Which court should I file an evidence preservation application with?

An evidence preservation application refers to a procedure to secure important evidence in advance when there is a risk of damage or alteration in a lawsuit.

In the case of an adultery partner lawsuit, evidence that will be deleted after a certain period such as CCTV footage from accommodations can be secured in advance.

According to Article 375 of the Civil Procedure Act, if it is determined that evidence may become unusable, a party can request evidence examination from the court.

An evidence preservation application must be filed with the court conducting the lawsuit after the lawsuit has been filed, and before the lawsuit, it must be filed with the district court having jurisdiction over the location of the evidence.

When proceeding with an evidence preservation application, you must clearly state the indication of the other party, the facts to be proved, the evidence to be preserved, and the reasons for evidence preservation, and sufficiently explain those reasons.

As such, evidence preservation has complex legal procedures and detailed requirements that must be met, so it is essential to proceed with a specialist attorney.

Please note that it is good to receive the assistance of a specialist attorney to minimize legal risks and ensure that evidence is validly preserved, thereby preventing unfavorable situations in future litigation.