by the court will not be accepted for consideration by the court

Rule 2. Indication of the reasons for not submitting evidence with the first statement on the merits

If the evidence cannot be submitted within the period established by law for objective reasons, the party to the case must notify the court in writing and note: the evidence that cannot be submitted; the reasons for which the evidence cannot be submitted within the specified period; evidence that confirms that the person has taken all actions dependent on him, aimed at obtaining the specified evidence (Part 4 of Article 80 of the Code of Civil Procedure of Ukraine , Part 4 of Article 83 of the Code of Civil Procedure of Ukraine ).

Rule 3. Sending copies of evidence to other participants in the case

Copies of evidence (except material evidence) submitted to the court shall be sent in advance or provided by the person who submits them to other participants in the case. The court does not take into account relevant evidence in the absence of confirmation of sending (providing) their copies to other parties to the case, unless such evidence is available to the relevant party to the case or the amount of evidence is excessive, or it is submitted to the court in electronic form, or is publicly available available ( Part 9 of Article 80 of the Code of Civil Procedure of Ukraine and Part 9 of Article 83 of the Code of Civil Procedure of Ukraine ).

Rule 4. If the evidence is not submitted on time, the request for the attachment of evidence must include a request to recognize valid reasons for the untimely submission of such evidence

Evidence not submitted within the time limit established by law or by the court shall not be accepted for consideration by the court, except in the case when the person who submits it substantiates the impossibility of submitting it within the specified time period for reasons beyond his control (Part 8 of Article 80 of the Code of Civil Procedure of Ukraine , Part 8 of Article 83 of the Civil Code of Ukraine ).

You can create a petition for the attachment of evidence to the case under the Code of Criminal Procedure from the plaintiff in the constructor Instaco at the link . To create, you only need to enter the necessary data in the designer.

The appeal against the tax notice-decision was prepared by lawyer Natalya Krasnokutska (Instagram @advocate_knn , Facebook instaADVOCATE ) .

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