The burden of proof in a civil process is a term that applies to the obligation of participants in a process to prove the facts to which they refer. There are general rules and exceptions. Consider how this all applies.
Normative regulation
It is built on several principles set forth in the Code of Civil Procedure. In addition, there are general explanations of the Supreme Court in the decisions of the Plenum. Reviews of judicial practice are regularly published, which discusses the application of procedural legislation.
Despite the sufficient clarity of the legislation, the difficulties in sharing the burden of proof in the civil process in practice remain unresolved.
The basic principle
The burden of proof in the civil process obliges each party to base all its claims and objections. The court cannot be decided without evidence.
How is the evidence process organized? The parties shall provide the court with:
- documents confirming their allegations;
- testimony of witnesses;
- they ask the court to order an examination or he appoints it at his discretion.
What is business based on?
If there is not enough evidence in the case that complies with the law, the facts stated by the parties are considered unproven, or vice versa, not refuted. It depends on the task facing each side. More often than not, the burden of proof in the civil process falls on both sides; it cannot be said that it only affects the plaintiff or defendant.
Consider some points of the process of proof. Its purpose is to identify:
- facts justifying the claims stated in the lawsuit (for example, failure to fulfill obligations, dismissal from work, damage caused as a result of an accident, etc.);
- facts confirming the defendant's objections (information about taking measures to fulfill their obligations, the legality of dismissal, lack of guilt in an accident, etc.);
- procedural facts (fulfillment of the requirements for the statement of claim), the existence of reasons for restoring the procedural term for the commission of certain actions, etc.
Subject of evidence
In procedural law, they operate on the subject of evidence - a list of facts that are essential to the case. Who decides on the significance of facts? Determining the subject and the burden of proof in a civil proceeding is the duty of the court.
Starting the proceedings, he indicates which circumstances or facts need to be established. It proceeds from the rule of substantive law. This includes, for example, civil and land codes, regulations of various levels of government governing disputed relations.
For example, the plaintiff asks to recover the amount of debt, his responsibilities include the provision of settlement. If there is a dispute about the division of property, an appraiser report is attached, confirming the amount of claims.
The role of documents in the process of proof
The court accepts the information set forth on paper or in electronic form. The materials provided must be relevant and acceptable. The first criterion means the relationship of the attached document to the disputed legal relationship, the second criterion is compliance with the norms of the law. It includes both the lawfulness of receipt and compliance with the form and content of the norms of law.
For example, confirming the fact of dismissal or causing harm, the plaintiff attaches to the lawsuit a copy of the order or verdict or ruling on the conviction of an administrative violation. They confirm the fact on which the requirements are built and are relevant.
The legitimacy of receiving a document is its issuance by an authorized person in the prescribed manner. Requirements for the content and form mean the presence of all details, for example, seals, signatures, watermarks, etc. If a copy is provided, a special mark is made on it.
Witness statements
An oral narrative of individuals about what they saw or heard. If the witness talks about events from other people's words, he indicates the source of information. A judge may, without recognizing the evidence as false, refer to a critical attitude towards them and reject it when making a decision.
The distribution of the burden of proof in the civil process obliges to take into account the above nuances. If the party has not provided any documents or testimonies of witnesses, or they are recognized as improper, the statements of the party shall not be considered proved.
Expertise
Her appointment and conduct are controlled by the court. If at the same time the party refused to provide materials for the study or otherwise evaded it, the court will recognize or deem to be unproven a fact that must be confirmed or disproved by an expert. The choice of a judge depends on which outcome of the examination is beneficial to the guilty party.
Obstacles to collecting evidence
Regardless of who the burden of proof lies in the civil process, the judge will assist in obtaining evidence when necessary.
Having discussed at a preliminary meeting a list of relevant facts, the judge invites the parties to file petitions for the collection of documents, the appointment of an examination, and the conduct of interrogation.
In some cases, a judge cannot do without participation. In the first case, this happens when issuing information only by court order. In the second, the applicant is refused to issue documents without a formal reason. Both there and there the application is submitted to the judge, and papers on unsuccessful treatment are added.
Procedural presumptions
Consider in this connection the concept of evidence-based presumption in the civil process. The burden of proof in such a situation is either absent or falls on the other side.
So, the facts established by a court decision, which has already entered into force, are not verified, and are considered proven when considering a case in which the same persons take part. In civil proceedings, this rule applies to decisions in civil, administrative and arbitration cases.
The verdict confirms the commission of a crime by a specific person. Circumstances established by the notary in the performance of duties and recorded in the document are considered proven if there were no significant violations in the procedure and the document was not recognized as false.
Substantive presumptions
The source of the presumption may be material law, and they affect specific situations.
We list some of them:
- fault of the debtor in default;
- integrity of the citizen;
- good faith acquisition of property;
- paternity of the husband who gave birth to the woman.
- the defendant’s fault in causing harm.
How does a judge act?
When opening a case, the judge, in the ruling on the opening of the case, informs the parties what actions must be performed. Directly at the meeting, the obligation to prove and what information is presented by each participant in the case is explained. The law requires already in the determination to open a case to give a list of facts relevant to the case. However, how the burden of proof is distributed in a civil proceeding is decided not in the silence of the judge’s office, but in the courtroom.
If any circumstances relevant to the case, in the judge's opinion, were not affected by either the plaintiff or the defendant, then the judge is still entitled to bring them up for discussion and invite the parties to provide explanations and evidence in this regard.The presumptions do not cancel the judge's duty to verify the accuracy of the source provided by the party. In particular, examine a court decision or other document.