start

FAQ

• Main page

Who can be a witness and what can he testify about?

It is a general rule that witnesses testify only on facts and never on their assessment of the facts. Therefore, only the testimonies of persons who were directly involved or witnessed certain events and facts are relevant. The facts that are proved by means of a witness’s testimony must be relevant to the determination of a dispute.

The CCP determines who cannot be a witness in civil proceedings and who is entitled to refuse to answer particular questions. Generally, the CCP excludes from being a witness:

• persons who cannot perceive or communicate their observations;
• army officers and officials not released from the obligation to keep a state secret;
• persons heard as parties;
• joint participants.

Mediators cannot testify on facts they learned of in connection with mediation proceedings.

Neither an advocate nor a legal adviser can give testimony as a witness in respect of his knowledge of his clients’ cases. However, the attorney’s privilege of an advocate or legal adviser may be waived by the court in circumstances laid down strictly by law.