506. Some electoral or procedural laws (as in Colombia and Mexico) provide
a definition of the means of proof so that litigants are aware of the types of
evidence that they may offer in support of their factual and legal arguments
and claims, and in some cases even of the effect or weight the EDRB should
attribute to them. However, most procedural electoral codes and laws do
not. Some provide that the codes of civil or administrative procedure may
apply unless otherwise stated (for example, those of Bolivia, Guatemala and
Paraguay). Many countries require that the relevant documentary evidence
be attached to the petition, claim or complainant brief that puts forward the
challenge and to the defendant’s or respondent’s plea (as in Chile, Costa Rica,
Ecuador, Mexico and Peru).
507. While several systems expressly provide that the parties can offer any means
of proof, some establish restrictions, allowing for example some or all of:
• electoral documents;
• public and private documents, including the official documents related
to the action or decision that is being challenged;
• admissions, testimony, expert evidence and circumstantial evidence;
and
• what is called legal and human presumption.
All these may be admitted with specified restrictions – for example, that the
evidence should be pertinent to the case.
508. In most countries, the EDRB is authorized to demand the introduction
of additional evidence in order better to understand the facts at issue, without
implying any movement away from the principle that the party making an
allegation is obliged to prove it.
509. Because of the short time frames for ruling on electoral challenges,
where there are no laws or regulations relating to means of proof, EDRBs
have had to develop criteria for admitting suitable or appropriate evidence in
support of the parties’ claims within the legal time limits for making a ruling.
Witness testimony may for example be restricted, if not excluded, in cases
where election results are contested.
c) Systems for weighing evidence
510. According to the predominant doctrine of procedural or evidence law,
the systems for assessing evidence may be classified into four groups:
a. systems of legal or legally weighted evidence, in which the law indicates
in advance the effect or weight that the EDRB should attribute to a
means of proof;
166
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