Academic literature on the topic 'Evidence in civil proceedings'

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Journal articles on the topic "Evidence in civil proceedings"

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Butryn-Boka, Nataliia, and Viktoriia Botvynnyk. "Evidence in civil proceedings." Aktual’ni problemi pravoznavstva 1, no. 2 (2020): 85–88. http://dx.doi.org/10.35774/app2020.02.085.

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Vladimirovich, Bilalov Alexey, Golubtsov Valery Gennadievich, Makolkin Nikita Nikolayevich, and Khasanshin Ramil Ilgizovich. "Electronic evidence in civil proceedings." Laplage em Revista 6, Extra-A (2020): 23–27. http://dx.doi.org/10.24115/s2446-622020206extra-a551p.23-27.

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This article examines the issues of electronic evidence - their legal nature, the procedure for a party disclosing and evaluation by the court. The author analyzes the works of both Russian and foreign experts on civil procedure, as well as on the issues of electronic technology. Furthermore, the authors have examined the previous related studies of Russian and foreign scholars, legislation of Great Britain, Germany, France and European experience represented by EU directives. In this study, it is attempted to consider not only the issues of exclusively legal analysis, but also the philosophy of proof. This term is actively used in foreign legal science, and there is a much broader legal methodology, that is, a general scientific methodology and an interdisciplinary approach are used actively.
 
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Shtefan, A. "MATERIAL EVIDENCE IN THE CIVIL PROCEEDINGS." Private Law and Business, no. 18 (2018): 112–15. http://dx.doi.org/10.32849/2409-9201.2018.18.25.

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BORISOVA, E. A. "EVIDENCE IN APPEALS IN CIVIL PROCEEDINGS." Herald of Civil Procedure 9, no. 1 (2019): 140–56. http://dx.doi.org/10.24031/2226-0781-2019-9-1-140-156.

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Barbosa, Ana Raquel, Márcia Passos, and Susana Sousa Machado. "CONCEPTUAL ANALYSIS OF EVIDENCE IN CIVIL PROCEEDINGS." ULP Law Review 14, no. 1 (2021): 125–55. http://dx.doi.org/10.46294/ulplr-rdulp.v14i1.7474.

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Summary This article focuses on a dogmatic reflection on the concept and function of evidence in civil proceedings. To this end, it addresses evidence as the object of instruction as well as a number of problems associated with the burden of proof. This analysis also deals with the dialectics between the burden of proof and the burden of claim. The reflection we propose on the concetual basis of the evidence also covers questions relating to the instructional activity, the value of the evidence, the binding force of the means of proof and its limitations. From the theoretical framework described, it is also fundamental to proceed to the methodological classification of the test, also questioning its extra procedural value, always seeking to find foundations in the principles underlying the instructional activity. Key words: civil procedure, proof, instruction, allegation.
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Hamroyev, Shukhrat, and Aleksey Parfyonov. "Civil Contract as an Evidence in Avestan Criminal Procedure." SHS Web of Conferences 50 (2018): 01230. http://dx.doi.org/10.1051/shsconf/20185001230.

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The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.
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Tatulych, Iryna. "Electronic evidence as a means of evidence in civil proceedings." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 215–19. http://dx.doi.org/10.36695/2219-5521.1.2020.43.

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The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice.
 Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System.
 In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.
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ZAYTSEVA, L. V., and N. V. SUKHOVA. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS: PROCEDURAL PROOF ISSUES." Herald of Civil Procedure 9, no. 1 (2019): 189–204. http://dx.doi.org/10.24031/2226-0781-2019-9-1-189-204.

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Kozhevnikova, A. V. "ELECTRONIC EVIDENCE IN THE CIVIL PROCEEDINGS OF UKRAINE." Comparative-analytical law, no. 6 (2019): 128–31. http://dx.doi.org/10.32782/2524-0390/2019.6.30.

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Bartkus, Jurgis. "The Importance of the Admissibility of Evidence in Lithuanian Civil Procedure." Teisė 119 (June 21, 2021): 105–17. http://dx.doi.org/10.15388/teise.2021.119.6.

