Article 69. Presentation and requesting of evidence
Economic procedure code of the Republic of Uzbekistan · Date: 24.01.2018 · In force
Evidences shall be presented by the persons participating in the case.
If the court considers the available evidence to be insufficient, it may propose to submit additional evidence important for establishing the objective circumstances of the case and the correct settlement of the dispute.
A person participating in the case, who has no possibility to independently obtain the necessary evidence from a person participating or not attracted for the participation in the case, who possesses the evidence, is entitled to submit a petition to the court on requesting this evidence. The petition must specify what circumstances important for settlement of the case can be established by this evidence, designate the evidence, and indicate the place of its location.
A ruling shall be made based on the results of consideration of the petition on requesting the evidence.
The ruling on the satisfaction of the petition on requesting the evidence shall indicate the time limit and the order of presenting the evidence. The ruling shall be directed to the person who possesses the evidence requested by the court.
The person who possesses the evidence requested by the court shall send it directly to the court or hand out to the person having the respective ruling for further transfer to the court.
If the person from whom the court requests the evidence has no possibility to present it in general or has no possibility to present it within the time limit established by the court, he is obliged to notify the court about the fact with indication of the reasons thereof within this time limit.
In case of non-execution of the request on submission of the requested evidence for the reasons recognized by the court to be invalid, the person who possesses the evidence shall be imposed a court fine in the manner prescribed by chapter 14 of this Code.
In the instance of imposing a court fine the person who possesses the evidence being requested is not released from the duty to present it to the court.
