Article 85: Right to adduce evidence

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 43/2566 (2023)

   A party may adduce any evidence subject to the rules on admissibility under Section 85; statements a party made during court mediation that are not confidential under the Supreme Court President's mediation regulation may be received in evidence.

   The court held that statements a party made during mediation were not confidential under the Supreme Court President's mediation regulation in the manner claimed, and could therefore be relied on as evidence, subject to Section 85. On the facts, however, those statements were only an expression of opinion and did not amount to serious defamation or ingratitude.

2. Arrêt de la Cour suprême n° 5197/2558 (2015)

   Under Section 85 a party may present both oral and documentary evidence; a party may, for example, submit as a document the recorded testimony a witness previously gave in another court instead of calling that witness.

   The court held that under Section 85 a party may adduce both witness and documentary evidence, so the plaintiff was entitled to submit, as a document, the testimony a witness had previously given in the labor court instead of calling that witness again. The defendants' argument that this was an improper procedure was rejected, particularly as their counsel had accepted the document's correctness.

3. Arrêt de la Cour suprême n° 4593/2552 (2009)

   The adducing of evidence to the court is governed by Section 85 on the admissibility and submission of evidence; once a party has duly filed its list of witnesses, the evidence is lawfully before the court and may be considered.

   The court held that presenting evidence follows Section 85 on admissibility and submission, so once the plaintiff had filed its list of witnesses as required, the evidence was lawful and could be considered in the judgment. No law barred the court from receiving evidence adduced at trial merely because it had not passed through an administrative committee stage.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.