Section 33(3) of the Several Rules on Evidence in Civil Proceedings states that parties to a normal trial proceeding have not less than 30 days to file evidence. However, due to new circumstances as well as different understanding of the courts, on December 11 2008 the Supreme Court issued the Supreme Court Interpretation on the Application of Regulation on Evidence in Civil Proceedings, providing further explanations on time periods in filing evidence.
Under the Interpretation, the 30 days minimum requirement may be shortened as follows:
- in summary proceedings;
- upon consent of the parties; or
- when filing further or reply evidence with the approval of the court.
The Interpretation further provides that submission of new evidence in appeal proceedings is not subject to the minimum 30 days requirement. On what constitutes new evidence, apart from the factors provided in Sections 41, 42, 43 and 44 of the Rules, the court has to consider whether the evidence in question was already in existence in the relevant periods for provision of evidence and whether the failure to provide this earlier was a result of wilful omission or gross negligence.
In addition to the above, the Interpretation allows the court to set new time periods for filing evidence where there is addition of new parties or amendment of claims or counter-claims, or in a retrial.
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| Howard Tsang and Lilian Shi |
Wilkinson & Grist
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Central, Hong Kong
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