Provisions on pre-litigation preservation

The legal requirement of evidence preservation before litigation is that the corresponding evidence should be preserved before litigation. Pre-litigation evidence preservation in civil procedure law refers to pre-litigation evidence preservation, which is a kind of evidence preservation. The new civil procedure law clarifies the system of evidence preservation before litigation. In case of emergency, if the evidence may be lost or difficult to obtain later, the interested party may apply to the people's court where the evidence is located, where the respondent has his domicile or has jurisdiction before bringing a lawsuit or applying for arbitration.

Pre-litigation evidence preservation system is mainly applicable to intellectual property cases (including technical contract disputes, patent disputes, trademark disputes, copyright disputes, network domain name disputes, new plant varieties disputes, integrated circuit layout design disputes, unfair competition disputes, discovery rights disputes, other intellectual property disputes, etc.). ). For other civil disputes, pre-litigation evidence preservation measures are generally not applicable.

Conditions for pre-litigation preservation:

1, the case must be the content of litigation compensation.

2. The relationship between creditor's rights and debts is clear. When an interested party applies for pre-litigation preservation, it shall provide evidence to prove that it enjoys property rights to the respondent.

3. The situation is urgent, and failure to take property preservation measures immediately will cause irreparable damage to the legitimate rights and interests of the applicant.

You must apply before the lawsuit.

5. The application for property preservation must be made by the interested party.

6. The applicant must provide a guarantee.

To sum up, the legal requirement of evidence preservation before litigation is to preserve the corresponding evidence before litigation. It is mainly possible that in the process of filing a lawsuit, it is afraid that the relevant personnel will destroy the evidence and damage the legitimate interests of the parties, so it needs to be preserved.

Legal basis:

code of civil law

Article 104

If an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court where the preserved property is located, where the respondent has his domicile or has jurisdiction to take preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected.

After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately. If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation.