According to the provisions of Clause 9, Article 70 and Clause 5, Article 96 of the 2015 Civil Procedure Code, involved parties are obliged to send other involved parties or their lawful representatives copies of documents and evidences.
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So when should involved parties send documents and evidences? How to send? Do the involved parties have to prove to the Court that they have sent documents and evidences? In case the involved parties do not perform the copy and send, how to handle it?
This issue has now been guided in Official Dispatch No. 01/2017/GD-TANDTC dated April 7, 2017, specifically as follows:
– The provision that involved parties are obliged to send other involved parties copies of documents and evidences in Clause 9 Article 70 and Clause 5 Article 96 of the 2015 Civil Procedure Code is to ensure access to evidences for execution. demonstrate the litigants’ right to argue during the court’s settlement of the case. Therefore, the plaintiff must send copies of the lawsuit petition and documents and evidences to other involved parties before the time of opening the meeting to check the handover, access and disclosure of evidences and conciliation.
– Regarding the method of the involved party sending documents and evidences to other involved parties, because the Civil Procedure Code of 2015 does not stipulate, the involved parties have the right to choose the method of copying documents and evidences to other involved parties. (directly sent, sent by post…) and the involved parties must prove to the Court that they have copied documents and evidences to other involved parties.
This is one of the new regulations stipulated in the Civil Procedure Code to ensure the principle of litigation in trial. Therefore, during the proceedings, the Court must explain and guide the involved parties so that they perform the obligation to copy and send documents and evidences to other involved parties.
In case involved parties fail to copy and send documents and evidences to other involved parties, the court shall request the involved parties to do so.
If, for legitimate reasons, it is not possible to copy documents and evidences to other involved parties, the involved parties may request the Court for assistance as prescribed in Clause 3, Article 196, Point b, Clause 2, Article 210 of the Criminal Procedure Code. civil litigation 2015.
Source: According to kiemsat.vn
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