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145 Report

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By Anonymous writer - Glossary

Article 145 of the Code on Civil Procedure provides that ‘before any proceeding, if there is a just cause to retain or establish evidence of facts upon which the resolution or outcome of a case could hinge, lawfully admissible investigatory measures can be prescribed by any interested party or on an ex parte basis.’

This procedure allows all parties who are not in a capacity to themselves establish proof of the facts – such as acts of unfair competition, infringement or harassment attributable to an adverse party – to seek a judge to assign a court-ordered bailiff to enter the facilities or home of the adversary and seize all documents allowing for the alleged facts to be ascertained.

In order to use and invoke this procedure, no other proceedings based on the same facts must have been brought. Additionally, the party seeking this order must justify it by demonstrating:

  • That the situation and facts of the underlying case are credible;
  • That there is proportionality, i.e. the measures being sought do not unjustifiably infringe upon the right to private life or trade secrets;
  • That there is a need for an ex parte measure in order to ensure that the seizure is a surprise therefore preventing the risk of the evidence disappearing or being destroyed.

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