Effects of Evidence Arising from Party Agreements on Judicial Proceedings and Court Judgments

Abstract

In every legal system, specific principles and rules regarding evidentiary proof are established to facilitate adjudication and uncover the truth, most of which are formulated based on the religious beliefs and economic policies adopted by each country. Whoever claims a right must prove it, and whenever the defendant, in the course of defense, asserts a matter that requires evidence, the burden of proving that matter lies upon them. Evidence in civil procedure refers to the collection of instruments used to prove a claim before judicial authorities. Whoever claims a right must prove it, and whenever the defendant, in the course of defense, asserts a matter requiring proof, the burden of establishing that matter rests with them. Consequently, in civil matters, the parties to a dispute may agree that a claim which is, by law, provable only through documentary evidence may instead be proven through witness testimony. A modification of evidentiary rules arising from party agreement affects the judicial proceedings and the issuance of the court’s judgment, and it alters the outcome of the judgment.