Electronic Evidence Submission Guidelines and Authenticity Determination Rules

📅 2026-06-18 📂 Litigation Litigation 🏷️ #Arbitration Practice #Court Procedures #Evidence Rules #Litigation Guide

Authenticity determination of electronic evidence is a core challenge in judicial practice. Courts must comprehensively assess the integrity of hardware and software systems involved in generating, storing, and transmitting electronic data, as well as whether the data has been properly preserved.

电子证据举证指引与真实性认定规则

When submitting electronic evidence, parties should preserve the original medium. For WeChat chat records, it is best to provide the original phone and demonstrate the login process on site. Screenshots alone may face authenticity challenges if the opposing party disputes them.

电子证据举证指引与真实性认定规则

Preservation measures are crucial for the admissibility of electronic evidence. Parties should apply for court-ordered preservation or notarized preservation of key electronic evidence before or during litigation.

For electronic contracts, the party claiming contract formation should submit the complete electronic contract text and the digital signature certificate. Digital signatures certified by third-party certification providers serve as preliminary evidence of authenticity.

The rules for determining the original form of electronic evidence have their own particularities. Copies consistent with the original made by the producer of the electronic data, or printouts or other displayable and identifiable output media directly derived from the electronic data, are considered the original of the electronic data. Therefore, a paper version of electronic evidence printed from the original data can be recognized as the original during court review.

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