Tokyo Barrister: Start the law firm bankruptcy

Chapter 310 Application
Under Utsunomiya's tailoring, the facts of the case took on another look.Of course, it doesn't matter whether this appearance is true or not.Importantly, it is enough that it can shake the possibility of the facts to be proved by the plaintiff.As long as the factual proof of the plaintiff's claim fails to meet the high probability standard, the lawsuit will be lost due to insufficient evidence.

Utsunomiya looked coldly at the pale woman in the plaintiff's seat.She tried hard to control her expression, and wanted to persist.However, this is useless work.

The so-called East University student, the proud son of heaven, is nothing more than that.

Utsunomiya's hand was lightly placed on the table in the dock, stroking the material, enjoying the feeling of victory that almost completely crushed the opponent.

However, when he was immersed in this feeling, there was a sound from the plaintiff's seat opposite.Looking up, I saw the young male lawyer patted his cuffs, with a faint smile on his face, he stood up from his seat unsteadily, his movements and demeanor were full of laziness meaning.

Utsunomiya couldn't help but frowned slightly, because of the man's contemptuous expression, the displeasure in his heart rose again.

Bei Yuan tidied up his suit jacket, looked at the university teacher in front of him, the corners of his mouth curled up, "Just now, the defendant's attorney not only denied the existence of the fact of contact, but also further claimed that the proofreading of "Parade in the Eastern Land and Sending Tang Ji" is correct. Completed independently by Fujimura. Is this what the defendant intends to convey?"

Utsunomiya raised his chin slightly, and the lens reflected the scene in the courtroom, "That's right. Now the plaintiff is arbitrarily filing lawsuits in court and making false accusations of plagiarism, which is destroying the academic reputation of my client. In fact, it is the plaintiff who has plagiarized. High probability of the accused!"

Hearing Utsunomiya's acknowledgment, Kitahara showed a subtle smile.Like a bloodthirsty beast, smelling the bloody smell floating in the air, the nerves all over the body were instantly stimulated and became active.

In the next second, the young male lawyer turned his head to look at Judge Takanashi on the stage, "Chief judge. According to the Civil Procedure Law, the plaintiff bears the burden of proof for the facts on which the claim is based. Documentary evidence under control, upon the plaintiff’s application, may be ordered by the court to be submitted by the other party.”

After finishing speaking, Beiyuan took out a document from the table seat behind him, presented it to the judge's seat, turned his head to look at Utsunomiya, and said, "Now the plaintiff submits the "Application for Ordering the Defendant to Submit Documentary Evidence" to the court."

"The scope of the documentary evidence submitted is the manuscripts formed during the proofreading process by the defendant Fujimura, including but not limited to the drafts of the proofreading itself, and any work record certificates produced for the formation of proofreading papers, such as the proofreading of the proofreading, Excerpts, checks, review, sorting, and collection of background materials required for the proofreading work."

"At the same time, the plaintiff also applied to obtain the borrowing and browsing records of the defendant Fujimura's trips to and from the archives and libraries, the time proof of entering and leaving the special collection room of ancient books, the records of microfilms of ancient books, and the records of working in the special collection room. work notes generated during the

"The above-mentioned documentary evidence is of great significance in proving whether the ancient books involved in the case were indeed independently completed by Fujimura. I hope the court will allow the plaintiff's application."

In an instant, Beiyuan threw out a series of claims requesting evidence from the other party.

The scope of each item of transfer points directly to the key point of whether Fujimura has actually carried out the calibration.

This series of applications immediately poured towards the dock like a waterfall.

Utsunomiya was stunned for a few seconds, as if he did not expect that the other party would suddenly submit an application for retrieval of documentary evidence in court.But after reacting, Utsunomiya immediately opened his mouth and said: "Wait! According to the "Civil Procedure Law", the defendant should be ordered to submit documentary evidence, which should be submitted before the expiration of the proof period. Now it is time for the trial, and the deadline has already passed. Litigation law!"

"Professor Utsunomiya. True gold is not afraid of fire. If it is fake, it will not be true, and if it is true, it will not be fake." Kitahara smiled, "Taking this opportunity to present all these materials, wouldn't it be better to refute Shimokawa's claim."

This order to submit the application was a raid arranged by Kitahara in advance.

The reason why the evidence was not submitted before the deadline in accordance with the procedural law is to prevent the other party from falsifying materials.Only by being sufficiently unexpected can the greatest effect be achieved.

"Absurd!" Utsunomiya heard Kitahara's faint sarcasm, and immediately refuted, "If my client has to produce materials to prove his innocence for every groundless accusation of plagiarism, there will be no peace!"

Judge Takanashi looked at the application on the table and fell into deep thought. After thinking for a while, he raised his head and said, "The court has received the application submitted by the plaintiff. The court will consider whether to approve it. Next Please continue to respond to the defendant's cross-examination comments."

There was neither consent nor explicit refusal.

Obviously, the attitude of the court is also very cautious.

Because the opposite is the highest institution in Toyo Kansai.

Any order to investigate and collect evidence must be made with great care and caution.

Bei Yuan knew very well that this reply represented the court's wait-and-see attitude.If the subsequent progress of the lawsuit is beneficial to the plaintiff, the court will approve it.And if the progress is unfavorable, the court will reject it.

They are going to play with the wind.

Bei Yuan didn't care about the court's attitude. If they were really willing to stand by and watch, and decide the result of the application for submission of documentary evidence based on the progress of the lawsuit, it would be more beneficial to them.

Kitahara bowed slightly to Takanashi, then looked at Utsunomiya, and continued to refute the cross-examination opinion, "The plaintiff's response to the cross-examination opinion of the defendant just now is as follows. In the so-called 'contact + substantive' rule, the required 'contact' does not mean Proof that actual exposure occurred. Rather, it is only necessary to demonstrate the possibility of exposure."

"In other words, the second set of evidence just presented by the plaintiff only needs to prove that the defendant Fujimura has the possibility of having access to the plaintiff's proofreading works, that is, to complete the proof of contact proof standard."

"According to the word document in the first set of evidence submitted by the plaintiff, Xiachuan had completed the proofreading of the third draft of "A Journey to the Tang Dynasty" two and a half years ago. At that time, "A Journey to the Tang Dynasty" had been declared The project was approved successfully, and the defendant, Kayo Fujimura, was responsible for the overall planning of the project as the project host. Based on the evidence presented by the plaintiff just now, Fujimura once sent a text message to the plaintiff to inquire about the progress of the school. "

Beiyuan turned around and looked at the crowd in the auditorium, "Just imagine. As the host of a scientific research project, and he once sent a mobile phone message to inquire about the progress of the plaintiff's calibration. To confirm the progress of the calibration, it is absolutely impossible to confirm the progress of the calibration without personally When you see the results of the calibration, confirm the progress."

"In other words, it is impossible for Fujimura, as the host of the project, not to keep track of the plaintiff Shimogawa's school-checking results. Therefore, Fujimura's status in the research group has already been determined, and he has the possibility of access to the results of Shimogawa's school-checking. Plaintiff The evidence submitted is sufficient to meet the requirements of the burden of proof! If the defendant denies it, he should provide evidence to refute it, otherwise he will bear the responsibility of not being able to prove it!"

(End of this chapter)