In civil litigation, the burden of proof plays a crucial role in ensuring that disputes are resolved accurately and efficiently. The evidence provided by the parties and collected by the court serves as the foundation for determining the facts of the case, thereby influencing judicial decisions regarding the acceptance or rejection of claims. This article examines the legal framework governing evidence and the obligations to prove when initiating a lawsuit in Court.
1. Evidence in civil proceedings
Pursuant to Article 93 of the Civil Procedure Code 2015, evidence is stipulated as follows:
• Factual materials;
• Supplied by the involved parties and related entities or lawfully collected by the Court according to prescribed procedures; and
• Used by the Court as a basis for determining objective facts of the case and determining the grounds and legality of the claims presented by the involved parties.
2. Regulations on the obligations to prove
2.1 Obligations of the involved parties
Pursuant to Clause 1, Article 6, Clauses 5, 6, 7, Article 70, and Article 91 of the Civil Procedure Code 2015, the burden of proof lies with the parties initiating a claim, counterclaim, or independent claim. The parties must submit evidence to substantiate their assertions before the Court.
However, to ensure feasibility and suitability to each case, some exceptions to the obligations of proof are also stipulated by the Civil Procedure Code 2015 as follows:
• Exemptions from the obligation to prove (Clauses 1 and 3, Article 91):
– Consumers initiating lawsuits and social organizations participating in proceedings to protect consumer interests do not have to prove the fault of entities trading goods, and services;
– In a labour case, if employees fail to submit documents and evidence held by the employer, they are not required to submit such documents and evidence to the Court. Instead, the burden of providing these documents falls on the employer;
– In cases where an employer unlawfully terminates a labour contract or imposes disciplinary actions, and the employee initiates legal proceedings, the employee is not required to provide proof. Instead, the employer must substantiate that the employee’s claims are unfounded.
• Facts not requiring proof (Clause 1, Article 92):
– Facts that are widely known and acknowledged by the Court;
– Facts identified in legally effective documents of competent agencies include judgments, decisions of the Court, decisions of state agencies; and
– Facts recorded in writing and legally notarized and authenticated. Judges may request the involved parties present original copies for examination and comparison when in doubt about the objectiveness of notarized or authenticated documents or these details and events.
Therefore, as direct participants in a disputed legal relationship with knowledge of the case’s causes and developments, involved parties are responsible for providing proof when seeking court protection for their legitimate rights and interests. However, those in a weaker position or in cases where facts and events have already been clarified are not required to provide proof.
2.2 Time Limit for Submission of Evidence
Pursuant to Clause 4, Article 96 of the Civil Procedure Code 2015, for the first-instance trial stage, evidence must be submitted within the deadline set by the judge, which cannot exceed the trial preparation period according to the provisions of the Civil Procedure Code.
However, if a party fails to meet the deadline due to justifiable reasons, the Court may accept the evidence if the party can substantiate the reasons for the delay in submitting such documents and evidence. Additionally, evidence unknown to the parties or not previously requested by the court may be submitted during the first-instance trial or subsequent procedural stages.
2.3. Court’s Role in Evidence Collection
In practice, parties may face challenges in obtaining evidence due to non-cooperation from entities in possession of relevant documents. Clause 2, Article 106 of the Civil Procedure Code 2015 stipulates that when parties have exhausted all reasonable efforts to collect evidence but remain unsuccessful, they have the right to claim the Court to collect evidence to serve the settlement of the case.
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