The timing of submitting documents and evidence in civil litigation

In civil litigation, documents and evidence play a critical role in establishing the objective truth and protecting the lawful rights and interests of the parties involved. While the adequacy and legality of submitted evidence are essential, the timing of submission is equally crucial, as it directly impacts the resolution of the dispute. In this article, TNTP analyzes the current legal framework governing the timing of evidence submission in civil proceedings, the legal consequences of late submissions, and practical insights to help litigants reduce litigation risks.

1.Legal framework governing the timing of evidence submission

(i) Rights and obligations to submit evidence

Under Article 91 of the 2015 Code of Civil Procedure (CPC), the burden of proof in civil cases lies with the parties. To fulfill this obligation, parties must collect and submit relevant documents and evidence to the court in support of their claims or defenses, including but not limited to claims, counterclaims, independent claims or objections to claims raised by other parties.

Pursuant to Articles 6 and 96 of the CPC, parties have both the right and the obligation to submit such documents and evidence to the court or request the court’s assistance in obtaining them. These provisions ensure that each party has the opportunity to establish the legitimacy of their claims. Where a party fails to provide sufficient evidence, the court may request supplementary submissions. If the party does not comply, the court will proceed based on the evidence already on file or gathered through judicial means.

(ii) Procedural stages for submitting evidence

Clause 1 of Article 96 of the CPC provides that the deadline for submitting documents and evidence shall be set by the judge in charge of the case, but must not exceed the statutory time limit for trial preparation at the first-instance stage, unless otherwise provided by law. Depending on the procedural stage, the timing for submission may be determined as follows:

• At the time of filing the claim: According to Clause 5, Article 189 of the CPC, the claimant must attach supporting documents and evidence to the statement of claim to substantiate that the claim is well-founded and lawful. This marks the initial opportunity to submit evidence.
• During the pre-trial stage: Under Point đ, Clause 2, Article 203; Point c, Clause 2, Article 210; and Article 287 of the CPC, during the trial preparation period, the court may request the parties to provide additional evidence. The judge will specify the submission deadline. Parties who obtain new evidence during this period may also submit it at this stage.
• At the trial hearing: As per Clause 4, Article 96 and Clause 1, Article 303 of the CPC, parties may present additional documents or evidence during the trial in the following cases: (i) Where the court previously requested the evidence but the party was unable to submit it due to a legitimate reason (which must be proven); (ii) Where the court did not previously request the evidence; or (iii) Where the party was unaware of the evidence during pre-trial proceedings.
  In such cases, the trial panel will decide whether to admit the evidence submitted at trial.

Thus, the law does not impose a fixed deadline for evidence submission but rather gives the court discretion to set appropriate timelines and assess the reasons for any delay. To protect their rights and interests, parties should comply with procedural rules and submit evidence in a timely manner.

2.Legal consequences of late evidence submission 

(i) Evidence may be rejected by the court

Under Clause 4, Article 96 of the CPC, if a party submits evidence after the deadline due to intentional delay or without a legitimate excuse, the court may refuse to admit it. This provision helps ensure procedural fairness and protects the opposing party’s rights.

Example: In a dispute over a sales contract, the plaintiff was instructed by the court to submit value-added tax (VAT) invoices but failed to do so. At the first-instance hearing, the plaintiff submitted the invoices but could not provide a valid justification for the delay. The court deemed the delay to be the plaintiff’s fault and rejected the invoices as evidence of damages, thereby partially dismissing the plaintiff’s compensation claim.

(ii) The late party may be disadvantaged in proving their case

If the plaintiff fails to submit adequate evidence in a timely manner to support the claim, the court may reject the claim in accordance with the principle “party who asserts must prove” as set out in Article 91 of the CPC.

Likewise, the defendant may suffer adverse consequences if they fail to timely submit evidence supporting a counterclaim or rebuttal. Delays may cause the party to lose the opportunity to effectively defend their interests – posing a significant legal risk.

(iii) Delay may prolong proceedings and increase costs

Late evidence submission can impede the court’s ability to evaluate the case efficiently, causing unnecessary delays and higher litigation costs. This can ultimately harm the interests of the parties, particularly if the delay results in missed procedural advantages. Additionally, delayed submissions may reflect poorly on the party’s good faith and cooperation, potentially influencing the court’s assessment of the case.

(iv) The authenticity of late-submitted evidence may be questioned

Timely submission of documents and evidence often carries greater weight in judicial evaluation. If documents are submitted late – especially after the submitting party has had access to the opposing party’s filings – their credibility may be questioned. The court may suspect the documents were fabricated or tailored in response, which can seriously undermine the party’s standing in court and lead to unfavorable interpretations.

Timely evidence submission is a critical component of litigation strategy in civil proceedings. Based on practical experience, TNTP strongly recommends that parties work closely with legal counsel from the outset – whether preparing to file a claim or respond to one – to compile a comprehensive, compliant, and timely evidentiary record. Early and proper preparation not only helps minimize legal risks but also significantly increases the chances of success in court.

Sincerely,