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Practice Areas | Legal Enforcement | Q & A |
 | E. Procedural steps to trial 5. Can issues in a case be narrowed by requests for admissions/stipulations? | | |  | Yes, during the preparatory proceeding, the commissioned judge should clarify the relations involved in the action. According to Articles 268-1 and 270-1 of the Code of Civil Procedure, the commissioned judge may order parties to negotiate on issues alleged within a designated period of time, to reach an agreement on the simplified issues and make joint report to the court. Parties shall be bound by the agreement reached, unless both parties agree to amend otherwise, or where reasons exist not imputable to the parties, or other circumstances render such binding agreement manifestly unfair.
Note that issues in a case can only be narrowed at the preparatory stage and not beyond. | | | | E. Procedural steps to trial 6. Can facts in a case proven by experiments? | | | | Yes, according to Article 284 of the Code of Civil Procedure, to make a preliminary showing of a factual allegation, all kinds of evidence may be used to establish the truth of such allegation to the belief of the court, except for the kind of evidence that cannot be submitted immediately. The Court will decide ways to investigate evidence and steps thereof, such as, necessities of examination, direct investigation, document-collection, and mandatory response upon a court’s formal request. Laboratorial experiments can also be conducted when the Court believe it is necessary. | | | | E. Procedural steps to trial 7. Are expert witnesses used? If so, are they appointed by the court or parties? | | | | Yes, according to Article 326 of the Code of Civil Procedure, expert witnesses are appointed by the court but the court may accord parties an opportunity to be heard. If the parties have agreed on the designation of an expert witness, the court shall appoint such expert witness, except that the court considers inappropriate. Nevertheless, the court may replace an appointed expert witness. | | |
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