For some materials that need to be obtained by lawyers or it is inconvenient for the parties themselves to obtain evidence, they can entrust lawyers to investigate and collect evidence on their behalf, such as the inquiry of the other party's real estate, vehicles, bank accounts and other information.
law of advocate
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
A lawyer who investigates and collects evidence by himself may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Extended data:
rule
Some provisions on plaintiff's litigation proof
In the following infringement proceedings, if the defendant denies the infringement facts put forward by the plaintiff, the defendant shall bear the burden of proof:
(1) Patent infringement litigation caused by product manufacturing methods and invention patents;
(2) Infringement proceedings for damages caused by highly dangerous operations;
(3) Litigation for compensation for environmental pollution damage;
(4) Infringement proceedings in which buildings or other facilities, as well as shelving and hanging objects on buildings collapse and fall off, causing damage to people;
(5) Infringement proceedings for damage caused by raising animals;
(6) Cases in which the defendant bears the burden of proof according to relevant laws.
The parties need not prove the following facts:
(1) One party clearly acknowledges the facts of the case and the claim made by the other party;
(2) well-known facts and natural laws and theorems;
(3) Other facts that can be inferred according to laws or known facts;
(4) The facts ascertained by the legally effective judgment of the people's court;
(5) Facts proved by valid notarial documents.
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