Can I apply for an investigation warrant?

In the process of litigation, including the first and second trials, you can apply to the court for investigation. Of course, there must be sufficient reasons to convince the judge to agree, including the specific matters of investigation, the relevance to the case, the way to obtain specific evidence, the place of investigation, etc. You can write an application for investigation and evidence collection and submit it to the court, which will decide whether it is necessary to obtain evidence. An individual submits an application to the court, and after the court approves it, an investigation order will be issued.

Legal analysis

An investigation order refers to a legal document issued by the court to the attorney of the party concerned to collect the required evidence from the relevant units and individuals after the party concerned is unable to obtain the required evidence for objective reasons in civil litigation and is approved by the people's court. The applicant for an investigation order shall be a party to a civil case that has been accepted by the people's court and entered the execution procedure. The parties in the execution procedure include the applicant for execution and the person subjected to execution after fulfilling their obligations. In a civil case or execution procedure, if an agent of a party applies on his behalf, it shall be specially authorized by the party. The holder of the investigation order shall be a lawyer entrusted by the party concerned, who has submitted relevant agency procedures to the people's court, obtained a valid lawyer's practice license, and is appointed by a law firm to participate in civil cases or execution procedures. In civil trial proceedings, the applicant shall submit a written application for an investigation order to the people's court within the time limit for adducing evidence. The evidence under investigation should be copies or reproductions of specific evidence related to the case, such as documentary evidence, audio-visual materials, electronic data, expert opinions, inspection records, etc. The parties concerned cannot collect it by themselves due to objective reasons, and the contents are fixed and clear after review by the judge, and the carrier is stable and easy to seal up and transfer, except for material evidence and witness testimony.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 188 The people's courts shall hear cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties. For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.

Article 189 When a people's court hears a case of public prosecution, the people's procuratorate shall send personnel to appear in court to support the public prosecution.