Preservation of evidence

Preservation of evidence is the advance collection of evidence to be relied upon in pending or future litigation, against the danger that it may be lost or become impossible to examine in due course. It secures evidence whose examination stage has not yet arrived.

A legal interest is required, which the statute presumes where the evidence may disappear or become substantially harder to invoke. Before an action is filed, the request goes to the court where the evidence is located; judicial inspection, expert examination and the hearing of witnesses may all be the subject of preservation.

Recording building damage, defective workmanship, the condition of leased premises before handover and the traces of traffic accidents are typical applications. The preservation file is treated as an annex to the subsequent case, and the opponent is served with the results and given the chance to object. Acting quickly before the evidence degrades is the essence of the protection offered.