The notarization of evidence preservation means the notarization institution verifies, keeps and fixes evidences which tend to lose or be difficult to obtain in future before the occurring of lawsuits in accordance with laws concerned.
Subjects which may be applied notarization institution for evidence preservation: The testimony of witnesses, material evidence, documentary evidence, audio-visual materials, expert conclusion, record of inspection, property inventory records, standard samples agreed in the contract, sampling findings of market, etc.
The notarization of evidence preservation will be governed by the notarization institution located in the domicile of the applicant, or that in the registration location of legal person and that in the location of evidence which is applied for preservation. The applicant shall bring forward application to the notarization institution with jurisdiction. Besides, he shall complete notarization application form and provide the following documents:
Identification. For legal person, provide qualification of legal person and identification certificate of the legal representative. For individual, provide ID card, household register, etc. For agent, provide letter of attorney and the identification certificate of the agent.
The evidence to be preserved and documents showing that such evidence may be loss or hard for preservation.
Purpose and application of evidence preservation as well as documents or materials showing that the applicant is connected with the evidence.
If the evidence applied for preservation is testimony of witnesses, the witness shall go to the notary office in person or the notary shall be personally present. The witness shall provide related identification certificate to the notarization institution.
For the material e vidence to be applied for preservation, to provide the sample, illustration, proof of ownership and other proof materials.
Other supporting documents required by the notarization institution. |