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The article analyses the importance of the admissibility of evidence in Lithuanian civil proceedings. The analysis of various sources of law allows to link the admissibility of evidence in civil proceedings not only with one of the features of evidence, but also with the objectives of this institute in civil proceedings: ensuring the quality of proof, the cost-efficient process, a fair and just trial, and other values.The reduction of the importance of the admissibility of evidence is essentially influenced by aspects related to the whole evidentiary process – the principle of free evaluation of evidence, the purpose of determination of material truth, and procedural norms establishing the judge as the final assessor of admissibility of evidence and facts. The objectives of the admissibility of evidence in civil proceedings make it necessary to find possible solutions that ensure a more appropriate relationship between the admissibility of evidence and the reasons of its importance.
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Dissertations / Theses on the topic "Evidence in civil proceedings"

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Ng, Yu-wai Magnum. "A comparative study of the law and practice on taking of evidence in international arbitration proceedings an eclectic approach of common law and civil law systems /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22730126a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2008.<br>Title from PDF t.p. (viewed on Oct. 3, 2008) "City University of Hong Kong, School of Law, LW 6409A Dissertation." Includes bibliographical references (p. 63-65)
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Gaqa, Thando. "The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa." University of the Western Cape, 2018. http://hdl.handle.net/11394/6830.

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Magister Legum - LLM<br>South Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that the English Appeal Court had to determine in this case was whether a judgement of a criminal court could be used in subsequent civil proceedings to prove the liability of either of the litigants. The Court reached the conclusion that a judgement of a criminal court is just an irrelevant and inadmissible opinion in later civil proceedings. The court adopted the view that had a criminal conviction been admissible evidence in civil proceedings, it would lead to a situation where the defendant would end up challenging the propriety of those convictions. In the light of that, the courts would be faced with a duty to retry the criminal case in the midst of the civil proceedings. Section 17 of the Civil Proceedings Evidence Act (CPEA) provides that a conviction or an acquittal can be proved by the production of a document dully certified by the relevant court that acquitted or convicted the person in question. Furthermore, section 18 of the Supreme Court Act (SuCA) now section 34 of the Superior Courts Act (SupCA) provides that whenever a judgement, among other things, of a court needs to be proved or referred to in any manner a duly certified copy thereof will serve as prima facie evidence thereof. These sections militate against the rule in Hollington in that they allow, or at least should be interpreted in a manner that accords with the allowance of, the admissibility of conviction evidence in later civil law suits.
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Carvalho, João Victor Carloni de. "A tutela da evidência no sistema processual civil brasileiro /." Franca, 2019. http://hdl.handle.net/11449/191631.

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Orientador: Yvete Flávio da Costa<br>Resumo: A presente pesquisa tem a finalidade de analisar a Tutela da Evidência frente ao novo ordenamento processual civil. Tal instituto faz parte das Tutelas Provisórias, aquelas analisadas a partir de um juízo sumário a fim de se conceder maior eficiência ao processo durante o seu curso. Num primeiro momento necessário um estudo sobre o panorama geral das tutelas provisórias, dando um enfoque na de urgência, a qual demanda a presença dos requisitos da probabilidade do direito e do perigo de dano ou risco ao resultado útil do processo, de forma cumulativa. Feita essa abordagem, concentrar-se-á o estudo nos casos explícitos de tutela da evidência, presentes no rol do art. 311 do Código Processual Civil, estabelecendo-se, ainda, as premissas para a suas diferenças em relação à tutela de urgência, principalmente no tocante à ausência de demonstração do periculum in mora. Por fim, um estudo acerca de hipóteses de tutela evidente fora do rol do art. 311, e até mesmo do CPC/2015 necessita ser feito, pois a legislação processual preconiza algumas situações “especiais” de evidência, em que se concede tutelas, e até mesmo liminares, somente com o fumus boni iuris. Busca-se, portanto, um entendimento sobre o que é um direito evidente e como as novas ferramentas processuais podem contribuir para maior eficiência e celeridade processuais, garantindo-se um mais efetivo acesso à ordem jurídica justa.<br>Mestre
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Melo, Danilo Gomes de. "Tutela de evidência: um estudo sobre a aplicação do artigo 311 do código de processo civil de 2015." Universidade Católica de Pernambuco, 2017. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=1274.

