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Witnesses in civil proceedings

22-06-23 MTParners

Based on Article 77 of the Civil Procedure Code 2015, Witnesses are those who know the details related to the content of the case requested by the parties, the court summons to participate in the proceedings as witnesses. People who lose their civil act capacity cannot be witnesses.

Based on Article 78 of the Civil Procedure Code 2015, Witnesses have the following rights and obligations:

1. Provide all information, documents, objects that you have obtained related to the settlement of the case.
2. Declare truthfully the details that you know related to the settlement of the case.
3. Refuse to declare if your testimony relates to state secrets, professional secrets, business secrets, personal secrets, family secrets or if the declaration has a negative, disadvantageous effect on the party who is your relative.
4. Take leave from work during the time the court summons or takes testimony, if working in an agency or organization.
5. Be paid for related expenses as prescribed by law.
6. Request the court that has summoned, the competent state agency to protect your life, health, honor, dignity, property and other legitimate rights and interests when participating in proceedings; complain about the procedural acts of the person conducting the proceedings.
7. Compensate for damages and be liable before the law for false declarations causing damage to the parties or to others.
8. Be present at the court, trial, meeting according to the court’s summons if the testimony of the witness must be conducted publicly at the court, trial, meeting; in case the witness does not attend the trial, meeting without a valid reason and their absence hinders the trial, settlement, the judge, the trial panel, the civil settlement council may issue a decision to escort the witness to the trial, meeting, except in case the witness is a minor.
9. Pledge before the court to perform their rights and obligations, except in case the witness is a minor. An important note to Witnesses is that, in any case, Witnesses must be an individual (a specific individual), not a legal entity (company, agency, organization).

An important note to Witnesses is that, in any case, Witnesses must be an individual (a specific individual), not a legal entity (company, agency, organization).

MT&Partners hope that this article will bring useful knowledge to the readers.