(two) materials involving state secrets, commercial secrets and personal privacy;
(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
According to the provisions of the Civil Evidence Rules, you may apply to the court for investigation and evidence collection under any of the following circumstances:
Article 15 The evidence that the people's court considers necessary for hearing a case as stipulated in Article 64 of the Civil Procedure Law refers to the following situations:
(1) Facts that may harm the national interests, social public interests or the legitimate rights and interests of others;
(two) involving the addition of parties ex officio, suspension of litigation, termination of litigation, withdrawal of litigation and other procedural matters unrelated to substantive disputes.
Article 16 Except under the circumstances stipulated in Article 15 of these Provisions, the people's court shall investigate and collect evidence at the request of the parties.
Seventeenth meet one of the following conditions, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence;
(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and must be transferred by the people's court according to its functions and powers;
(two) materials involving state secrets, commercial secrets and personal privacy;
(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
Matters needing attention in applying for court investigation and evidence collection
Provisions of the Supreme People's Court on Evidence in Civil Procedure
Article 17 stipulates: "If one of the following conditions is met, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence: (1) The evidence applied for investigation and collection belongs to the archival materials kept by the relevant state departments and must be obtained by the people's court ex officio; (two) materials involving state secrets, commercial secrets and personal privacy; (3) Other materials that the parties and their agents cannot collect due to objective reasons. "
Article 18 stipulates: "When the parties and their agents apply to the people's court for investigation and collection of evidence, they shall submit a written application to the people's court. The application shall specify the name of the person under investigation or the name of the unit, the place of residence, the contents of evidence to be investigated and collected, the reasons for the people's court to investigate and collect evidence, and the facts to be proved. "
Article 19 stipulates: "The parties and their agents ad litem may apply to the people's court for investigation and collection of evidence, which shall not exceed seven days at the latest. When the people's court rejects the application of the parties and their agents ad litem, it shall serve a notice on the parties and their agents ad litem. The parties and their agents may, within three days from the day after receiving the notice, apply in writing to the people's court that accepted the application for reconsideration. The people's court shall make a reply within five days from the date of receiving the application for reconsideration. "
The above three articles stipulate the conditions, time limit and legal consequences for the parties to apply to the people's court for investigation and evidence collection, so the parties should pay special attention to safeguarding their legitimate rights and interests in litigation.
References:
Some Provisions of the Supreme People's Court on Evidence in Civil Litigation