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Conforme exposição de motivos do Código de Processo Civil de 2015, um dos fundamentos para sua elaboração foi a de proporcionar maior celeridade e efetividade ao processo. Para concretizar o objetivo almejado, foi adotado o termo tutela de evidência no artigo 311, ampliando as hipóteses de antecipação dos efeitos da tutela jurisdicional, sem, contudo, necessidade de comprovação da urgência. Portanto, o CPC/2015 apresenta um novo arcabouço para as tutelas provisórias, sendo imprescindível seu estudo pelos operadores do direito. Entretanto, a mudança legislativa não possui embasamento estatístico que a justifique. Assim, o presente trabalho tem como pretensão apresentar as premissas teóricas que fundamentaram a criação da tutela de evidência, enfrentando os temas relacionados com ênfase em análise empírica de processos judiciais, verificando se existe separação entre os conceitos encampados pela doutrina e pela prática jurídica.<br>According to the exposition of motives from the Civil Process Code of 2015, one of the fundamentals to its elaboration was to provide celerity and effectiveness to the process. To achieve the intended goal, it was adopted the evidence injunction on article 311, expanding the anticipation hypothesis of the judicial protection effects, without, however, need to prove the urgency. Therefore, the CPC/2015 presents a new framework to the provisory judicial protection, being indispensable its study by the operators of law. However, the legislative change does not possess statistical basement that justifies itself. Thereby, the present work has the pretension to present the theoretical premises that grounded the evidence injunction creation, facing the themes related to emphasis in empirical analysis of judicial processes, checking if there is separation between the concepts emplaced by the doctrine and by the juridical practice.
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Singh, Nerisha. "Electronic evidence in criminal proceedings." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32978.

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The research question central to the thesis is stated as follows: what are the implications of new technological phenomena in South African law to the existing legal frameworks in relation to (i) investigatory powers of law enforcement and security and intelligence agencies to obtain electronic evidence, and (ii) its subsequent admissibility in criminal proceedings? Written with an emphasis on South African law, but also taking into account aspects of foreign and international law, the thesis seeks to investigate how our existing legal frameworks which regulate the use of and access to electronic evidence in criminal proceedings, including its admissibility, integrate and adapt to challenges raised by new and rapidly changing technological developments. The thesis provides a critical analysis of the existing legal framework regulating certain key investigative powers of law enforcement and security and intelligence agencies in the current modern environment of the information age in which they operate. Key among them is the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002. New technology has not only increased opportunities for criminal activity, it has also created opportunities for law enforcement and security and intelligence agencies to have access to more sophisticated and new capabilities. The range of intrusive capabilities now available to law enforcement and security and intelligence agencies triggers a range of issues and challenges for individual rights, including how those capabilities are used in investigation activities, the scale of their use, the extent to which such capabilities intrude on privacy rights, legislative authority for their use and safeguards that constrain and regulate such new technological capabilities. The challenges of regulating investigative powers in an era of new and fastpaced technological developments is explored in relation to (i) interception of communications (ii) acquisition and retention of communications data, and (iii) access to encrypted information. The introduction of electronic evidence in criminal legal proceedings raises unique challenges in the South African law on evidence. The most interesting perhaps is the extent to which the nature of the evidence presented, in this instance electronic evidence, impacts on admissibility in criminal proceedings. Potential anomalies arise as the relevant legislation, the Electronic Communications and Transactions Act 25 of 2002, is based on an electronic commerce model law concerned with commercial activities. In this regard, two separate issues are the focus of research interest. The thesis offers a rethinking of (a) admissibility of electronic evidence and (b) its weight. The meaning and application of certain statutory provisions, insofar as it applies to electronic evidence as hearsay or real evidence, or both, are key and controversial issues. Another relates to the business records exceptions, which directly translated for electronic records appears to have created a problematic presumption. On matters of evidential weight, there is no ‘one-size-fits-all' approach that will work. While a robust consideration of authentication is required in the court's assessment of evidential weight of electronic evidence, it should not be subject to inflexible tests that make it difficult for authentic electronic evidence to be admitted into evidence. A central premise of the thesis is that evolving technological phenomena can and do present challenges to existing legal concepts on evidence and the investigatory powers of law enforcement and the security and intelligence agencies to obtain electronic evidence and for its admissibility in criminal proceedings. This is done in the context of understanding whether South African law has developed appropriately in response to advancements in technology. In the final analysis, the thesis considers appropriate and meaningful reform towards a modern and transparent legal framework in South African law.
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Blaettler, Nadine. "The Use of Foreign Evidence in Swiss Proceedings." St. Gallen, 2007. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/02603546002/$FILE/02603546002.pdf.

