Circumstances under Which a Petition for Preservation of Evidence May Be Filed

Where any evidence may be destroyed or become difficult to obtain, the people's court may, upon receipt of a petition or on its own initiative, make an order for preservation of the evidence during the proceedings.

Where any evidence may be destroyed or become difficult to obtain in case of an emergency, an interested party may file a petition for an order for preservation of evidence with the people's court in the jurisdiction where the evidence or the domicile of the party against whom the petition is filed is located or with the people's court of competent jurisdiction over the case before filing a lawsuit or referring to arbitration.

Other procedures for preservation of evidence shall be governed, mutatis mutandis, by the provisions of Chapter IX of this Law regarding preservation.

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

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China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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