You must prove that your claim is well founded. Therefore, you have a right and an obligation to submit evidence to the court.

In deciding your case, the court must examine the observations, arguments and evidence presented by both parties. However, the court does not have to accept all the evidence you have submitted. Before accepting your evidence, the court will assess whether the evidence you have presented relates to the issues discussed in your case.

Types of evidence

There are many types of evidence you can use: written documents, video, audio and other data files, witness statements, the statements of an expert or competent institution, and material evidence. In Slovenia you must submit each type of evidence in a timely manner and according to the procedure prescribed by the Contentious Civil Procedure Act.

[example] If you are submitting a a document in another language, it must be accompanied by a certified translation.

Witnesses

You can ask the court to invite a witness to give a statement to the court. Witnesses must testify only about circumstances or facts that are relevant to your case. The court does not have to invite all the witnesses you have proposed, but if the court refuses to call your witness, it must give sufficient reasons for such refusal.

Permissible evidence

According to Slovenian law, all evidence submitted to the court must be lawfully obtained. If certain evidence has been obtained in violation of your rights (such as the right to private life or secrecy of correspondence), it does not automatically make the proceedings unfair. The court must assess the impact of such a violation on your rights and the trial as a whole.

The court cannot accept evidence obtained as a result of torture or inhumane treatment (for example, by using physical violence or other grave forms of coercion) in any case.

How to complain

You cannot appeal a refusal to accept evidence separately, but if you consider that such a decision has been unlawful, you must include this in your appeal to a higher court.

Resources

Last updated 22/09/2021