1. Introduction

Overdue evidence refers to evidence that is submitted after the deadline set by the court. In some cases, parties may argue that there are valid reasons for the delay in submitting the evidence. This article aims to discuss situations where the reasons for overdue evidence are deemed groundless and provide examples to support these arguments.

2. Lack of diligence

One common reason for overdue evidence is the lack of diligence on the part of the party. Courts expect parties to exercise due diligence in gathering and submitting evidence in a timely manner. Failure to do so may result in the rejection of the evidence. For example, if a party claims that they were unable to submit the evidence due to a last-minute discovery, the court may consider this lack of diligence and reject the evidence.

3. Willful delay

In some cases, a party may intentionally delay the submission of evidence to gain an unfair advantage. Willful delay can be grounds for rejection of the evidence. For instance, if a party purposely withholds crucial evidence until the last moment to surprise the opposing party, the court may deem the reason for overdue evidence as baseless and reject it.

4. Failure to comply with procedural requirements

Courts have specific procedural requirements for submitting evidence, including deadlines and formats. Parties must adhere to these requirements to ensure a fair and efficient judicial process. If a party fails to comply with these procedural requirements and attempts to submit evidence beyond the deadline, the court may reject the evidence. This lies even if there are valid reasons for the delay. For example, if a party fails to file the evidence in the prescribed format, the court may reject it.

5. Prejudice to the opposing party

Courts consider the potential prejudice caused to the opposing party when deciding on the acceptance of overdue evidence. If the late submission of evidence unfairly prejudices the opposing party's ability to respond or present their case, the court may reject the evidence. This is to ensure a fair and balanced adjudication process.

6. Case examples

To exemplify the rejection of overdue evidence, let us consider a hypothetical case. Party A was required to submit expert testimony to support their claim, but they fail to do so within the specified deadline. Party A argues that the expert experienced unforeseen circumstances that caused the delay. However, as the court finds that Party A had sufficient time to engage an alternative expert or request an extension but failed to do so, the excuse is deemed unconvincing, and the evidence is rejected.

In another case, Party B claims that crucial evidence was accidentally omitted from their submission due to a clerical error. However, the court determines that Party B had ample opportunity to review and rectify any errors before the deadline and rejects the evidence.

Conclusion

When it comes to overdue evidence, courts emphasize the importance of diligence, adherence to procedural requirements, and the prevention of prejudice to the opposing party. Valid reasons for late submission may be considered, but they must demonstrate a genuine inability to comply with the court's deadlines. By upholding strict standards for overdue evidence, courts ensure fairness in the legal process and encourage parties to meet their obligations in a timely manner.

该理由不能成立。最高人民法院《关于适用〈中华人民共和国民事诉讼法〉的解释》第一百零二条第一款、第二款规定:“当事人因故意或者重大过失逾期提供的证据。

但某未出庭提供证据的理由系“不晓得法庭位置、认为债务明确会判给公司”，这并不是客观原因，因此，该逾期提供证据的理由不成立。

《民诉法司法解释》第一百零二条:“当事人因故意或者重大过失逾期提供的证据，人民法院不予采纳”之规定，法院经过审查，认定逾期提交证据的理由不成立，逾期举证属于当事人故意或者重大过失的。

当事人逾期提供证据的，人民法院应当责令其说明理由；拒不说明理由或者理由不成立的，人民法院根据不同情形可以不予采纳该证据。当事人逾期提供证据的，人民法院应当责令其说明理由；拒不说明理由或者理由不成立的质证，人民法院根据不同情形可以不予采纳该证据，或者采纳该证据但予以训诫、罚款。

从上述规定可知，应当根据当事人逾期提供证据的主观过错程度，使用不同的责任和后果:对于当事人故意或者重大过失逾期举证提供的证据。

劳动争议案件中当事人举证逾期的，仲裁委员会应当责令其说明理由； 当事人拒不说明理由或者理由不成立的，仲裁委员会可以根据不同情形不予采纳该证据，或者采纳该证据但予以训诫。