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Gibbons, Susan M. C. "Subsequent use of documents disclosed in civil proceedings." Thesis, University of Oxford, 2002. http://ora.ox.ac.uk/objects/uuid:ff1dd09b-b699-4cae-8022-85459ac336c8.

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Rule 31.22 of the Civil Procedure Rules 1998 provides, as a general rule, that those who receive documents through disclosure during civil proceedings may use them only for the purpose of the proceedings at hand. The general rule is subject to three exceptions, and judges have discretion to authorise subsequent use for other purposes. However, the foundational presupposition underpinning CPR 31.22 is that subsequent use, generally speaking, is improper. The thesis has two primary aims: (1) to demonstrate that the rule governing subsequent use (as developed in the case law) is theoretically and practically flawed, and that maintaining a blanket, general rule against subsequent use is unsound in principle, unjust, and procedurally inefficient; and (2) to generate a normative and procedural framework suitable for reform. Part I outlines the content, origins and operation of CPR 31.22. Through historical analysis, it suggests that presumptively categorising as improper all forms of subsequent use beyond the original litigation contradicts traditional authority. By identifying and examining the three principal rationales said to justify the modern rule, it argues that none affords sound justification. By analysing the exceptions to the rule, including judicial discretion, it seeks to show that such measures are incapable of remedying the defects in the underlying rule. Part II attempts to formulate a theoretically defensible, procedurally viable model for reforming CPR 31.22. It suggests that the presumption against subsequent use should be abolished, and the law reoriented around two central norms: the harm principle and a balancing approach. It tests this theoretical model by applying it to seven paradigmatic categories of subsequent use. Finally, it outlines a possible structure for procedural reform.
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Süße, Sascha, and Carolin Püschel. "Collecting evidence in internal investigations in the light of parallel criminal proceedings." Universitätsbibliothek Leipzig, 2016. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-199168.

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Hanekom, Jurgens Philip. "The application of the hearsay rule in labour law proceedings." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/300.

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To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
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Marais, Claire Anne. "Judging psycholegal reporting in civil court proceedings in the Eastern Cape." Thesis, Rhodes University, 2018. http://hdl.handle.net/10962/62999.

