Abstract:

Determination of evidence is a procedure regarding the preliminary acceptance of evidence, related to a lawsuit that has been brought or that will be brought in the future, to be gathered and to be assured under some terms and conditions. The determination of evidence does not have the legal character of a lawsuit; instead, it is a conservatory measure. For this reason, the period of limitations does not toll with the demand for a determination of evidence. The tangible facts constitute the topic of determination of evidence. The courts cannot determine evidence ex officio; the acceptance of one piece of evidence is not a final decision. However, the opposing party can object to the decision of determination of evidence for the reason that the conditions for the determination of evidence do not exist. This objection is examined and concluded by the court which gave the decided the determination of evidence

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