Chapter 56 Application
Under Utsunomiya's tailoring, the facts of the case took on another look. Of course, it doesn't matter whether this look is the real facts. What is important is that it can shake the possibility of the plaintiff's facts to be proved.
It is enough. As long as the plaintiff's factual proof of its claim cannot meet the high standard of probability, the case will be lost due to insufficient evidence.
Utsunomiya looked coldly at the woman in the plaintiff's seat who turned a little pale. She tried hard to control her expression and still wanted to persist. However, it was in vain.
The so-called Dong University students, the proud sons of heaven, are nothing more than that.
Utsunomiya's hand was gently placed on the table in the dock, stroking the materials, enjoying the feeling of victory that almost completely crushed his opponent.
However, while I was immersed in this feeling, there was a noise from the plaintiff's bench opposite. Looking up, I saw the young male lawyer patting his sleeves with a hint of vagueness on his face.
Smiling, he stood up from his seat unsteadily, his movements and demeanor full of laziness.
Utsunomiya couldn't help but raise his eyebrows slightly, feeling displeased in his heart rising again because of the man's contemptuous look.
Beihara straightened his suit jacket, looked at the university teacher in front of him, and raised the corners of his mouth, "Just now, the defendant's attorney not only denied the existence of the fact of contact, but also further claimed that the editing of "The Journey to the Eastern Land to the Tang Dynasty" was
It was completed independently by Fujimura. Is this what the defendant wanted to express?"
Utsunomiya raised his chin slightly, his lenses reflecting the scene in the courtroom, "Yes. Now the plaintiff is arbitrarily filing a lawsuit in court and making baseless accusations of plagiarism. It is destroying my client's academic reputation. In fact, it is the plaintiff who committed plagiarism.
The defendant’s chances are high!”
Hearing Utsunomiya's admission, Kitahara showed a subtle smile. Like a bloodthirsty beast, he smelled the smell of blood wafting in the air, and the nerves in his whole body were instantly stimulated and became active.
The next second, the young male lawyer turned to look at Judge Takanashi on the stage, "Chief Judge. According to the Civil Procedure Law, the plaintiff bears the burden of proof for the facts on which the claim is based. But for the other party,
Documentary evidence under control can be ordered by the court to be submitted by the other party upon application by the plaintiff."
After finishing his words, Kitahara took out a document from the table behind him, presented it to the referee's seat, turned to look at Utsunomiya, and said: "Now the plaintiff submits an "Application for Ordering the Defendant to Submit Documentary Evidence" to the court."
"The scope of the documentary evidence submitted is the manuscripts produced during the proofreading process by the defendant Fujimura, including but not limited to the proofreading itself. It should also include proof of any work records produced to form the proofreading manuscripts, such as the correction of the manuscripts,
Excerpt, check, review, organize and collect the background information required for the proofreading work.”
"At the same time, the plaintiff also applied for access to defendant Fujimura's travel records to and from the archives, the library's borrowing and browsing records of ancient books of "Report to the Tang Dynasty", proof of the time of entering and leaving the ancient books special collection room, records of retrieving microfilm of ancient books, and work in the special collection room.
Work notes generated at that time.”
"The above documentary evidence is of great significance in proving whether the ancient books involved in the case were indeed edited and independently completed by Fujimura. I hope the court will grant the plaintiff's application."
In an instant, Kitahara launched a series of requests for evidence from the other party.
Each retrieval range directly points to the key point of whether Fujimura can truly conduct calibration.
The series of applications suddenly poured out like a waterfall towards the dock.
Utsunomiya was stunned for a few seconds, as if he did not expect that the other party would suddenly submit an application for obtaining documentary evidence in court. But after reacting, Utsunomiya immediately said: "Wait! According to the provisions of the Civil Procedure Law,
The defendant is ordered to submit documentary evidence, which should be submitted before the expiration of the time limit for producing evidence. Now that the trial has arrived, the time limit has long passed, and the plaintiff’s application does not comply with the procedural law!”
"Professor Utsunomiya. Real gold is not afraid of fire. What is fake cannot be true, and what is true cannot be fake." Kitahara said with a smile, "Wouldn't it be better to take this opportunity to present all these materials to refute Shimokawa's claims?"
This order to submit an application was a raid arranged by Kitahara in advance.
The reason why it was not submitted before the deadline for producing evidence as stipulated in the Procedural Law is to prevent the other party from falsifying materials. Only by sufficiently surprising can the greatest effect be achieved.
"Absurd!" Utsunomiya listened to Kithara's faint sarcasm and immediately refuted, "If my client has to produce materials to prove his innocence for every unfounded accusation of plagiarism, there will never be peace!"
Judge Takanashi on the stage looked at the application on the table and fell into thinking. After thinking for a while, he raised his head and said: "The court has received the application submitted by the plaintiff. The court will consider whether to approve it. The following is
Please continue to respond to the defendant’s cross-examination comments.”
There was neither consent nor explicit rejection.
Obviously, the court's attitude is also very cautious.
Because opposite is the highest academic institution in Kansai, Japan.
Any order for investigation and evidence collection must be made with great caution.
Kitahara knew very well that this reply represented the court's wait-and-see attitude. If the subsequent progress of the lawsuit was beneficial to the plaintiff, the court would approve it. If the progress was unfavorable, the court would reject it.
They plan to adapt to the changing circumstances.
Kitahara didn't care about the court's attitude. If they were really willing to stand by and watch, and decide the outcome of the application to submit documentary evidence based on the progress of the lawsuit, it would be more beneficial to them.
Kitahara slightly leaned towards Takanashi, then looked at Utsunomiya, and continued to refute the cross-examination opinions, "In response to the cross-examination opinions of the defendant just now, the plaintiff responded as follows. In the so-called 'contact materiality' rule, the 'contact' required does not refer to proof.
Actual contact occurred. Rather, only the possibility of contact needs to be proven.”
“In other words, the second set of evidence just presented by the plaintiff only needs to prove that the defendant Fujimura has the possibility of having access to the works edited by the plaintiff, that is, it completes the standard of proof of contact.”
"According to the word document in the first set of evidence submitted by the plaintiff, Xiachuan had completed the proofreading of the third draft of "The Journey to the East" two and a half years ago. At that time, "The Journey to the East" had been declared
The project was successfully established, and the defendant Fujimura Yoshiyo served as the project host and was responsible for the project coordination. Based on the evidence just presented by the plaintiff, Fujimura had sent text messages to the plaintiff to inquire about the progress of the school."
Kitahara turned around and looked at the crowd in the auditorium, "Imagine this. As the host of a scientific research project, he once sent a text message to the plaintiff to inquire about the progress of the school review. But it is impossible to confirm the progress of the school review without doing so in person.
After seeing the results of the calibration, the progress will be confirmed.”
"In other words, it is impossible for Fujimura, as the project leader, not to continue to track the results of the plaintiff Shimokawa's special education. Therefore, Fujimura's status in the research group has been determined, and he has the possibility of access to the results of the plaintiff Shimokawa's special education. The plaintiff
Chapter completed!