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Purpose: The primary purpose for this research was to evaluate the quality of psycholegal reports, and the qualification of the authors. Previous research had revealed generalised poor practices in psycholegal report writing and the authors seemed unqualified as expert witness. This negatively influenced the impression and usefulness of expert psychological opinion in South African courts. The secondary purpose was to compare the results to those determined by Ireland (2012), which was a useful benchmark study in the UK as her findings corresponded with the literature. Method: This archival research analysed a hand-search sample of 20 reports written by 20 psychologists based nationally. These reports were submitted as expert opinion in civil proceedings in the Grahamstown Division of the Eastern Cape High Court between 2011 and 2016. Ireland and Pinschof’s (2009) measure ‘Quality Rating Scale’ was adapted for a South African context and used to evaluate quantitatively the reports. Focus was on the reports’ contents (fact and opinion), methods, process and overall rating, and the qualification of the authors. Results: Overall, two-thirds of the reports were rated as ‘good’ and ‘very good’. The results were generally more positive than Ireland’s (2012) findings. However, there were practices in the report writing that were deemed detrimental to the quality of the expert’s opinion. This included vague referral questions and unclear basis for concluding opinions and diagnosis. There was also a lack of discussions surrounding the scientific trustworthiness of testing methods and absent ethical considerations. Lastly, the specialised expertise of the experts was not adequately documented. Conclusion: The findings painted a more positive picture of psycholegal reporting in South Africa than illustrated in previous research, which seemingly relied on anecdotes and subjective surveys. This study used a systematic and objective measure. The findings of this study, previous research and ethical Rules of Conduct were used to consider recommendations for psycholegal report writing, and the improvement of the field of psycholegal work. Lastly, the focus of future research was discussed.
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Books on the topic "Evidence in civil proceedings"

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Law Reform Advisory Committee for Northern Ireland. Hearsay evidence in civil proceedings. H.M.S.O., 1996.

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Commission, Great Britain Law. The hearsay rule in civil proceedings. HMSO, 1991.

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Great Britain. Lord Chancellor's Dept., ed. The hearsay rule in civil proceedings. HMSO, 1993.

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Kong, Law Reform Commission of Hong. Report on hearsay rule in civil proceedings (topic 3). Law Reform Commission of Hong Kong, 1996.

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Ibrahim, Hamid. Civil proceedings: Burden & standard of proof. Gavel Publications, 2012.

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Cockerill, Sara. The law and practice of compelled evidence in civil proceedings. Oxford University Press, 2011.

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Evidence: Report on corroboration, hearsay and related matters in civil proceedings. H.M.S.O., 1986.

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Sharpe, Sybil. Electronically recorded evidence: A guide to the use of tape and video recordings in criminal and civil proceedings. Fourmat Pub., 1989.

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Canada. Parliament. House of Commons. Sub-Committee on International Human Rights. Minutes of proceedings and evidence of the Sub-Committee on International Human Rights. Queen's Printer for Canada, 1989.

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President's Council on Competitiveness (U.S.). Civil justice reform model state amendments. The Council, 1992.

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Book chapters on the topic "Evidence in civil proceedings"

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Emson, Raymond. "Hearsay in civil proceedings." In Evidence. Macmillan Education UK, 2010. http://dx.doi.org/10.1007/978-0-230-36358-8_14.

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Emson, Raymond. "Hearsay in Civil Proceedings." In Evidence. Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14994-0_8.

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Settem, Ola Johan. "The ‘Evidence’ Issue." In Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-24883-7_9.

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Khalaf, A. "Evidence-Based Maintenance For Medical Equipment." In IFMBE Proceedings. Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-03885-3_223.

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Munday, Roderick. "XIII. Hearsay in civil proceedings." In Cross & Tapper on Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780199668601.003.0013.

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This chapter discusses the hearsay rule in the context of civil proceedings. It begins with a consideration of Section 1 of the Civil Evidence Act 1995 (CEA). Doubts have been raised as to whether the Act is compatible with the ECHR, and on any basis, there are procedural differences between the methods of adducing different forms of hearsay under the provisions of the act. Consideration of the effect of the act in changing the law thus constitutes the first, and more important, section of this chapter. The chapter then turns to how the provisions of the act indicate that some of the existing rules relating to the admissibility of hearsay in civil proceedings remain in force.
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Choo, Andrew L.-T. "11. Hearsay Evidence." In Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806844.003.0011.

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Chapter 11 discusses the law on hearsay evidence. It covers the admissibility of hearsay evidence in civil proceedings, now governed by the Civil Evidence Act 1995; other proceedings in which the hearsay rule is inapplicable; and the admissibility of hearsay evidence in criminal proceedings.
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Choo, Andrew L.-T. "11. Hearsay Evidence." In Evidence. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198864172.003.0011.

