Additional Proof at the Stage of Case Preparation for Hearing

The article substantiates that it is the persons participating in the case who bear the responsibility of proving their claims and/or objections, however, the court, being responsible for the correct determination of the subject of proof in the case, uses its right and duty to indicate to them the need to provide additional evidence. Additional evidence should be recognized as presented by interested parties or requested by the court after accepting the application submitted to the court, with the help of which the sufficiency of evidentiary material necessary for the consideration and resolution of the case is achieved. Additional evidence presented by persons participating in the case, or requested by the court at their request, gradually replenishes the evidence base available in the case. It is justified to agree with the position of the higher courts that additional evidence should be accepted not only at the stage of preparing the case for trial, but also at later stages of the proceedings, and as a procedural sanction for the untimely submission of evidence, it is necessary to apply the distribution of legal costs. It makes no sense to impose sanctions in the form of a ban on the litigants to present additional evidence in a situation where the court initially incorrectly determined the subject of proof.