Chapter 80 Rules of Evidence
The presiding judge said: "The defendant will then give evidence."
Xie Ling said: "Our evidence is an invoice for the installation cost of the glass curtain wall, the amount is 200,000 yuan, the area is ten square meters. Another piece of evidence is the general information of Jinxiu Garden Building 3 that we obtained from the planning department.
Flat map.”
The presiding judge said: "What is the purpose of proof?"
Xie Ling said: "The first evidence is to prove the bill submitted by the plaintiff. This thing is a fake bill that anyone can get. Our bill was bought by calling the telephone pole on the street to apply for the certificate and spending 100 yuan.
There was no real custom-made glass curtain wall at all, so the bill submitted by the plaintiff to the court should not be accepted. The second evidence is to prove that the plaintiff’s terrace glass door and glass curtain wall are illegal buildings or structures and should not be protected by law according to law.”
The presiding judge said: "Whether these evidences were submitted within the time limit for producing evidence?"
Xie Ling said: "No."
The presiding judge said: "Why are these evidences submitted now? Is there any valid reason?"
Xie Ling said: "Our bills and general plan were obtained just the day before yesterday. It is proved by the time when the bill was issued and the time when the general plan was stamped and signed. Therefore, my evidence is all new evidence and complies with the rules of evidence.
, you should adopt it.”
The presiding judge shrugged and said: "In view of the fact that the defendant submitted new evidence in court, does the civil plaintiff need a corresponding cross-examination period?"
Xie Ling said: "What period of cross-examination are you going to give him? Do you have to ask the bailiff to go to the detention center to pick up my two clients and hold a second court hearing? This is a waste of everyone's time."
The presiding judge said: "Because your evidence has only been presented now, the plaintiff is entitled to the corresponding cross-examination period."
Xie Ling said: "I don't think it's necessary."
The presiding judge frowned and said, "How about you come up for trial?"
Xie Ling stopped making any sound.
I thought to myself that it would be troublesome to hold another court session and it would be a waste of manpower and material resources, so I said, "I don't need a cross-examination period."
The presiding judge said: "Okay, then please attach the civil plaintiff's cross-examination opinion."
Xie Ling said: "I haven't finished speaking yet."
The presiding judge held his forehead with one hand and said, "Just tell me."
Xie Ling said: "We are now applying to the court to send a letter to the city planning department to inquire whether the soundproof glass for the terrace door installed privately at Wei Ce's home, as well as the glass on the outside curtain wall, are illegally constructed buildings or structures."
The presiding judge said: "Why didn't you submit your application within the time limit for presenting evidence?"
Xie Ling said: "This is my freedom."
The presiding judge said: "After the court, you submit a written application. Whether to accept it or not will be decided by the collegial panel after discussion."
Xie Ling said: "The clerk has already recorded my application in the transcript, so there is no need to write a written application anymore. Moreover, it is still a deliberation. It is not you who has the final say whether to send a letter or not."
The presiding judge said: "Okay, we will decide whether to agree or not after the court."
Xie Ling said: "No, you have to agree to me now, otherwise it will be unfair for me to complain to you."
I said, "If she wants to transfer her, she can transfer it. I have no objection. Otherwise, if she goes to the planning department to get a reply before the second trial, it will be difficult for you."
The presiding judge shook his head and said: "Okay, I will send a letter to the planning department after the court. Now please ask the attached civil plaintiff to express his cross-examination opinions on the two pieces of evidence just submitted by the defendant."
I suppressed my blush and swallowed a lot of what I was going to say. I just said: "I have objections to the three properties of evidence one and two provided by the defendant."
Xie Ling said: "Be specific."
I said, "I have no other comments."
Xie Ling smiled contemptuously and said, "Little rookie."
The presiding judge banged his gavel and said, "Please pay attention to judicial etiquette on behalf of the defendant's trainee lawyer."
Xie Ling rolled her eyes at the presiding judge, crossed her arms and said nothing, but continued to shake her legs.
The presiding judge said: "Do the parties have any written evidence that needs to be produced?"
I said: "No more."
After a half-minute silence, the presiding judge said: "Does the defendant's attorney have any other written evidence that needs to be presented?"
Xie Ling still held her head high and said nothing.
Her master could only say: "There is no new written evidence."
The presiding judge continued: "The court investigation is over and the debate stage will begin. The attached civil plaintiff will first express his arguments."
I swallowed a mouthful of saliva, looked at the manuscript in front of me and said: "Dear presiding judge, people's assessors, clerks, and judicial officers on duty."
Xie Ling sneered at this time, looked at me and mouthed: "Flattery."
I gave her a roll of my eyes and continued to read the manuscript: "In response to the points of dispute summarized by the collegial panel, I make the following debate opinions. First, regarding the determination of facts. Since both the investigative agency and the prosecutorial agency believe that the behavior of Wei Ningshan and his son constituted
crime, transfer law
The trial in the court showed that Wei Ningshan and his son smashed the terrace glass of my house and the glass curtain wall on the terrace, causing damage to our property. The evidence is conclusive. We do not need to provide further evidence to prove whether the illegal fact occurred or existed. Second,
Questions about compensation
Question. The bills we provided were authentically obtained and had real official seals stamped by the relevant decoration companies and tax authorities. Instead, the defendant used illegal means to fabricate false glass decoration fee bills and used them as evidence to present in the solemn court.
, suspected of committing perjury
, please take a closer look at the court. In addition, as mentioned above, among the criminal facts determined by the investigative agencies and inspection agencies, there is no need to elaborate on the amount of property destroyed. In summary, our litigation claims have corresponding factual and legal basis.
, please support the collegial panel. Ended."
Xie Ling sneered and said: "Then let me say a few words. First of all, what we do at the criminal trial stage is innocence defense. What is innocence defense? Please ask the other party, a second-year law school classmate, to go back and ask
Ask the teacher, or double-read the book. Therefore, in the criminal and civil trial stage, the collegial panel certainly should not adopt the investigation and inspection agencies.
The presumption of guilt found that my client deliberately destroyed the plaintiff's legal property. Secondly, the plaintiff's pile of broken glass was an illegal structure that had not been approved by the planning department and should not be protected by the law. Please strengthen the collegial panel
Learn, make careful judgments, reject the plaintiff’s claims, and ultimately find my client innocent.”
The presiding judge said: "Do other litigation participants have any new opinions?"
I said: "No more."
Chapter completed!