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Chapter 11 discusses the law on hearsay evidence. It covers the admissibility of hearsay evidence in civil proceedings, now governed by the Civil Evidence Act 1995; other proceedings in which the hearsay rule is inapplicable; and the admissibility of hearsay evidence in criminal proceedings.
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Keane, Adrian, and Paul McKeown. "Hearsay admissible by statute in civil proceedings." In The Modern Law of Evidence. Oxford University Press, 2014. http://dx.doi.org/10.1093/he/9780199684342.003.0011.

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Choo, Andrew L.-T. "10. Character Evidence." In Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806844.003.0010.

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Chapter 10 begins with a discussion of the relevance of evidence of character. It then deals with the admissibility of character evidence in civil and criminal proceedings. In civil cases, the admissibility of evidence of a party’s bad character is governed simply by the test of relevance. In criminal proceedings, the entitlement of a defendant to a direction on the significance of his or her good character is taken seriously. The Criminal Justice Act 2003 now provides a comprehensive statement of the law on evidence of bad character in criminal proceedings.
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Choo, Andrew L.-T. "10. Character Evidence." In Evidence. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198864172.003.0010.

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Chapter 10 begins with a discussion of the relevance of evidence of character. It then deals with the admissibility of character evidence in civil and criminal proceedings. In civil cases, the admissibility of evidence of a party’s bad character is governed simply by the test of relevance. In criminal proceedings, the entitlement of a defendant to a direction on the significance of his or her good character is taken seriously. The Criminal Justice Act 2003 now provides a comprehensive statement of the law on evidence of bad character in criminal proceedings.
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Conference papers on the topic "Evidence in civil proceedings"

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Koshelev, Anton, and Ekaterina Rusakova. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/10.

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A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.
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Kuleshova, I. A. "Problems of falsifying evidence in civil and arbitration proceedings." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/lj-04-2018-59.

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Minyaylenko, Nikolai Nikolaevich, and Aleksandr Yurievich Keklis. "Evidence in Civil Proceedings (Modern Theoretical and Legal View)." In АКТУАЛЬНЫЕ ВОПРОСЫ РАЗВИТИЯ ГОСУДАРСТВЕННОСТИ И ПУБЛИЧНОГО ПРАВА. Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2020. http://dx.doi.org/10.47645/978-5-6044512-3-6_2020_1_153.

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Mathew, Anna, Seema K. Nayar, and Santhosh Sathyapal. "Selection of Performance Objectives and Key Performance Indicators in PPP Projects: A Review." In International Web Conference in Civil Engineering for a Sustainable Planet. AIJR Publisher, 2021. http://dx.doi.org/10.21467/proceedings.112.1.

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Public-Private Partnerships (PPP), now applied widely in the global construction market, are more complex than conventional public procurements in economic, social, political, legal, and administrative aspects. Therefore, in order to ensure good performance and subsequent success of project, PPPs require a well-formulated performance management system that takes into consideration the perspectives of all stakeholders involved. A general agreement on how to measure success is necessary, which may be achieved by the definition of Performance Objectives (POs) of the project. Further statistical evidence, often labelled Key Performance Indicators (KPIs), may be employed to ensure that the actual progress is at par with the targeted. Determination of appropriate POs and KPIs is important for successful performance management. Numerous studies have been conducted worldwide to identify a desirable set of POs and KPIs in PPPs.
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Volkov, Dmitry Vladimirovich, and Elena Aleksandrovna Nakhova. "Types of actual compositions in civil proceedings and administrative proceedings and their significance in determining the subject of evidence in the case." In СОВРЕМЕННЫЕ ТЕНДЕНЦИИ РАЗВИТИЯ ЧАСТНОГО ПРАВА, ИСПОЛНИТЕЛЬНОГО ПРОИЗВОДСТВА И СПОСОБОВ ЮРИДИЧЕСКОЙ ЗАЩИТЫ. Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2020. http://dx.doi.org/10.47645/978-5-6044512-6-7_2020_21.

