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you are here: > Canonum De Ius Positivum
> Article 172
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V. Occurrence |
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| 5.3 Evidence | ||
| Article 172-Disclosure | ||
| Canon 2537 | ||
| Disclosure of Evidence is the acknowledgment, notification, presentment of Physical Evidence in the due process of any argument or dispute. | ||
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| Canon 2538 | ||
| Prior to the commencement of any formal proceedings, all parties are required to fully disclosure all Physical Evidence they plan to present in a formal index of citation properly and uniquely numbered so that the court and any opposing parties may refer to it by number or by subject name. | ||
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| Canon 2539 | ||
| Prior to the commencement of any formal proceedings, either party may lodge an Application for Discovery of Evidence in which specific requests for documents reputedly in the possession of another party material to the proceedings is believed to possess or control. The party receiving such a request is then obliged to respond within a reasonable time to the request or give good cause as to why such documents cannot be produced or specific requests are unreasonable or mistaken. | ||
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| Canon 2540 | ||
| Prior to the commencement of any formal proceedings, either party may lodge an Application for Interrogatory Evidence in which specific requests to answer certain questions are put to the other party material to the proceedings. However, no question may be put that directly accuses the other party of an offence. The party receiving such a request is then obliged to respond within a reasonable time to the request or give good cause as to why such questions cannot be answered. By default, unanswered questions of a valid Application for Interrogatory Evidence are always answered in the affirmative at the commencement of proceedings. | ||
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| Canon 2541 | ||
| Prior to the commencement of any formal proceedings, either party may lodge Documentary Evidence providing it conforms to the form accepted by the juridic person and legal system. | ||
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| Canon 2542 | ||
| Excluding Testimonial and Inferential Evidence, Physical Evidence is generally excluded from being entered into a formal proceeding after it has commenced after pleadings unless the knowledge of such Physical Evidence is divulged through Testimonial Evidence and it can be reasonably argued that such evidence would have been presented as part of defence or prosecution if its existence were known. | ||
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| Canon 2543 | ||
| The withholding of relevant evidence is an offence and grounds for dismissal. | ||
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