Lawyers have the right to investigate and collect evidence. Therefore, lawyers can collect materials related to the case from witnesses or other units and individuals, but they should obtain their consent in advance and record them in the investigation record.
Lawyers can investigate and collect evidence, and lawyers can investigate and collect evidence according to the needs of the case. Lawyers' self-investigation and evidence collection means that in civil litigation cases, lawyers investigate and collect evidence from the parties or natural persons, legal persons or other organizations related to the case according to the needs of the case. The scope of lawyers' self-investigation and evidence collection is related to lawyers' agency status. Generally speaking, when a lawyer acts as the plaintiff's agent in civil litigation, the scope of investigation and evidence collection is relatively wide. The types of lawyers' self-investigation and evidence collection can be divided into different types due to different standards. According to the different stages of evidence use, the contents of lawyers' self-investigation and evidence collection can be divided into three categories:
1, filing stage: investigate the identity information, qualification and qualification information of the other party;
2. Trial stage: evidence related to the facts of the case;
3. Implementation stage: investigate the property information of the executed person.
Legal basis:
Article 35 of the Lawyers Law of People's Republic of China (PRC) stipulates that the entrusted lawyer may apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court according to the needs of the case.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
According to the Lawyers Law of People's Republic of China (PRC), an entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court. If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals. In this regulation, lawyers' right to investigate and collect evidence is divided into two types: one is that lawyers investigate and collect evidence by themselves, and the other is that lawyers apply for investigation and collect evidence.
Lawyers' self-investigation and evidence collection means that in civil litigation cases, lawyers investigate and collect evidence from the parties or natural persons, legal persons or other organizations related to the case according to the needs of the case. The scope of lawyers' self-investigation and evidence collection is related to lawyers' agency status. Generally speaking, when a lawyer acts as the plaintiff's agent in civil litigation, the scope of investigation and evidence collection is relatively wide.
The types of lawyers' self-investigation and evidence collection can be divided into different types due to different standards. According to the different stages of evidence use, the contents of lawyers' self-investigation and evidence collection can be divided into three categories:
1, filing stage: investigate the identity information, qualification and qualification information of the other party;
2. Trial stage: evidence related to the facts of the case;
3. Implementation stage: investigate the property information of the executed person.
Article 35 of the Lawyers Law of People's Republic of China (PRC)
The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.