Meaning
A formal procedure conducted by a public notary to secure and document transient evidence before it can be altered or destroyed is a critical step in Chinese civil litigation. This evidence preservation notarization is used to capture online infringement, manufacturing operations, or defective products. The resulting notary certificate enjoys a high presumption of authenticity in Chinese courts.
Legal Admissibility
Judges in civil proceedings routinely accept notarized evidence without requiring further authentication. This status arises because the notary acts as an independent officer. Counterparties face a high burden of proof to challenge the document.
Procedural Step
Initiating this process requires the applicant to submit a formal request to a local notary office. The notary then accompanies the applicant to the location of the evidence or monitors the online purchase of infringing goods. Every step is documented in a detailed report accompanied by photographs or video recordings.
Technical Security
Modern applications require strict control over the digital environment to prevent manipulation of evidence. Notaries use secure terminals, clean operating systems, and timestamping services to record online evidence. This precaution ensures that the collected data remains free from contamination during the capture process and cannot be disputed in court.
