CONTENTS
- 1. The Client Who Came to the Uijeongbu Divorce Litigation Attorney
- - The Circumstances That Led the Client to Come to the Uijeongbu Divorce Litigation Attorney
- - Preservation of Evidence as Explained by the Uijeongbu Divorce Litigation Attorney
- 2. The Assistance Provided by the Uijeongbu Divorce Litigation Attorney
- - The Uijeongbu Divorce Litigation Attorney Argued That the Client Was Currently in the Preparatory Stage of Pursuing a Full Divorce Suit
- - The Uijeongbu Divorce Litigation Attorney Argued That Without Preservation of Evidence There Was a Risk of Loss
- 3. Result of the Uijeongbu Divorce Litigation Attorney's Assistance, a Favorable Judgment
1. The Client Who Came to the Uijeongbu Divorce Litigation Attorney
The client who came to the Uijeongbu divorce litigation attorney to request a consultation had discovered indications of his wife's infidelity and wished to file a claim for damages for emotional distress and a divorce suit.
Needing to secure decisive evidence beforehand, the client came to the Uijeongbu office and wished to proceed with a 🔗application for preservation of evidence.
The Circumstances That Led the Client to Come to the Uijeongbu Divorce Litigation Attorney
The client who came to the Uijeongbu divorce litigation attorney had been maintaining a 🔗common-law (de facto) marriage with his partner without a marriage registration.
In the meantime, he happened to learn that his partner was committing 🔗infidelity with an affair partner.
However, in exchange for obtaining a promise from his partner that she would never see the other person again, he continued to maintain the common-law marriage.
Then, after personally witnessing the two of them entering a hotel located in Uijeongbu, the client ultimately decided to divorce.
He therefore came to the divorce litigation attorney at the Uijeongbu office and requested that hotel CCTV footage and other materials be secured through an application for preservation of evidence.
Preservation of Evidence as Explained by the Uijeongbu Divorce Litigation Attorney
The client, who had a consultation with the Uijeongbu divorce litigation attorney, was in a situation requiring the securing of evidence that could prove his partner's infidelity. He therefore requested assistance in making an application for preservation of evidence.
Preservation of evidence refers to a system whereby, when there are circumstances that would make it difficult to use evidence if one were to wait until the examination of evidence at trial, even before the trial date a prosecutor, defendant, suspect, or defense counsel may, upon request, have the evidence examined.
Defense counsel and others seeking to apply for preservation of evidence must establish the grounds in writing and may make the request to a judge.
As in the client's situation, CCTV footage with a set retention period may be deleted if one waits until the trial date, so the purpose of an application for preservation of evidence is to have the evidence examined before the trial date.
The Uijeongbu Divorce Litigation Attorney's Summary of the Statutes
(1) A prosecutor, defendant, suspect, or defense counsel may, where there are circumstances that would make it difficult to use evidence unless it is preserved in advance, request a judge to conduct a seizure, search, inspection, examination of witnesses, or expert appraisal even before the first trial date.
(2) A judge who has received a request under the preceding paragraph has the same authority as a court or presiding judge with respect to such disposition.
(3) A request under paragraph (1) shall be made in writing, stating the grounds therefor.
(4) An immediate appeal against a decision dismissing a request under paragraph (1) may be filed within three days.
A prosecutor, defendant, suspect, or defense counsel may, with the permission of a judge, peruse or copy the documents and evidentiary materials relating to the disposition under the preceding Article.
2. The Assistance Provided by the Uijeongbu Divorce Litigation Attorney
The Uijeongbu divorce litigation attorney reviewed the contents of the consultation with the client once more and ascertained the specific circumstances of the client's case in detail.
The Uijeongbu attorney then made the following arguments so that the client's application for preservation of evidence would be granted.
The Uijeongbu Divorce Litigation Attorney Argued That the Client Was Currently in the Preparatory Stage of Pursuing a Full Divorce Suit
The client is currently preparing to file a full lawsuit regarding the respondent's infidelity.
Accordingly, the attorney argued that, because the relevant materials are the only materials that can prove the respondent's unlawful act, an application for preservation of evidence is necessary before the lawsuit, and requested that the application be granted.
The Uijeongbu Divorce Litigation Attorney Argued That Without Preservation of Evidence There Was a Risk of Loss
The evidentiary material for which the client applied for preservation of evidence is CCTV footage, which has a set retention period.
Accordingly, the attorney argued that, once the retention period elapses, there is a risk that the very evidence capable of proving the infidelity will be deleted, so preservation of evidence is necessary, and that this was why the application was made.
3. Result of the Uijeongbu Divorce Litigation Attorney's Assistance, a Favorable Judgment
The court, accepting all of the arguments of the Uijeongbu divorce litigation attorney, decided to grant the application for preservation of evidence.
With the assistance of the Uijeongbu attorney, the client was able to secure evidence that would work favorably in the damages claim, the 🔗claim for damages for emotional distress and the 🔗divorce suit.
If You Need Preservation of Evidence Prior to a Divorce Suit
The case above was one in which a client requested the assistance of the Uijeongbu divorce litigation attorney because preservation of evidence was needed before filing a divorce suit against a spouse who had committed infidelity.
Daeryun Law Firm operates Evidence Examination and Digital Forensics groups to secure the evidence that determines the outcome of a trial.
If you need an application for preservation of evidence as in the situation above, please feel free to come to the Uijeongbu divorce litigation attorney at Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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