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Appeal to the economic court. Proof

Appeal to the economic court. The evidence is part 1.

 

Evidence of what it is?

Take a banal situation. Your company has manufactured and supplied products to Cactus.

You did everything in accordance with the terms of the contract. Delivery time is met, the quantity and range of goods meet the specifications. Claims on the quality of the goods have been reported.

No money. Verbal negotiations do not give results. Your counterparty refers to objective difficulties, heavy burden of taxation and other absurd circumstances.

But there is no money and, apparently, it will not be. It is clear that it is necessary to prepare a lawsuit in the economic court. The legal basis of the claim, that is, what your rights are violated - in this case it is clear. Your right to receive payment for the goods delivered under the contract has been violated

With the circumstances by which your company justifies its requirements is also understandable. You have completed your part of the contract, but the counterparty does not.

And what about the evidence that confirms the circumstances you indicated? Now we will understand this.

 

What is evidence?

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

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

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

Go further. What are the sources (or carriers) of the data mentioned 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 the economic process is documents, that is, written evidence. These are documents:

      • • confirming economic relations between the parties (contract, waybill, work completion report, claim report, settlement reconciliation report, etc.);
      • • Correspondence of the parties about these economic relations (letter, claim to 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. 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, after all, will not independently compare the sample agreed by the parties, as a standard for the quality of the goods, with the provided image from a poor quality lot. He will come to the conclusion that it is necessary to involve a specialist, will appoint an expert examination and will give this question to the relevant expert. His conclusion will be evidence in the case, which will guide the court.

Evidence of electronic and testimony are an innovation for the business process.

The first of them 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.

Second, can confirm the circumstances that are difficult to document. For example, evading the signing of a document that a representative of a party was obliged to sign.

Go further. Who and what should prove in the economic 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.

You delivered the goods under the contract, and payment is made upon delivery.

Your company needs to prove the fact of delivery and the fact of delay. Your opponent, if he does not accept the claims, will need to prove the absence of the fact of delivery or the absence of the fact of late payment.

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

If you instead bring ten witnesses to court who will claim that the contract was concluded under certain conditions, and your opponent has as many witnesses who will claim that their leader was asleep drunk and did not enter into any agreement - 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 shout louder and 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.

How and when is evidence presented?

Evidence is submitted directly to the court.

If previously a party to a case had the right to provide evidence to the court in a case, in the process of considering it on the merits, then under current law, you are required to provide evidence simultaneously with the filing of a claim.

The law states that the plaintiff must attach to the statement of claim all his evidence, confirming the circumstances on which the claim is based (if written or electronic evidence is submitted, the plaintiff may attach copies of relevant evidence to the statement of claim).

Moreover, the law obliges you, in fact, to manage the evidence that you do not have, but which you will need in the process of considering the dispute.

For example, if you think that it is necessary to conduct an examination of the case, the conclusion of which will be evidence in your favor and the justification of your position - you must apply to the court for the appointment of such examination simultaneously with the filing of the claim.

On its own initiative, the court will not do this, except in rare cases. Therefore, an appropriate application for an examination must be attached to the statement of claim.

In addition, if you do not have evidence, but you know who has it, you have the right to petition the court to seek evidence at the same time as filing a claim.

If this is not done, then this opportunity will be missed.

 

You are preparing a lawsuit in the economic court, but you have difficulties with the collection and systematization of evidence?

Contact the law firm ALIBI!

We will go hand in hand with all the stages of the business process!


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