Meta Description: Understanding evidence requirements for foreign plaintiffs in Chinese courts, including notarization, legalization, and documentation standards.
Evidence preparation is one of the most underestimated challenges for foreign plaintiffs litigating in China.
Chinese courts rely heavily on documentary evidence, and procedural compliance is strictly enforced.
1. Notarization and Legalization of Foreign Evidence
Evidence generated outside China—such as contracts, emails, invoices, and corporate documents—may require notarization and legalization to be admissible.
This process typically involves:
- Notarization in the country where the document was created
- Authentication by the relevant government authority
- Legalization by the Chinese embassy or consulate
Failure to complete these steps can render critical evidence unusable.
2. Originals Matter
Chinese courts place significant weight on original documents.
Relying solely on scanned copies or screenshots can weaken a case unless properly supported.
Key considerations:
- Original contracts should be preserved
- Payment records should include bank stamps or official confirmations
- Communication records should be properly authenticated
3. Electronic Evidence
Electronic evidence, including emails and messaging records, is increasingly accepted but must meet authenticity standards.
Requirements include:
- Proper preservation of data
- Clear explanation of data sources
- Authentication where necessary
WeChat records, emails, and other electronic communications can be powerful evidence—but only if properly prepared.
4. Burden of Proof
Unlike common law systems, Chinese litigation provides limited discovery.
Each party bears the burden of proving its own claims. This makes early evidence planning indispensable.
Key differences from common law systems:
- No broad discovery process
- Limited ability to compel document production
- Heavy reliance on documentary evidence
5. Practical Advice for Foreign Plaintiffs
Foreign parties should:
- Collect and organize evidence early
- Preserve originals where possible
- Consult PRC counsel before submitting documents
- Budget time and cost for notarization/legalization
Strong evidence preparation often determines the outcome of the case.
Call to Action:
If you are considering legal action against a Chinese company or individual, early legal assessment can significantly affect the outcome.