CHINA Law and Practice Contributed by: Qingyou Wang, Yichen Lu, Chao Tang and Yuhe Gu, Anli Partners
Third parties have the right to present evidence, make statements, and, if their interests are affected, appeal the judgment. 4.5 Applications for Security for Defendant’s Costs The general principle in Chinese litigation states that a defendant cannot request security for costs from a plaintiff. 4.6 Costs of Interim Applications/Motions Applicants are generally responsible for the costs of interim applications at the outset. The court may later allocate these costs based on the outcome of the case. If an interim measure is granted but subsequently deemed unnecessary or abusive, the applicant may be ordered to compensate the other party for any resulting losses. 4.7 Application/Motion Timeframe The processing time for applications depends on their Non-urgent applications may take weeks or even months for a ruling. However, for clearly urgent mat- ters, such as pre-action asset preservation, the Civil Procedure Law imposes a strict 48-hour deadline for the court to issue a ruling. Requesting Expedited Handling A party can request priority processing by demon- strating compelling reasons for the urgency, such as an imminent risk of asset transfer or irreparable harm. nature, complexity and urgency. Standard vs Urgent Processing
od. The court often organises a pre-trial exchange of evidence, allowing both sides to review each other’s evidence. Court-Assisted Evidence Collection A party may petition the court to collect evidence it cannot obtain independently. The court will grant such a request if it deems the evidence material to the case and the applicant’s inability to collect it is justified. 5.2 Discovery and Third Parties Courts may require third parties to produce evidence relevant to the dispute, such as records held by banks, employers, or administrative agencies. The request- ing party must demonstrate that it cannot reasonably collect the evidence itself. 5.3 Discovery in This Jurisdiction Evidence disclosure in China is limited to materi- als that parties intend to rely upon. Courts generally require both parties to exchange evidence before trial within court-set deadlines. Late submission of evidence may be rejected unless justified by exceptional circumstances. Sensitive information, such as trade secrets or personal data, can be submitted under seal with confidentiality pro- tection approved by the court. 5.4 Alternatives to Discovery Mechanisms In the absence of a common-law-style discovery pro- cess, evidence in Chinese civil litigation is developed mainly through: • party submission of documents and witness state- ments; • court-led investigations and verifications; and • judicial evidence preservation or expert evaluation. Documentary evidence remains the most persuasive form, particularly in commercial cases. The court plays an active role in determining what evidence is necessary and admissible. 5.5 Legal Privilege China does not formally recognise the attorney–client privilege as in common law jurisdictions. Neverthe- less, lawyers are under a statutory duty of confidenti-
5. Discovery 5.1 Discovery and Civil Cases
China does not operate a common-law-style discov- ery process. Each party bears the burden of producing evidence supporting its own claims or defences. Evidence Submission and Exchange The burden of proof rests on the parties, who must submit their evidence within a court-designated peri-
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