Collecting and Properly Presenting Evidence
What types of evidence exist, how documents become exhibits (K1/B1), and why every disputed assertion requires proof.
In court, the rule is: The party making an assertion must prove it in the event of a dispute. What the opposing party does not dispute, you do not need to prove – what is disputed, however, will fail without proof (referred to as Beweisfälligkeit or failure to meet the burden of proof). In the evidence manager of the cockpit, you assign a piece of evidence to every important assertion.
The Five Means of Proof (Germany)
The law recognizes a fixed catalog (strict proof, Strengbeweis, §§ 355 et seq. ZPO (German Code of Civil Procedure)):
- Document (Urkunde) – written documents such as a contract, invoice, email, bank statement.
- Witness (Zeuge) – a person who has perceived something (you need their name and a summonable address).
- Expert (Sachverständige(r)) – expert opinion, e.g., regarding damage.
- Inspection (Augenschein) – the court examines an object itself (photo, object, location).
- Examination of a party (Parteivernehmung) – the formal examination of a party to the lawsuit.
Documents Become Exhibits
Only documents receive an exhibit number. On the plaintiff's side, they are called K1, K2 …, on the defendant's side B1, B2 …. The evidence manager assigns these numbers automatically and transfers them into your pleading – both as an offer of proof behind the assertion and in the list of exhibits at the end. Witnesses and expert opinions are offers of proof without an exhibit.
How to Use the Evidence Manager
- Select the means of proof (document, witness …) and describe it.
- State the assertion that it supports.
- You can link a document to an uploaded document.
When drafting a pleading, the AI uses exactly these means of proof – it does not invent any additional exhibits.
This is general guidance, not legal advice. Which evidence is sufficient depends on the individual case – in case of doubt, a lawyer can help.
Related topics: Drafting, reviewing, and finalizing a pleading · Detected facts (persons, dates, amounts, deadlines) · How do I submit my pleading myself? · When to Choose a Lawyer Over AI?
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