The requisition of evidence is a request that a party to the criminal proceedings (usually the plaintiff or defendant) will make to the “direction of the proceedings” (prosecution or court) to add new evidence to the record of the proceedings.
This may include, for example, a request for an expert opinion, a request to hear witnesses, a request for the production of documents in the hands of other entities or a request to conduct a search. But all other types of evidence can be the subject of evidence requisitions.
Requisitions of evidence are important because they can result in new evidence being obtained which, ideally, will strengthen the position of the requesting party.
Before issuing an order of dismissal or indictment, the Crown must allow time for the parties to present their evidentiary submissions.
Likewise, before the trial (debates), the Court of First Instance gives them a similar time limit.
Finally, in the Court of Appeal, evidentiary submissions must be made as part of the filing of the statement of appeal.
