How to give evidence in a civil trial?
Verified 11 September 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
In a civil trial, it may be helpful to call witnesses to establish or prove facts. Witnesses may be heard orally at the hearing. Testimony may also be given by written. We give you the information you need to know.
Oral testimony
Anyone with personal knowledge of an event may be heard as a witness. However, some people do not have the right to testify: minors, people who have lost their civil rights or those placed under guardianship.
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Adult
An adult may testify in court in a case in which he or she is not directly involved (e.g. as a witness to an accident between 2 other drivers).
In some cases, the adult may ask to be exempt from the requirement to produce a certificate. This is the case, for example, for certain professions (notary, priest, etc.) or due to privacy. In such cases, the court must send a letter to the judge stating the reasons for his request for exemption from testifying. It's the judge who decides to accept or refuse his request.
The adult may also refuse to testify if she is a close relative (ascendant, descendant, spouse (whether or not divorced, former or common-law partner) of one of the parties to the proceedings.
Please note
Siblings cannot be exempt from testifying.
Minor
A minor (under 18) cannot be designated as a witness.
She can do simple declarations the court that takes them in, for example, if she witnessed an accident.
FYI
One minor child may be heard in connection with divorce proceedings or legal separation of his parents. This hearing allows the minor child to give his or her opinion on the determination of his or her residence and the right of access and accommodation.
Person with a ban on civil, civil and family rights
If the person called as a witness has lost civil rights following a criminal court decision, cannot be heardas a witness and swear an oath as provided by law. A ban on civil, civil and family rights may, for example, be imposed on convictions for rape of minors and murder.
However, this person may do simple declarations the court that collects them and assesses their value and scope.
Person under guardianship
A person under guardianship cannot not be designated as a witness and she cannot be sworn in as the law requires.
However, it can simple declarations the court that collects them and assesses their value and scope.
Representative of a legal person (company, association...)
One legal person is always represented by a natural person. For example, a company is represented by its CEO, an association by its president, etc.
The court may hear the representative of legal persons, companies, public authorities and public establishments and their members or agents.
The judge may designate the witness he wishes to hear to have details of the facts of the dispute.
The parties to the proceedings (applicant or defendant) may request the judge to hear from persons whose testimony appears to them to be necessary or useful for the demonstration of the truth.
When representation by counsel is mandatory, the request is made by counsel for the party.
In proceedings where the lawyer is not obligatory, the request is made in a request filed by the party.
The judge may accept or refuse to hear the witness if he considers that his hearing is useful or not for the resolution of the dispute.
The witness is summoned by the court.
He receives his summons 8 days at least before the date of his hearing.
The summons shall be sent by registered post with acknowledgement of receipt. It must include the surnames and forenames of the parties at trial, the mention the obligation to give evidence and penalties provided for in the event of non-appearance or refusal to take an oath.
The parties to the proceedings shall be informed orally or by simple letter of such summons.
Introduce Yourself
If summoned to court, the witness shall must appear, except in the case of an impediment for a legitimate reason (illness, etc.).
If he doesn't show up, he may be city to appear before the court by a commissioner of justice at its own expense.
The witness can refuse to testify if it is one of the following:
- Parents of a divorced spouse, partner or Civil partnership partner
- Person who living as a couple with one of the parties or his ex-husband
- Child who has reached the age of majority in a case concerning his parents (divorce, separation or other).
Warning
a witness who, without lawful cause, refuses to appear or give evidence at the hearing may be liable to a civil fine of €10,000 maximum.
Take an oath and tell the truth
The judge does take oath to the witnesses to tell the truth.
The refusal to take oath shall be punished by a civil fine of €10,000 maximum.
The judge reminds the witness of the penalties of fine or imprisonment that he or she may incur in the event of false testimony.
The person who is heard without taking an oath (e.g. a minor, an adult under guardianship...) is informed that she is forced to tell the truth.
Warning
False testimony in civil matters is punishable by 3 years imprisonment and €45,000 of fine. In case of untruthful testimony motivated by promises of reward, sanctions are escalated and escalated to 7 years imprisonment and €100,000 of fine.
Testimony is being given separately and in the order decided by the judge, in the presence of the parties.
