Section VII. Preservation of Evidence
163. (Preservation of evidence)
1. Where the court determines that circumstances exist that make it difficult to use
evidence unless the evidence is examined beforehand, the court may, upon motion
or application, examine the evidence in accordance with the provisions of this
Section.
2. The results of an examination of evidence made pursuant to Paragraph 1 shall
have effect in an action for adjudication of the merits of a case.
3. The parties shall state, at the oral argument of the action for adjudication of the
merits of a case, the results of the examination of evidence that took place
pursuant to Paragraph 1.
164. (Court having jurisdiction)
1. A motion for preservation of evidence after suit has been filed shall be made to the
court before which the evidence is to be used.
2. An application for preservation of evidence before suit has been filed shall be
made to the court of first instance having jurisdiction over either: (i) the residence
of the person to be examined or the holder of the documents to be examined; or
(ii) the location of the object of inspection.
3. A motion for preservation of evidence may be made to the court of first instance
referred to in Paragraph 2 even after suit has been filed where urgent
circumstances exist.
165. (Method of making motion for preservation of evidence)
1. A motion or application for preservation of evidence shall be made in writing.
2. The writing referred to in Paragraph 1 shall include the following matters:
(a) the name and address of the adversary party;
(b) the facts to be proven;
(c) the evidence to be preserved; and
(d) the grounds for preservation of the evidence.
3. The existence of the grounds for preservation of the evidence shall be established
to a preliminary showing.
166. (Inability to specify adversary party)
An application for preservation of evidence may be made even if the adversary party
cannot be specified. In this case, the court may appoint a special representative to
represent the adversary party.
167. (Preservation of evidence on court's own authority)
The court may, where it is deemed necessary, issue a ruling ordering the preservation of
evidence while a suit is pending.
168. (Appeal)
The moving party may bring a Chomtoah appeal against a ruling dismissing a motion or
application for preservation of evidence.
169. (Summons regarding date)
A summons shall be issued commanding the moving party and the adversary party to
appear on the date for examination of evidence. However, this shall not apply where
time is of the essence.
170. (Costs of preservation of evidence)
Costs incurred in connection with the preservation of evidence shall be deemed a part of
the litigation costs in the related action.
171. (Re-examination during oral argument)
Where a party during oral argument offers examination of a witness that was already
examined at the proceedings for preservation of evidence, the court shall examine such
witness.
172. (Delivery of record of preservation of evidence)
Where an examination of evidence for purposes of preservation thereof has been
conducted, the court that conducted the examination shall deliver a record of such
examination to the court in which the case record for the related action exists.
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