Evidence is an act of the party . It is the responsibility of and prove them by using poland telegram the proposed means of proof. Within the evidentiary activity, there is the right to use the relevant means of proof . The judicial body must give a reasoned reason if it rejects the proposed evidence, since if it does not do so, this right would be violated. But it is not an unlimited right; the Supreme Court indicates that the evidence must be relevant, useful and appropriate to the case.
It is also necessary that the evidence has been requested in the manner and at the time legally established , and only the means of evidence authorized by the Law will be admissible.
Means of proof
They are included in article 299 of the Civil Procedure Law:
The questioning of the parties.
Public documents.
Private documents.
Expert opinion.
Judicial recognition.
And the questioning of witnesses.
Also admissible are means of reproducing words, sounds and images , as well as instruments that allow for archiving and knowing or reproducing words, data, figures and mathematical operations carried out for accounting or other purposes, relevant to the process.
When certainty about relevant facts could be obtained by any other means not expressly provided for above, the court, at the request of a party, will admit it as evidence, adopting the measures that are necessary in each case.
As regards the order of practice of the means of evidence , unless the court, ex officio or at the request of a party, agrees otherwise, the evidence will be practiced in the trial or hearing in the following order:
1. Interrogation of the parties.
2. Interrogation of witnesses.
3. Statements by experts on their opinions or presentation of these, when exceptionally they must be admitted at that time.
4. Judicial recognition, when it is not to be carried out outside the court's headquarters.
5. Reproduction before the court of words, images and sounds captured by filming, recording and other similar instruments.
Burden of proof
The burden of proof falls on the party responsible for proving the facts that have not yet been clarified, when these are relevant to the decision. Depending on the process in question, the burden of proof will fall on the defendant or plaintiff. As a general rule, the burden of proof falls on the plaintiff, but in some processes it is reversed, as in the social jurisdiction.
Although it is true that the judge must use the procedural conduct of the parties to assess the evidence , that is, he must focus on which part of the process had the easiest possibility of proving the facts, regardless of who has the burden of proof.
Therefore, to prove or not to prove is a fundamental question to be taken into account by any future litigant. If you find yourself involved in a legal procedure, either as a plaintiff or defendant, you must assess the type of evidence you can provide and how it will be assessed by the judge, since many times you may be right in a process, but if you do not have good evidence, there is little you can do.