Evidence and Standards of Proof

Question 1

2 Fundamental Principles underlying evidentiary rules

Answer 1

1) Each party must prove own facts

2) “principe de la contradictione”

Question 2

“actor incumbit probatio” (latin)

Answer 2

If one party cannot prove own facts, case should be dismissed

Question 3

“nemo tenemur edere contra se” (latin)

Answer 3

party not obliged to produce a document that may harm its case

Question 4

CPC Art. 11

Answer 4

Each party shall comply with “mesures d’instruction”; Challenge permitted on “legitimate grounds”

Question 5

Pre-trial Discovery

Answer 5

Does not exist in French civ. pro.

Question 6

Le principe de la contradition

Answer 6

“Due Process” or “adversarial principle” wherein Parties must spontaneously provide to other party factual and legal arguments, and evidentiary documents

Question 7

CPC Art. 16

Answer 7

Judge must enforce the “Principe de la contradiction”; shall not base decision on evidence communicated otherwise

Question 8

debat contradictoire

Answer 8

discussion of the parties at l’audience

Question 9

“sua sponte” (latin)

Answer 9

on own initiative - Case law decided that Judge may not make investigatory orders without request from a party

Question 10

legitimate grounds to challenge production order

Answer 10

trade secret, bank confidentiality, personal privacy