About Testimony
In a civil case, if a party wishes to prove their claims through witnesses, they must provide the names and exact addresses of the witnesses, specifying the facts they wish to prove.
A designated witness can only be replaced in justified cases, or if the person intended to be heard as a witness has since died or disappeared.
If a witness does not appear despite being summoned, the court may order their appearance or impose a fine.
If the person cannot appear before the court due to age, illness, or other valid reasons, it is possible to conduct the hearing at their home or residence.
The following cannot be witnesses:
- Relatives up to the third degree, including those related by marriage,
- Spouse, former spouse, fiancé, or partner,
- Any person with a hostile or interest-based relationship with either party,
- A person under guardianship,
- A person convicted of perjury.
By the express or implicit agreement of the parties, those listed in points (a) – (c) may also testify.
Note! In divorce cases, paternity cases, or other cases related to family relations, except for direct descendants, relatives can be heard as witnesses!
Persons exempt from testifying:
Clergy, doctors, pharmacists, lawyers, notaries, bailiffs, mediators, midwives, and healthcare assistants or any other professionals who, by the nature of their profession, are bound by professional or service-related confidentiality and have obtained information related to the case during the practice of their profession, if giving testimony would breach their confidentiality obligation.
With the exception of clergy, these individuals may also be called to testify if the interested parties release them from this obligation.
Judges, prosecutors, and public officials, even after their mandate has ended, concerning secret facts learned in this capacity.
Exceptionally, with the approval of the relevant authority or institution, these individuals may testify.
Persons who would incriminate themselves, their relatives, spouse, former spouse, fiancé, or partner, or expose them to public contempt.
Procedure
At the beginning of the hearing, the president of the court establishes the identity of the witness, their name, occupation, residence, and age, and whether they are related to any of the parties or are employed by them, and whether, for these or other reasons, they might be biased.
After taking an oath, the witness is warned about the consequences of perjury.
Witnesses are heard individually. Witnesses who have not yet been heard may not be present in the courtroom during the testimony of others.
During the hearing, the witness gives statements about the facts they have observed, concerning relevant circumstances that may affect the resolution of the case. The witness must first respond to questions posed by the president, then to questions from the parties.
If a witness’s testimony contradicts another witness’s statement, the clarification of the facts may, if necessary, be attempted through confrontation.
The testimony is recorded in writing by the court clerk, and after reading it, each page is signed by the judge, the clerk, and the witness.