Recently, Beijing King&Capital Law Firm Jiang Ning, Xu Siqi lawyers represented a contract dispute case, in the first instance all the claims were refuted, through access to the core evidence to promote the restart of the court investigation, to realize the second instance to change the sentence.

The second paragraph of article 67 of the civil procedure law stipulates: “the parties and their litigation agents due to objective reasons can not collect their own evidence, or the people's court that the trial of the case requires evidence, the people's court shall investigate and collect.” In practice, the people's court for the “trial of the case need” standard is not the same, resulting in the scale of the evidence is more difficult to grasp. In the case of the first trial, although the contractor also put forward the application for transfer of evidence, but the court of first instance that the evidence is not related to the facts and does not affect the handling of the case, did not agree. In the second trial, the attorney will investigate the evidence as the core of the appeal, by pointing out the contradiction in the other party's defense, cause the court of second instance on the facts found reasonable doubt. On this basis, explain in detail the relevance and necessity of the evidence to be retrieved and the matters in dispute, and provide the court with clear clues to the investigation and evidence collection. After repeated communication, the court of second instance agreed to the application and the judge personally went to the relevant organizations to verify the situation, and after obtaining the core evidence, it revoked the judgment of the first instance and changed the judgment to support our appeal request, which safeguarded the client's legitimate rights and interests and achieved good results.

It is of great significance to accurately grasp the conditions of applying for court investigation and evidence collection and applying for investigation order, and to improve the success rate of applying for court investigation and evidence collection and investigation order, in order to give full play to the mobility of lawyers, and to make up for the impact of the parties' insufficient ability of proof on the adjudication result of the case.