2015 Min Sheng Zi No. 8
|Decision No.||2015 Min Sheng Zi No. 8|
|Date||May 22, 2015|
According to the legislative purpose of the Feb. 9, 1990 Taiwan Code of Civil Procedure amendment, though it is necessary to adequately gather and organize evidence before filing a suit, the standard here is not whether the court can already make a judgment, but instead whether it can be shown that there is sufficient reason to file. The movant can prove that the case is meritorious after filing suit, with aid of evidence investigation process towards certain perpetuated evidence. Perpetuation of documentary evidence is not limited to circumstances where the evidence is likely to be destroyed or its use in court may be difficult. When necessary, the party with legal interests in ascertaining the status quo of a matter or object may move to perpetuation of documentary evidence, despite the fact that it is usually not likely that the evidence may be destroyed or its use in court may be difficult. As a result, before filing the suit, if the movant has legal interests in ascertaining the status quo of a matter or object and there is necessity to do so, the scope of the perpetuation of evidence should be magnified for the purpose of suit prevention and the concentration of trials.
Perpetuation of Evidence
|Relevant statutes||Article 368 paragraph 1 of the Taiwan Code of Civil Procedure|
- Release Date:2020-11-13