Contributed By Pérez-Llorca
For evidence to be admissible it must be relevant and relate to the subject of the proceedings. Therefore the criteria the court uses is whether the evidence submitted contributes to clarifying the facts that are deemed as controversial.
Evidence shall be presented within the time period granted by the SCPA. In this sense, the SCPA distinguish between documents and other forms of evidence.
For instance, to ensure that evidence is admissible, all documents used by the parties to support their claim or defence shall be provided together with the claim or the statement of defence. In the pre-trial hearing, new documents can be submitted as long as the parties became aware of its existence after filing the claim and the response to the claim or the documents are dated subsequent to such filing.
On the other hand, any evidence regarding witness or expert testimonies can be introduced at the pre-trial hearing.