Civil Procedure Law and Evidence
What the exam tests
Civil Procedure and Evidence tests jurisdiction, parties, evidence, proof burden, trial and appellate procedure, retrial, and enforcement. The exam favours concrete procedural questions: which court, which party bears proof, and which remedy is available.
Core rules
- Territorial jurisdiction is generally the defendant's domicile; contract disputes may also be brought at the place of performance. Agreement jurisdiction must be clear and choose a court with actual connection (defendant or plaintiff domicile, contract performance or formation, subject-matter location, and similar factors).
- The plaintiff must have a direct interest, a definite defendant, specific claims and facts, and fall within court jurisdiction.
- Evidence types include documentary, physical, audio-visual, electronic data, witness, appraisal, inspection, and parties' statements. The party asserting a fact generally bears the burden of proof.
- First instance may be ordinary or summary; second instance reviews the judgment on law and fact. Retrial is exceptional.
- The court may not apply the limitation period defence on its own motion.
Worked example
A Shenzhen buyer contracts with a Guangzhou seller for delivery at Shenzhen Port; payment is due after delivery. The seller fails to deliver. The buyer sues in Shenzhen. Is jurisdiction proper? The general rule points to the defendant's domicile in Guangzhou. But a contract dispute may be heard at the place of performance. If the agreed place of delivery is Shenzhen Port, Shenzhen is the place of performance, so the Shenzhen court has jurisdiction. If the contract had chosen the court at the place of signing but the signing place was not specified, the clause is unclear and may be invalid. Reasoning must identify the connecting factor, not the plaintiff's convenience.
Traps
Do not confuse criminal and civil procedure. Do not say the court must apply limitation. Do not treat electronic data as automatically inadmissible. Do not ignore the difference between jurisdiction and venue. Do not assume an agreement jurisdiction clause is valid merely because it is in writing; check clarity and connection. Do not forget that the burden can shift under special rules.