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Liu, Zonghui, Yetian Wang, Hui Ke, Heng Wu, and Dong Zhou. "Research on multisource information fusion of tunnel geological prediction based on evidence theory." In Proceedings of the International Conference on Civil, Architecture and Environmental Engineering (ICCAE2016). CRC Press/Balkema, 2017. http://dx.doi.org/10.1201/9781315116259-13.

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Yiping Wang and Baofeng Li. "The architectural values of Evidence-based design." In 2011 International Conference on Electric Technology and Civil Engineering (ICETCE). IEEE, 2011. http://dx.doi.org/10.1109/icetce.2011.5776507.

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CHEN, YUNAN, and CHAOMAI CHEN. "DISCOVERING CLINICAL EVIDENCE FOR EVIDENCE-BASED MEDICINE." In Proceedings of the 2005 International Conference on Knowledge Management. WORLD SCIENTIFIC, 2005. http://dx.doi.org/10.1142/9789812701527_0021.

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Wu, Ying. "Fault diagnosis of civil aircraft electrical system based on evidence theory." In 2017 20th International Conference on Information Fusion (Fusion). IEEE, 2017. http://dx.doi.org/10.23919/icif.2017.8009666.

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Chen, Nongtian, Changchun Zhou, and Rui Li. "Civil Aviation Maintenance Human Error Control Assessment Based on Evidence Theory." In First International Conference on Transportation Information and Safety (ICTIS). American Society of Civil Engineers, 2011. http://dx.doi.org/10.1061/41177(415)268.

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Reports on the topic "Evidence in civil proceedings"

1

Besley, Timothy, and Torsten Persson. The Incidence of Civil War: Theory and Evidence. National Bureau of Economic Research, 2008. http://dx.doi.org/10.3386/w14585.

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Bleck, Jaimie, Jessica Gottlieb, Katrina Kosec, and Lindsey Boss. Women’s voices in civil society organizations: Evidence from a civil society mapping project in Mali. International Food Policy Research Institute, 2021. http://dx.doi.org/10.2499/9780896294141.

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Costa, Dora. Explaining the Changing Dynamics of Unemployment: Evidence from Civil War Records. National Bureau of Economic Research, 1993. http://dx.doi.org/10.3386/h0051.

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Moreira, Diana, and Santiago Pérez. Civil Service Reform and Organizational Practices: Evidence from the Pendleton Act. National Bureau of Economic Research, 2021. http://dx.doi.org/10.3386/w28665.

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Ropero-Miller, Jeri, Crystal Daye, and Heidi Eldridge, eds. Conference Proceedings: 2015 Impression, Pattern, and Trace Evidence Symposium. RTI Press, 2015. http://dx.doi.org/10.3768/rtipress.2015.cp.0001.1512.

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CORPS OF ENGINEERS WASHINGTON DC. Engineering and Design: Reporting of Evidence of Distress of Civil Works Structures. Defense Technical Information Center, 1996. http://dx.doi.org/10.21236/ada404506.

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Nic Daeid, Niamh, and Michael Marra. The Future of Digital Evidence - Proceedings of a Strategic Conversation. University of Dundee, 2019. http://dx.doi.org/10.20933/100001125.

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Eli, Shari, Laura Salisbury, and Allison Shertzer. Migration Responses to Conflict: Evidence from the Border of the American Civil War. National Bureau of Economic Research, 2016. http://dx.doi.org/10.3386/w22591.

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Dippel, Christian, and Stephan Heblich. Leadership in Social Networks: Evidence from the Forty-Eighters in the Civil War. National Bureau of Economic Research, 2018. http://dx.doi.org/10.3386/w24656.

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Alfonso, Mariana, Matías Busso, Hugo R. Ñopo, and Triana Yentzen. Civil Service Reform and Self-Selection into Teaching: Experimental Evidence from an Information Intervention. Inter-American Development Bank, 2019. http://dx.doi.org/10.18235/0001832.

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