Classified documents in civil lawsuits

Author:Enik? Damaschin
Position:PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest; Judge (e-mail: enikodamaschin@univnt.ro)
Pages:30-38
LESIJ NO. XXIV, VOL. 1/2017
CLASSIFIED DOCUMENTS IN CIVIL LAWSUITS
Enikő DAMASCHIN
Abstract
The purpose of this study is to approach classified documents from a very specific perspective: that of
using them as evidence during a civil lawsuit. In this sense, we p rovide the definition of classified
documents, give details about the way in which classification operations are performed, as well as the
conditions that have to be met so that these documents could become declassified in case parties wanted
to have access to the documents submitted to the case file. Moreover, we deal with the issue of
submitting classified do cuments to court, with the way in which these documents could be accessed,
considering the right to a fair trial.
Keywords: classified documents, civil lawsuit, the right to have access to evidence, the right to
have access to court
1. Introduction
With Book II, Chapter II, Sectio n 2,
Subsection 3 of the Romanian Civil
Procedure Code (RCPC)
1
, the legislator
regulated the legal status of documents i n
terms of their use as e vidence in civil
proceedings. We recall in this connection
that, according to the provisions listed in art.
250 RCPC, the burden of proof as far as a
legal document or fact is concerned lies with
the documents, witnesses, presumptions,
testimony of one of the parties, given on its
own initiative or obtained either by
interrogation or expertise, the material
objects, the investigation made or any other
means provided for by law.
A document is defined by the
provisions of art. 265 RCPC as any p iece of
writing or other record that co ntains
information about a legal document or fact,
PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest; Judge (e-mail:
enikodamaschin@univnt.ro)
1
Law no. 134 of July 1, 2010 regarding the Civil Procedure Code, republished in the Official Gazette of Romania
no. 247 of April 10, 2015.
2
Boroi Gabriel, Stancu Mirela Drept procesual civil (Civil Procedural Law), Hamangiu Publishing House, 2015, p.438.
regardless of its physical support or the
preservation and storage means.
In a civil lawsuit, parties may use both
authentic documents and documents under
private signature, as well as electronic
documents, for each of these categories
being necessary to comply with the ter ms
expressly provided for by the legislator. The
documents can be electronically processed,
and, in this situation, when the details of a
legal document are electronically processed,
the evidentiary instrument of this document
is the document that reproduces these
details, provided that it is comprehensible
and incorporates sufficiently serious
guarantees so that its contents, as well as the
identity of the person who has produced it,
could prove to be of good faith
2
.
Regarding the proposal and
management of documentary evidence,
based on the pr ovisions of art. 249 RCPC,
according to which the party who makes a
claim during the civil la wsuit must prove it,

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