Tokyo Barrister: Start the law firm bankruptcy

Chapter 84 Evidence Raid
New... New evidence to be added? !And it proves that Terai's driving behavior is abnormal? !
Miyagawa was stunned for a moment, how could they violate the "Civil Procedure Law" so blatantly.During the last trial, the other party conducted a plea raid, but now, they directly conducted an evidence raid.

【Evidence Raid】

[The so-called evidence raid refers to the fact that the lawyer does not submit evidence within the time limit for producing evidence stipulated by the court, but submits evidence only when the court is open, thus forming a surprise attack on the other party.However, evidence raids are inherently risky.That is to say, the court may not accept the evidence.However, in practice, since a large amount of raid evidence is important evidence related to the case, even if it exceeds the period of proof, the court will include it in the link of proof and cross-examination.Therefore, although evidence raiding is prohibited by the Civil Procedure Law, it still fails to stop this phenomenon in practice]

"Against...against." Miyagawa stood up directly, and said anxiously, "Chief referee. This is an evidence raid, and the proof period has already passed."

Judge Kumagai sat in the middle of the trial bench, ignored Miyagawa's objection, and turned to look at Imanishi.For a judge with rich trial experience, they care more about the efficiency of the judicial process than about these procedural details, so that a case can be fully heard as soon as possible, rather than worrying about whether a piece of evidence is presented within the period of proof.

"Is the evidence you newly submitted complicated?" Judge Kumagai asked, looking at Imanishi.

"It's not complicated, it's just a form."

"Okay. This court agrees to submit it." Judge Kumagai nodded, and turned slightly to the female lawyer who stood up in the plaintiff's seat, "Get ready. If you can't express your cross-examination opinion on the spot, you can add a written opinion after the court .There is no need to bring up the issues during the proof-making period.”

Miyagawa opened his mouth slightly, seeing the head referee's appearance, he had no choice but to give up, but the little girl's temper suddenly flared up, puffed her mouth, and sat down with some reluctance, as a protest to the referee.

Imam then passed the form in his hand to the magistrate on the trial bench, and at the same time passed a backup form to the plaintiff's seat through the clerk.

But I saw that the form was covered with dense numbers, dates and times.

It was like a ball of wool was cut into countless fine pieces and sprinkled directly on the paper.

At first glance, he seemed clueless, not knowing where to start, and not knowing what the defendant's lawyer was trying to explain.

Holding the form in his hand, Imam stood next to the dock and said, "This form is a call record about Terai's phone that I submitted to the court."

Pass... call log? !

Why is the father submitting a call transcript? !Miyagawa was puzzled for a moment.

But in an instant, a possible answer emerged in my mind.

Just now, my father said that this evidence was related to Terai's abnormal driving behavior. Could it be... Could it be? !

Thinking of this possibility, Miyagawa's expression suddenly became a little stiff, and the heroic spirit emanating from his brows, like a withered flower, withered away immediately.

Imam held up the form in his hand, straightened his chest, and looked like an officer waving an offensive flag, and said: "We checked with the Telecom Service Office and obtained Terai's call records. Terai's traffic accident happened that day. At around 03:30 in the afternoon. And the referee, please see the sixth line of this call log. Here is a call log of Terai. "

"This call record shows that the plaintiff, Terai, answered a call in the afternoon of the same day. The time of answering was 15:18 in the afternoon, and it was held until around 15:31. The end of the call time coincided with the time of the traffic accident."

"Plaintiff Terai entered the expressway at about 14:55. That is to say, this call log clearly shows a fact: the plaintiff Terai actually answered the phone while driving on the expressway. Such actions belong to A serious violation of traffic regulations. In this way, it is not difficult for us to understand why there are abnormalities in the behavior of the plaintiff Terai driving a car in this case."

Imanishi took a step forward and raised his voice: "The reason why the plaintiff did not change lanes ahead of time was more than six times the safe braking distance. The fundamental reason is that the plaintiff Terai was negligent in observing the road while answering the phone. The accident caused the damage to the vehicle. Therefore, the main responsibility in this case lies with the plaintiff himself!"

After finishing his discussion, Imanishi sat back on the dock, looking forward with some high spirits.After many years, he once again regained the feeling of a litigator.

After hearing these words, the atmosphere in the courtroom has completely changed at this time.Just now in the auditorium, there was a dignified atmosphere because of the video of the driving recorder, but now it has been completely wiped out by this call log.There were also some retired citizens in the auditorium. At this time, they all showed contempt for the plaintiff's lawyer, and some of them clicked their tongues heavily.

Miyagawa felt the unfriendly eyes from the audience seats behind him.Now, Terai's image in front of the judge must be completely over.Now, in front of the evidence presented by his father, Terai has unconsciously been portrayed as a person who uses a mobile phone and does not respect traffic laws.

Recalling the time when he communicated with Terai before, Terai didn't tell her at all, when he was on the phone in the car.If only... if only I could ask more.

But... But how should I refute my father.

I'm still... still useless.Why didn't I think about investigating whether my client violated traffic regulations beforehand.

In an instant, Miyagawa remembered the certificate of responsibility for the traffic accident in this case.This statement of responsibility determined that Terai was fully responsible for the accident, although it did not mention that Terai made a phone call in this statement of responsibility.

However, since the traffic police had already issued a certificate of responsibility for the accident, it meant that Terai's own driving behavior must have more or less problems.

Why didn't I think in advance that my father might use this to make a big fuss.

If you can think of this yourself.

Now... now it won't be so passive.

Miyagawa felt more and more self-blaming, felt a little hot on his cheeks, and buried his head lower and lower unconsciously.

"Miyagawa."

A familiar male voice rang softly beside my ears.

"Head up."

the voice commanded.But he saw this somewhat handsome man beside him, clasped his hands, and stared at the front calmly, like a captain standing on the bow of a ship facing the storm, with no fear on his face.That resolute look conveyed a feeling of reassurance.

"At any time, even if you are cornered by your opponent, you cannot lower your head."

Beiyuan turned his head, with a sneer on the corner of his mouth, "Miyagawa, today I will teach you how to deal with surprise raids on evidence."

(End of this chapter)