CUSTODY OF PHYSICAL, WRITTEN, AND DIGITAL EVIDENCE IN CIVIL LITIGATION: THE PROBLEM OF ACCOUNTABILITY AND PROCEDURAL VISIBILITY

Abstract

This article examines the legal and practical framework governing the custody of physical, written, and digital evidence in civil litigation, with a particular focus on issues of accountability and procedural visibility. While civil procedural law formally recognizes evidence custodians as auxiliary participants in the administration of justice, their role remains largely undefined and functionally absent in practice. The study identifies a structural gap between normative regulation and actual judicial processes, where responsibilities for evidence handling are informally assumed by court staff without clear legal mandates or accountability mechanisms. This lack of procedural visibility raises significant risks for evidence integrity, transparency, and the principle of equality of arms. It further explores the implications of this gap in the context of increasing reliance on digital evidence, where risks of alteration, loss, and mismanagement are significantly higher. The paper concludes by proposing a reconceptualization of the procedural status and functions of evidence custodians, emphasizing the need for clearer legal frameworks, defined powers, and institutional responsibility to ensure fair trial guarantees in civil proceedings.