Re:"Jeff Bezos and Amazon tried to imprison my husband"
by A_D_E_P_T on Saturday August 10, 2024 @05:29PM
(#41212357)
Both sides bring their evidence and the matter is adjudicated on that basis. As for depositions: The court can and does question witnesses as it sees fit.
There may be an element of surprise for one side, but tremendous delays and expenses are averted.
Having experienced both civil justice systems, let me put it like this: I never want anything to do with the American courts; there's no winning and no justice. I'd never sue anybody in a US court, and I'd hate to be sued -- whether I'm right or wrong, even if I've been robbed, it makes no difference.
I'd gladly defend myself in a Chinese court, though, and I'd not hesitate to bring a case if I was cheated.
I know it's weird, but that's the situation.
Re:"Jeff Bezos and Amazon tried to imprison my husband"
by gruez on Saturday August 10, 2024 @06:04PM
(#41212578)
>Both sides bring their evidence and the matter is adjudicated on that basis. As for depositions: The court can and does question witnesses as it sees fit.
That doesn't really fix the issue of the plaintiff holding exculpatory evidence (or defendant holding incriminating evidence) but not presenting them at trial.
The purpose of discovery is to turn up evidence relevant to the trial. That seems... pretty important. The Chinese approach might be faster, but with less evidence before the court, you're arguably making justice worse in the process, by preventing all evidence from being shown to the courts.