Evidentiary proceedings are the core of civil proceedings. Here,
the parties substantiate their procedural position and prove the
facts alleged in their pleadings. Evidentiary proceedings thus
contribute to the determination of the facts forming the basis of
the judicial decision. The extent of the parties' contribution
depends on their respective roles in the proceedings and the
distribution of the burden of proof.
Documents are considered very strong evidence with a high degree
of reliability. These can include electronic documents and written
digital products, such as e-mails, chat histories and transaction
data on a blockchain, provided they are prepared in writing and the
court can assess them directly. However, sometimes documents are
not in the possession of the party wishing to rely on them, but are
held by the opposing or a third party.
