1. Documentary evidence 2. Physical evidence 3. Audio-visual materials 4. Witness testimony 5. Statements of the parties 6. Appraisal conclusions 7. Investigation transcript 2. How to collect divorce evidence, and what is the evidence directory for divorce cases?
(1) Divorce evidence proving the qualifications of the parties (plaintiff and defendant) as subjects of litigation 1. Evidence proving that the plaintiff and defendant are husband and wife, such as marriage certificate, marriage certificate, household register and ID card, etc.
2. If it involves a de facto marriage, a certificate issued by the neighborhood committee or sub-district office should be submitted.
3. To prove that the defendant’s whereabouts are unknown, a certificate issued by the public security authority of the defendant’s place of residence or habitual residence shall be submitted.
(2) Evidence proving the breakdown of the couple’s relationship 1. If domestic violence is involved, forensic identification should be submitted and witness statements should be produced.
2. If drug abuse or gambling is involved, a certificate issued by the neighborhood committee or sub-district office or public security agency should be submitted; if administrative penalties or criminal offenses are involved, the relevant penalty decision or judgment should be submitted.
3. If a person is bigamous or has a spouse living with others, he/she should submit the marriage certificate, birth certificate of the child, household registration certificate, photos or certificates related to the above behaviors issued by the neighborhood committee, sub-district office, or public security agency. If divorce occurs due to bigamy, cohabitation of a spouse with another person, domestic violence or abuse, or abandonment of family members, the innocent party has the right to claim damages.
(3) Proof of one party’s custody of children should be used as appropriate evidence for divorce 1. To prove that one party is in good financial condition, a salary slip or other legal income certificate should be submitted, or evidence of residence should be submitted.
2. If minor children over 10 years old are involved, evidence that the children are willing to stay with their father or mother should be submitted.
(4) Evidence of divorce between **** and the real estate during the marriage relationship 1. Divorce evidence between **** and the real estate during the marriage relationship. For proof of real estate, the real estate certificate or purchase contract, payment invoice or investment certificate should be submitted.
2. For bank deposit certificates and application for court investigation, the name and account number of the bank where the account is opened should be submitted; for stock certificates and application for court investigation, the shareholder code, fund account number and securities business department where the account is opened should be submitted; vehicle certificate, Driving license and license plate number should be submitted.
3. To prove that the other party has equity in the company, the company’s industrial and commercial registration and investment certificates should be submitted.
4. If it is proved that one party has a debt, in addition to submitting an IOU, it must also be supported by relevant evidence.
5. Property certificates of both spouses. If it is proved that the husband and wife have an agreement on property, relevant evidence such as an agreement letter must be submitted.
6. If you apply to the court for investigation and evidence collection, but cannot provide the above clues, the application will be rejected in accordance with the law.
(5) If there is a specific amount of litigation request, a calculation list for the amount of litigation request should be submitted. 3. Precautions for producing evidence for divorce
(1) Precautions for producing evidence for divorce. Other matters needing attention when providing evidence for divorce include:
1. When the court applies ordinary procedures to hear civil cases, the parties are required to complete the production of evidence within 30 days from the day after receiving the court's notice to produce evidence; when applying simplified procedures to hear civil cases, the parties are required to complete the production of evidence within 30 days from the day after receiving the court's notice to produce evidence. The proof must be completed within fifteen days. When the simplified procedure is applied, the parties concerned must complete the production of evidence within fifteen days from the day after receiving the notice of production of evidence from the court.
2. If a party has difficulty in producing evidence within the time limit for producing evidence, he shall apply to the People's Court for an extension of the time limit for producing evidence. With the permission of the People's Court, the time limit for producing evidence may be extended appropriately. If a party still has difficulty submitting evidence within the extended time limit, he or she may apply to extend the time limit again. Whether or not the time limit is granted shall be decided by the People's Court.
3. Any party concerned who applies to the People's Court for investigation and collection of evidence shall submit the application seven days before the expiration of the time limit for producing evidence in accordance with the law.
If the parties and their agents apply to the People's Court for investigation and evidence collection, they shall submit a written application.
The application shall state the basic information such as the name of the person under investigation or the name of the unit and residence, the content of the evidence that needs to be investigated and collected, the reasons for the people's court to investigate and collect the evidence, and the facts that need to be proved.
If one of the following conditions is met, the parties and their litigation agents may apply to the People's Court for investigation and collection of evidence:
1. The evidence collected under application for investigation belongs to the custody of the relevant state departments and must be Archives and materials accessed by the People's Court ex officio;
2. Materials involving state secrets, commercial secrets, and personal privacy;
3. The parties and their litigation agents are unable to do so due to objective reasons Other materials collected.
4. Witnesses appear in court to testify. If a party applies for a witness to appear in court to testify, he or she shall submit a written application to the People's Court ten days before the expiration of the time limit for producing evidence.
5. Witnesses appear in court to testify. When the evidence may be lost or difficult to obtain in the future, the party concerned may apply to the People's Court for evidence preservation. The application shall be submitted in writing to the People's Court seven days before the expiration of the time limit for producing evidence.
6. If a party applies for identification, except for the circumstances stipulated in Article 27 of the Supreme People's Court's "Several Provisions on Evidence in Civil Procedures", it shall be submitted within the time limit for producing evidence; it shall be responsible for the matters requiring identification. A party who has the burden of proof fails to submit an application for appraisal or pay the appraisal fees in advance, or refuses to provide relevant materials within the time limit specified by the people's court without justifiable reasons, resulting in the inability to make a disputed appraisal conclusion on the facts of the case. If the facts of the case cannot be determined through appraisal conclusions, the legal consequences of failure to prove the facts shall be borne.
7. If a party adds or changes a claim or counterclaim, it shall submit it before the expiration of the time limit for producing evidence.
8. When parties provide evidence to the People’s Court, they shall provide original documents or objects. If it is necessary to preserve the originals or objects of evidence, or if it is really difficult to provide the originals or objects, a verified copy or reproduction may be provided to the People's Court, and the originals and objects of evidence shall be submitted for cross-examination during the court hearing.
9. The evidence provided by the parties to the People’s Court was formed outside the territory of the Chinese People’s Government and the State. Certification by the embassy abroad, or the certification procedures stipulated in the relevant treaties concluded by the Chinese People's Government, the state and the state.
The evidence provided by the parties to the People's Court was formed in Hong Kong, Macao and Taiwan, and relevant certification procedures must be completed.
10. If the parties provide foreign language certificates or foreign language explanatory materials to the people's court, they should attach a Chinese translation.
11. The parties shall classify and number the submitted evidence one by one, briefly explain the source, object and content of the evidence, sign and seal it, indicate the date of submission, and send a copy to the other party according to the number.
12. If a party fails to fulfill its burden of proof as required, it shall bear the corresponding legal consequences of failure to provide proof.