Does the court have to have original evidence to hear a case?

Article 10 of the Supreme People's Court's Provisions on Evidence in Civil Litigation stipulates that the parties shall provide the original or original evidence to the people's court. It is necessary to keep the original or provide the original evidence by itself. If the original is really difficult, a copy or duplicate verified by the people's court may be provided.

According to the above provisions, when submitting evidence to the court, the parties must submit the original evidence.

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If the evidence submitted by the parties is recognized by the court as the factual basis of the case after cross-examination and verification in court, it shall be listed in the judgment made by the court. The court's judgment on the parties has dealt with controversial matters. From the perspective of non bis in idem and the principle of final justice, the court must take back the original evidence to avoid repeated prosecution.

This is the basic rule of the court in handling cases. The original evidence should be attached to the court for the record and generally will not be returned to the parties. However, some special evidence required by the parties, such as property right certificate, disability certificate, professional qualification certificate, etc., are closely related to the parties, and the evidence to be used continuously must be returned to the parties.

For the evidence that the parties request to return, the parties must provide a copy of the evidence, and indicate on the copy the situation that the original was taken back. If one party refuses to accept the judgment, the court of first instance will put all the files, including evidence, in one file and submit them to the higher court. The parties need not re-collect evidence or provide evidence.

References:

Heilongjiang gannan county Court Network