The witness must give his name, given name(s), date and place of birth, address and occupation. He must indicate whether he is related, in alliance or in bribery, in collaboration or in community of interest with one of the parties.
The witness is questioned by the judge. The parties cannot interrupt, call or attempt to influence the witness.
If a party has questions for the witness, they will transmit them to the judge who will lay them himself.
The witness does not can't read written notes during his testimony.
All witness statements are transcribed into a report signed by the witness after his review, by the judge and the clerk. If a witness refuses to sign, this shall be recorded in the minutes.
The judge's findings on the behavior of a witness (if he is aggressive, if he seems to be alcoholic...) may be mentioned in the minutes, as well as the observations of the parties.
Testimony may be be done in the presence of a technician which can be a forensic expert or any other qualified person. He shall be appointed and summoned by the judge to to provide a technical analysis during the hearing of the witness, such as a car expert in a traffic accident.
After his hearing, the judge may ask the witness to to remain available to the court in case of additional questions.
The judge may authorize a witness who so requests to to receive compensation on presentation of supporting documents.
The witness may ask:
- Appearance pay including lost wages
- Daily subsistence allowance
- Travel costs (train, motorway costs...).
The claim for compensation must be filed with the Registrar at the hearing.
The person accompanying a minor witness may apply for a summons to appear as well as compensation for lost wages.
The third party accompanying the sick or infirm witness may claim compensation for his appearance and loss of salary.
FYI
A witness who does not have sufficient income to pay for his or her trip to the hearing may apply to the President of the court on which his or her domicile depends for a partial payment of expenses.
Written testimony
Written testimony is called witness certificate.
Certificates may be issued at the request of parties to the proceedings (applicant or defendant) or by judge.
The judge shall communicate to all parties the certificate he receives directly from the witness so that the principle of adversarial debate be respected.
Anyone with personal knowledge of an event can testify in writing. However, some people do not have the right: minors, people who have lost their civil rights or those placed under guardianship.
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Adult
An adult may give written evidence in court for a case in which he or she is not not directly involved (e.g., the witness of an accident between 2 other drivers).
In some cases, the adult may apply for exemption from the requirement to produce a certificate. This is the case, for example, for certain professions (notary, priest...) or because of the respect due to privacy. In such cases, the court must send a letter to the judge stating the reasons for his request for exemption from testifying. It's the judge who decides to accept or refuse his request.
The adult may also refuse to certify if she is a close relative (ascendant, descendant, spouse (whether or not divorced, former or common-law partner) of one of the parties to the proceedings.
Please note
Brothers and sisters may not be exempt from giving their testimony in writing.
Minor
A minor (under 18) cannot establish a certificate.
Person with a ban on civil, civil and family rights
If a person has lost civil rights following a criminal court decision, the can't of attestation.
Person under guardianship
A person under guardianship cannot not to establish a certificate.
Representative of a legal person (company, association...)
One legal person is always represented by a natural person. For example, a company is represented by its CEO, an association is represented by its president...
The representative of the legal person, public authorities and public institutions and their members or agents may draw up attestations.
If the judge considers it necessary, he may to summon the author of a certificate, for a hearing during a hearing. He is free to decide whether or not to accept the statement of a witness who has made out a certificate.
The certificate must contain the name, forename(s), date and place of birth, address and occupation of the author of the document.
He must indicate whether he is related, in alliance or bribery, in collaboration or in community of interest with one of the parties to the proceedings.
The certificate must include the facts to which the no one has assisted or what she's got personally observed.
It states that it is prepared for production in court and that the author is aware that false statement on his part exposes him to criminal sanctions.
It must be written, dated and signed from the author's hand.
The original or a copy of a identity document bearing the author's signature must be annexed to the certificate (for example, identity card, passport, residence permit, etc.).
The certificate may be made on free paper or with the form CERFA 11527:
The judge appreciates the evidentiary value of witness statement product for debate.
If the certificate does not contain certain information, it is the judge who decides whether or not to retain that certificate.
Warning
Any false testimony is punishable by 1 year imprisonment and €15,000 of fine. The penalty shall be increased to 3 years' imprisonment and €45,000 fines where the offense is committed with a view to harming the public purse or the assets of a third party.
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