Preservation of Maritime Evidence

Preservation of maritime evidence is the compulsory measure adopted, on the application of a maritime claimant, by the maritime court to take, preserve or seal up the evidence related to a maritime claim.

Conditions
a The applicant is a party to the maritime claim;
b The evidence, preservation of which is requested, substantiates the maritime claim;
c The person against whom the application is made is a party relevant to the evidence to be preserved; and
d In a situation of emergency, the evidence relevant to the maritime claim may be lost or hard to obtain, unless the evidence is immediately preserved.

Procedures
a The party shall file an application with the maritime court of the place where the evidence is to be preserved;
b A maritime claimant shall file an application in writing with the maritime court;
c The maritime court, having accepted an application, shall make an order within 48 hours. Where the order involves adoption of measures for preservation of the maritime evidence, it shall be enforced forthwith.
d To preserve maritime evidence, the maritime court may, taking into account the specific circumstances, seal up the evidence, or take the reproductions, duplicates, photographs, or make video recording, extracts or records of inquests. It may also take the original evidence where necessary.

Security and Risks
a Before the court grants the evidence preservation order, the applicant is usually required to put up a counter security.
b A maritime claimant who has wrongly applied for preservation of maritime evidence shall indemnify the person against whom the claims made or the interested person for the losses thus incurred.