Appeal to the court. The civil process. Proof

So, a civil dispute is a dispute about money or other property, one of the parties to which is a simple citizen.

A common example. The company has issued an employee (it is even possible that the manager) an interest-free loan. That is, the company and the employee entered into a loan agreement. The employee received the money at the company's cash desk, then something didn’t work with his job, quarreled with the management and subsequently quit. And for some reason I forgot to return the money. In a word, you have completed your part, and your, now opponent, no.

It is clear that it is necessary to prepare a lawsuit in court. But precedes the filing of a claim collection and analysis of evidence. And also their systematization into a single evidence base.

The legal basis of the claim, that is, what rights are violated - in this case it is clear. The right to return an interest-free loan issued to a former employee has been violated. The circumstances with which your company justifies its requirements are also understandable. You completed your part, but the worker did not. And what about the evidence that confirms these circumstances? And what evidence does the court take? Now we will understand this.

What is evidence in court?

With an eye to the provisions of the law, this is:

Any data confirming the presence (or absence) of specific circumstances (facts).

This data substantiates the claims (or objections against them), or other circumstances relevant to the case in court.

Go ahead. What are the sources (or carriers) of the data referred to, so that they are accepted and accepted by the court? The law says that this data is established in the following ways:

1) written, real and electronic evidence;

2) expert conclusions;

3) witness testimony.

Immediately make a reservation that the main source of evidence in court in civil proceedings (if it is a contractual relationship) are documents, that is, written evidence:

confirming the relationship between the parties (contract, cash order warrant, receipt, etc.);

Correspondence of the parties about this relationship (letter, claim response to the claim).

Substantial evidence is used in individual cases when this is required by the specifics of the relations of the parties. For example, when the quality of the goods delivered under the contract must correspond to the sample of the goods approved by the parties (for example, a sample of tiles for facing the facade). Then, in a dispute about the quality of a given product, this sample must be submitted to the court, along with a sample of a poor-quality product, as material evidence.

The expert's conclusion is the second source of evidence after the documents in court. But an examination is appointed by the court only in cases where it needs to sort out issues that require special knowledge in a particular area.

Take the example with tiles for facing the facade. The court will not independently compare the sample agreed by the parties, as a standard for the quality of the goods, with the image provided from a low-quality lot and come to the conclusion that it is necessary to involve a specialist, will appoint an examination and pass this question to the appropriate expert. His conclusion will be evidence in the case, which will guide the court.

Electronic evidence is new to the legal process.

This evidence in court can confirm some circumstances in areas where the circulation of electronic documents is valid along with paper documents. For example, electronic registration of tax invoices, which is even given priority.

Witness testimony in court, can confirm the circumstances that are difficult to confirm documented. For example, evading the signing of a document that a representative of a party was obliged to sign. Or they can confirm facts that are not documented.

The testimony of a witness is a message about circumstances known to him that are relevant to the case. The testimony of a witness who cannot name the source of his knowledge of a particular circumstance is not evidence in court.

If the testimony of the witness is based on reports from other persons, then these persons should also be interrogated. In the absence of the opportunity to interrogate the person who submitted the initial report, hearsay evidence cannot be admissible evidence of the fact or circumstances for which they were submitted, if the evidence is not supported by other evidence.

Go ahead. Who and what should prove in court?

The law states that each party must prove the circumstances to which it refers as a basis for its claims or objections.

Now back to the plot of our dispute.

The company issued an interest-free loan, and the former employee did not return it in time.

The company needs to prove the fact of issue of money and the fact of delay in their return. The debtor, if he does not recognize the claims, will need to prove the absence of the fact of receiving the money or the absence of the fact of delay in repayment of the loan.

A very important point is the admissibility of evidence.

Circumstances that, according to the law, must be confirmed by certain means of proof, can not be confirmed by other means of proof.

In this case, the initial and most important evidence of a dispute is a contract whose terms are violated. Therefore, the court must provide it in writing.

If you, instead, bring ten witnesses to court who will claim that he was confined to certain conditions, and your opponent as many witnesses who will say that there was nothing like this and no one got money - all this is nothing will not end.

The court will not evaluate the evidence from the point of view, who brought more witnesses, or whose witnesses are more convincing. You refer to violations of the terms of the contract, it must by law be in writing - submit this document to the court.

Otherwise, the court considers such evidence to be inappropriate. There is no contract - there is no right to refer to the violation of its terms.

So, if you refer to the violation of the terms of the contract by your opponent, he will be the first evidence.

You need to inspect it carefully for the presence of all signatures and seals. Check whether the contract is signed by an authorized person, whether the signature matches the signature of the person indicated in its preamble. If you have questions, whether the signatory had the right to sign it, take care to document these issues in advance in advance.

Further, you state that your contract has been completely fulfilled.

Based on this, the second proof is the documents confirming the issue of money. This should be a cash order. Check it for compliance with the contract, the availability of the date in it, because this is the date of issue of money. Are there signatures and stamps of your side? It is especially important whether there is a signature of the representative of the opponent.

If such disgraces with the signatures on the invoice are found by you, try to find other documents that directly or indirectly confirm the fact of the money issue. This may be a letter from a former employee asking for a deferment of payment. If there is no such correspondence, you can try to initiate it and receive the necessary letter from the counterparty. This may be just a testimony.

As a result, it is important to substantiate a lawsuit in addition to a somewhat flawed warrant, other evidence confirming the fact of the issue of money. Let indirectly.

If this is a relationship, one of the parties of which is the company, and not two citizens, then it is inadmissible to confirm such a fact with a receipt. in this case, additional testimony in court may not help.

The third proof is confirmation of the fact that the refund is delayed. And here we again need to return to the contract and see how the terms of the loan are formulated. And practice says that it can be formulated in different ways.

Let's take, for example, three options for a possible statement of payment terms:

1. The employee undertakes to return the received loan no later than three calendar months from the date of its receipt.

2. The employee undertakes to repay the loan no later than three calendar months.

3. The employee undertakes to repay the loan.

The first of these options contains proof of late payment in conjunction with the expenditure order. In this case, you refer to the claim on the date of signing the order, emphasizing that the first calendar day of the fourth month after the date of its signing is the first day of the delay in returning the loan.

Option 2 contains a period, but there is no starting point for this period.

Option 3 does not even contain a deadline.

Thus, based only on the terms of the loan repayment agreement, you can overdue the fact in court, with strong opposition from the opponent and not prove it.

In these cases, you must first write your opponent a letter demanding payment of the debt within seven days. This will be based on the provisions of the law (if the term is not set or determined by the moment of demand). Accordingly, you will refer to the late payment from the eighth day, from the date the counterparty received your letter.

In order to know the date of receipt of the letter by the counterparty, you must send it by registered or valuable letter with acknowledgment of receipt. And in order for the opponent not to say later that he received a greeting card from you instead of a letter demanding to repay the debt, it must be sent with an inventory of the attachment.

Based on this, with options 2 and 3 of the statement of payment terms in the contract, you will have a set of evidence confirming the delay in payment, which includes: a contract, a letter demanding payment, a receipt (sending it by valuable or registered mail), notification about his delivery, inventory of attachments of the letter.

How and when is evidence brought to court?

Evidence is filed directly in court. The law states that the plaintiff must attach to the statement of claim all the evidence that he has, confirming the circumstances on which the claim is based.

You are preparing a lawsuit in court in a civil proceeding, but you have difficulty collecting and systematizing evidence? Contact the law firm ALIBI! We will go hand in hand with you all the stages of the trial!

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