Article 73. Presentation of evidence of the Civil Procedure Code of the Republic of Kazakhstan

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1. Evidence is presented by the parties and other persons involved in the case to the court of first instance when accepting a claim with the preparation of a pre-trial protocol, which reflects the actions of the parties and other persons involved in the case to disclose, present and exchange evidence that they intend to refer to as the basis of their claims or objections and which they intend to use it in the case of a court case.

Evidence may be presented at the trial stage if the impossibility of presenting it at the stage of preparing the case for trial is justified by the persons who presented it.

In the case provided for in the second part of Article 404 of this Code, evidence may be submitted to the court of appeal.

Failure to provide the evidence available to the parties to the court precludes the possibility of presenting this evidence to the court of appeal and cassation instances.

2. The circumstances relevant for the proper resolution of the case shall be determined by the court on the basis of the claims and objections of the parties and other persons participating in the case, taking into account the applicable rules of substantive and procedural law. A person has the right to refer only to the evidence that was disclosed and reflected in the pre-trial protocol during the preparation of the case for trial or during the trial, in the cases established by the first part of this article.

3. The court has the right to invite the parties and other persons involved in the case to provide additional evidence necessary for the proper resolution of the case.

4. In the event that the presentation of evidence is difficult for the parties and other persons involved in the case, the court of first instance, at their request, assists them in obtaining evidence.

A request for assistance in obtaining the evidence required by the party, which is not satisfied by the court of first instance, may be filed before the court of appeal in an appeal or court session.

5. The request for assistance in obtaining evidence must specify the evidence, as well as what circumstances relevant to the case can be established or refuted by this evidence, the reasons preventing independent obtaining of evidence, and its location.

6. If necessary, the court issues a request to the person involved in the case to obtain evidence. The person who holds the evidence demanded by the court sends it directly to the court or hands it over to the person who has the relevant court request to present the evidence to the court. Evidence on corporate disputes should be requested only by the court and sent directly to the court.

7. If the court fails to inform the court of the reasons for the failure to provide the requested evidence, as well as the failure to provide evidence within the time limit set by the court for reasons deemed disrespectful by the court, the guilty officials or other persons not participating in the case are subject to administrative penalties in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses according to the rules established by Chapter 9 of this Code.

8. The imposition of an administrative penalty does not release the person in possession of the evidence demanded by the court from the obligation to present it to the court. In case of malicious non-fulfillment of the court's requirement, these persons are criminally liable.

9. If a party retains the evidence required by the court and does not submit it at the request of the court within the time limit set by the court, it is assumed that the information contained therein is directed against the interests of this party and is considered recognized by it.

10. The parties to the arbitration proceedings, with the consent of the arbitral tribunal, may apply to the court with a request for assistance in obtaining evidence, which is considered in accordance with paragraph one of part four of this article.

President

Republic of Kazakhstan

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