In the actual process of handling cases, we often encounter the situation that the other party suddenly submits new evidence in court for evidence surprise during the trial. What evidence surprise? I'll interrupt here. The problem of "evidence surprise" refers to the phenomenon that one party does not give evidence or does not give evidence at all during the trial procedure, and then the other party is caught off guard. It can be seen that the evidence raid actually has no legal support. So what should we do when the other party makes a surprise attack on the evidence?
As far as the court is concerned, in the face of evidence surprise, it can ask the other party to explain the reasons for the overdue provision of evidence. If there is no justifiable reason or the reason is not established, the court may reject it or the reason is established, or it is related to the basic facts of the case. At the same time, the party concerned shall be reprimanded or fined, and the other party shall compensate the other party for the necessary transportation, accommodation, catering, lost work and other expenses.
For many of our clients, because they have no experience, they also have corresponding professional knowledge and corresponding evidence rules, and they cross-examine the evidence presented by the other party in a hurry, but in fact it is very unfavorable to our case. At this time, the correct way is. Let the other party explain to the judge the reasons for the overdue evidence. If the reason is untenable, the judge will not accept it. If the judge wants to adopt it, he will give us a new time limit for presenting evidence, and we will submit new evidence and prepare cross-examination opinions on the evidence presented by the other party. If the judge disagrees, we can refuse to sign afterwards, if the trial is to continue.