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This Republic of China Evidence Rules book contains the evidence articles from the Republic of China’s (often referred to as ROC or Taiwan) Code of Civil Procedure (amended in 2023) and Code of Criminal Procedure (amended in 2020).
Taiwan does not have a unified evidence act containing a single set of articles, rules, provisions, or laws for both civil and criminal trials. In the United States, such provisions are called “rules.” Some other countries, especially those of the former British Commonwealth, also refer to their evidence provisions as “articles.” For Taiwan, the evidence articles can be found in English can be found as part of the Code of Civil Procedure and the Code of Criminal Procedure.

All of Taiwan’s evidence articles are written in Chinese. This book uses the official English translations of those provisions published on Taiwan’s government websites. As is common in Chinese-speaking jurisdictions, the official Chinese and English versions of many laws are structured as numbered provisions without official section titles. Therefore, in this book the author has created English titles where necessary for clarity and ease of reference.

A companion book, Republic of China (Taiwan) Evidence Handbook with Common Objections & Evidentiary Foundations, contains not only Taiwan’s civil and criminal evidence articles, but also has a substantial appendix of about 80 pages, which offers practical guidance and advice about making objections, laying foundations to introduce evidence at trial and methods for impeaching witnesses based upon U.S. practice. In addition to traditional evidence issues, the appendix covers digital evidence. For the past 20 to 30 years, lawyers and judges around the world have been struggling with the use of digital evidence in courts because evidence rules were drafted decades ago assuming that courts would only use paper documents. However, today the many forms of digital evidence, such as emails, text messages, social media sites, and other types of communication, dominate modern communication. Examples in the appendix of how to introduce traditional and digital evidence are based upon the U.S. Federal Rules of Evidence which are more designed for jury trials, but also know that the appendix examples are designed for non-jury trials.

The author is an American law professor who was a Michigan criminal trial lawyer and has been a full-time law professor for over 50 years - a professor at the University of Hawaii Law School for the past 46 years and at Wayne State Law School in Detroit Michigan for 5 years in the 1970s. His students, under his supervision, in Hawaii and Michigan, have represented real clients in real cases every year he has been teaching. He has taught evidence since 1981 and has been the Director, and now Co-Director, of his law school's Clinical Program since 1978. In that program, under court rules, law students are allowed to appear in court to represent individual clients, government organizations, and NGOs, He has been a member of the Hawaii Supreme Court's Standing Committee on the Rules of Evidence since 1993. For the past 50 plus years, he has taught a criminal clinic in which his students try traffic and minor criminal cases under the state student practice rule.

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