Chapter 83 Evidence Raid
New...new evidence needs to be added?! And it also proves that the driving behavior of the person involved, Terai, is abnormal?!
Miyagawa was a little confused for a moment, how could they violate the Civil Procedure Law so blatantly. The other party conducted a defense raid during the last court hearing, but now, they directly conducted an evidence raid.
【Evidence Raid】
[The so-called evidence raid means that the lawyer does not submit evidence within the evidence period specified by the court, but does not submit evidence until the court session, thus forming a raid on the other party. However, evidence raid itself is risky. That is, the court has
This evidence may be rejected. However, in practice, since a large amount of raided evidence is important evidence related to the case, the court will include it in the evidence and cross-examination process even if the evidence period exceeds. Therefore, the evidence
Although raids are prohibited by the Civil Procedure Law, this phenomenon has still not been stopped in practice]
"Objection...objection." Miyagawa stood up directly and said with a somewhat anxious look, "Chief referee. This is an evidence raid and has exceeded the period of proof."
Judge Kumagai sat in the middle of the trial bench. He ignored Miyagawa's objections and turned to look at Imanishi. For a judge with rich court experience, they care more about these procedural details than
The efficiency of judicial procedures allows a case to be fully heard as soon as possible, rather than worrying about whether an evidence is presented within the evidentiary period.
"Is the newly submitted evidence complicated?" Judge Kumagai asked, looking at Imanishi.
"It's not complicated, it's just a form."
"Okay. This court agrees to submit." Judge Kumagai nodded and turned slightly to the female lawyer who stood up at the plaintiff's seat. "You guys should prepare. If you are unable to express your cross-examination opinions on the spot, you can add written opinions after the court.
.Issues raised during the proof period do not need to be raised again.”
Miyagawa opened his mouth slightly, and had no choice but to give up when he saw the referee's appearance. However, the little girl's temper was suddenly aroused, she puffed her mouth, and sat down reluctantly, expressing her protest to the referee.
Imanishi then handed the form in his hand to the magistrate at the trial bench, and at the same time passed a backup form to the plaintiff's bench through the clerk.
But I saw that the form was covered with dense numbers, dates and times.
It's like a ball of wool being cut into countless fine pieces and sprinkled directly on the paper.
At first glance, he seemed completely clueless. He didn’t know where to start or what the defendant’s lawyer was trying to explain.
Holding the form in his hand, Imanishi stood next to the defendant's dock and said: "This form is a call record of Terai's phone that I submitted to the court."
Pass... call record?!
Why did his father submit a call record?! Miyagawa was confused for a moment.
But in an instant, a possible answer emerged in my mind.
Just now, my father said that this evidence is related to Terai's abnormal driving behavior. Could it be... Could it be?!
When he thought of this possibility, Miyagawa's expression suddenly became a little stiff, and the heroic spirit exuding between his eyebrows immediately withered away like a withered little flower.
Imanishi held up the form in his hand, straightened his chest, and looked like an officer waving an offensive flag, and said: "We inquired with the Telecommunications Service Agency and retrieved Terai's call records. Terai's traffic accident occurred that day.
At about 3:30 in the afternoon. And the referee, please see the sixth line of this call record. Here is a call record of Terai."
"This call record shows that the plaintiff Terai answered a call in the afternoon of that day. The call was received at 15:18 pm and lasted until about 15:31. The end of the call coincided with the time of the traffic accident."
"The plaintiff Terai entered the expressway at about 14:55. In other words, this call record clearly shows the fact that the plaintiff Terai actually answered the phone while driving on the expressway. Such actions are
A serious violation of traffic laws. In this way, it is not difficult for us to understand why the behavior of the plaintiff Terai in this case is abnormal."
Imanishi took a step forward and raised his voice: "The reason why the plaintiff did not change lanes in advance in the face of more than six times the safe braking distance. The fundamental reason is that the plaintiff Terai answered the phone and neglected to observe the road while driving.
Conditions, resulting in an accident that damaged the vehicle. Therefore, the main liability in this case lies with the plaintiff himself!"
After finishing his argument, Imanishi sat back in the dock and looked forward with great spirits. After many years, he once again regained the feeling of being a litigator.
After listening to these words, the atmosphere in the courtroom has completely changed at this time. In the auditorium, there was still some solemn atmosphere due to the video of the driving recorder, but now it has been completely eliminated by this call record sheet. Auditor
There were also some retired citizens at the table. At this time, they all showed contempt for the plaintiff's lawyer, and some of them even took a heavy sip.
Miyagawa felt the unfriendly eyes from the auditorium behind him. At this time, Terai's image in front of the judge must have been completely ruined. Now in front of the evidence presented by his father, Terai has been unknowingly rendered into a mobile phone user.
, people who do not respect traffic laws.
Recalling the previous communication with Terai, Terai didn't tell her at all that he was on the phone in the car. It would be...if she had asked more questions.
But...how can I refute my father?
I'm still... it's still useless. Why didn't I think of investigating whether my client violated traffic laws beforehand?
Miyagawa instantly remembered the traffic accident liability certificate in this case. This liability certificate stated that Terai was fully responsible for the accident, although the liability certificate did not mention that Terai made any phone calls.
However, since the traffic police have issued a certificate of liability for the accident, it means that Terai's own driving behavior must be problematic to some extent.
Why didn't I think in advance that my father might take advantage of this to make a big fuss?
If only I could think of this.
Now...now I won't be so passive.
Miyagawa felt more and more self-blame, felt a little hot on his cheeks, and unconsciously buried his head lower and lower.
"Miyagawa."
A familiar male voice sounded softly in my ears.
"Keep your head up."
The voice ordered. But I saw the somewhat handsome man beside me, with his hands clasped and his eyes calmly staring ahead, like a captain standing on the bow of the ship facing the violent storm, with no look of fear on his face. That
This resolute look conveys a reassuring feeling.
"No matter when, even if you are forced into a blind corner by your opponent, you cannot lower your head."
Chapter completed!