To which court should an application for the preservation of evidence be filed?

An application for the preservation of evidence refers to a procedure for securing important evidence in advance when there is a concern that it may be damaged or altered during litigation.

In the case of a lawsuit against an affair partner, you can secure in advance evidence that is deleted after a certain period, such as CCTV footage from a lodging establishment.

According to Article 375 of the Civil Procedure Act, where it is determined that there is a risk that evidence will become unusable, a party may request the court to examine the evidence.

After a suit has been filed, an application for the preservation of evidence must be made to the court handling that suit, and before a suit is filed, it must be made to the district court that has jurisdiction over the place where the evidence is located.

When making an application for the preservation of evidence, you must clearly set out the identification of the other party, the facts to be proven, the evidence to be preserved, and the grounds for preservation, and you must sufficiently substantiate those grounds.

As such, because the preservation of evidence involves complex legal procedures and detailed requirements that must be met, it can be said that proceeding together with an attorney who specializes in this area is essential.

Please note that it is advisable to receive the assistance of an attorney who specializes in this area in order to minimize legal risk, ensure that the evidence is validly preserved, and prevent an unfavorable situation in any future litigation.