Article 68. Presentation and Request of Evidence

The parties are obliged to submit to the court all the evidence at their disposal with which they substantiate their claims or objections. The administrative body is also obliged to submit all the materials of the administrative proceedings.

If the evidence presented is insufficient for the correct resolution of the case, the court will request additional evidence on its own initiative or at the request of the persons participating in the case.

The persons participating in the case have no right to destroy or conceal any evidence or otherwise interfere with its investigation and evaluation, making it impossible or difficult to obtain evidence. In such a case, the court may impose the burden of proof on the obstructing party, regardless of the rules established by this Code.

A person participating in a case who is unable to independently obtain the necessary evidence from a person participating or not participating in the case, shall have the right to apply to the court with a petition to demand this evidence. The petition must indicate what circumstances relevant to the case can be established by this evidence, indicate the evidence and indicate its location.

The court shall issue a determination on the demand for evidence, which specifies the time limit and procedure for presenting this evidence.

A copy of the determination shall be sent to the persons participating in the case, as well as to the person who possess the evidence requested by the court.

The person who possess the evidence requested by the court shall send it directly to the court or hand it to the person who submitted the relevant determination, for transferring to the court.

If the person from whom the court is demanding evidence is unable to present it or unable to present within the time limit established by the court, he shall be obliged to notify the court about this, indicating the reasons within this time limit.

In case of failure to fulfill the obligation to present the requested evidence for reasons recognized by the court as disrespectful, a fine shall be imposed on the person who possess the evidence in the manner prescribed by this Code.

The imposition of a fine shall not relieve the person in possession of the required evidence from the obligation to present it to the court.