Preservation of Evidence Obtained Through Fact-Finding

Introduction and Service Overview

The success of any court dispute relies entirely on evidence. When the National Bureau of Enforcement or a private execution officer carries out the constatation of facts (documenting circumstances on-site), highly important legal material is created—photos, video recordings, audio files, and written protocols. However, obtaining this material is only half the job; the second, equally important challenge is its secure, long-term, and legally reliable preservation. If evidence is lost, damaged (e.g., deleted from a disk), or if suspicion arises that someone has altered (edited) it, its value in court becomes zero. To prevent these risks, the service for the preservation of evidence obtained through fact-finding exists. This is a special service of the National Bureau of Enforcement that ensures the obtained physical or electronic evidence is stored in a secure archive for a period determined by law.

This service provides the client (applicant) with a 100% guarantee that even years later, when the court dispute reaches the highest instance, the evidence will be presented in its original, authentic form. Material stored in a state repository eliminates any attempt at forgery and inspires full confidence in judges.

What the Evidence Preservation Service Covers

The evidence preservation service is a process of complex archiving and legal protection. After the execution officer completes the fact-finding on-site, the generated material (photo/video files, samples taken from objects, written acts) is sealed. The service includes placing this sealed package into the secure repository (archive) of the National Bureau of Enforcement, where appropriate climatic and security conditions are ensured (fire protection systems, restricted access).

In the case of electronic evidence (for example, when fixing content on the internet), files are uploaded to the bureau's secure, cryptographically encrypted servers. This service covers the storage of evidence for at least the period necessary to fully complete the court dispute (often up to 3 years, though extension is possible). Furthermore, the service provides for the issuance of official, certified copies of the evidence upon the request of the applicant or the court. The issuance of every copy is recorded in a special log, which once again underscores the transparency of the process.

Common Situations and Practical Examples

In practice, the evidence preservation service is critical during construction disputes. For example, a company started construction that caused damage to a neighboring building. The victim called an execution officer, who documented the cracks and took hundreds of photos. Since the court dispute for damages lasted 4 years, the victim could have easily lost a flash drive or a disk. However, thanks to the original materials preserved at the enforcement bureau, 4 years later the court retrieved the sealed disk, viewed the authentic photos, and satisfied the claim.

Another example involves digital evidence and copyrights. A competing company illegally posted someone else's intellectual property on its website. The execution officer documented this fact and recorded it on the server. The next day, the competitor deleted the content from the website and claimed in court that the photos were doctored. The cryptographically protected file stored at the enforcement bureau, which verified the website's date and exact time, invalidated the opponent's argument and confirmed the fact of plagiarism.

The Georgian Legal Framework

In Georgia, the preservation of evidence obtained through constatation is regulated by the Law of Georgia on Enforcement Proceedings and the corresponding orders of the Minister of Justice (regarding the rules of constatation). The legislation obligates the National Bureau of Enforcement to create and manage a secure archive of evidence. According to the law, the fact-finding act and the materials (evidence) attached to it are kept at the bureau for at least 3 years unless the applicant requests an extension of the term.

According to the Civil Procedure Code, documents and materials preserved in a state body (in this case, the enforcement bureau) possess the status of public evidence. It is impermissible to question the authenticity of such evidence with a mere verbal statement; the opposing party must initiate a separate proceeding to establish the forgery of the document, which is practically impossible when the material is stored in the bureau's safe. The legislation also regulates the storage fee, which is nominal, yet ensures the highest standard of protection.

Step-by-Step Process

The evidence preservation process begins the moment the fact-finding is completed. In the first stage, the execution officer summarizes the obtained material (prints photos, burns files to a disk) and places them in a special package. In the second stage, this package is sealed, dated, stamped, and signed (including by the attendees).

In the third stage, the sealed package is registered at the bureau's chancellery and handed over to the archive service. In the fourth stage, the applicant pays the storage service fee and receives a certificate confirming the acceptance of the evidence for safekeeping. The fifth stage is the actual storage period (years) when the material is untouched. In the sixth and final stage, when the court trial begins, based on a motion by the lawyer, the court officially requests these sealed pieces of evidence from the bureau. The package is opened directly at the court hearing, precluding any probability of manipulation.

Why legal.ge and the Need for a Lawyer

Preserving evidence is the best guarantee of security; however, using it correctly requires legal knowledge. If you do not know how to request these materials in court in compliance with procedural norms, or if you forget to extend the storage period and the bureau destroys the files (after the statutory period expires), your case will fail.

This is exactly why the legal.ge platform is an indispensable tool for you. Here you can find experienced lawyers who specialize in securing evidence and enforcement procedures. A lawyer selected on legal.ge will monitor the storage deadlines of your evidence, ensure their timely and lawful presentation in court, and help you avoid any bureaucratic flaws. Protect your truth—find a reliable professional on our platform and be confident in the inviolability of your evidence.