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How to apply for a witness testifying in court?

date:2019/11/26 Clicks:89
Generally, the parties need witnesses to testify for them, only written testimony is not enough, most of the witnesses need to appear in person.
A written application for a witness to testify in court is required. The identity of the witness must be specified in the application form, which must be submitted to the court before the hearing.
Of course, not all witnesses can appear in court in person. According to Article 72 of Civil Procedure Law of the People's Republic of China (hereinafter referred to as Civil Procedure Law) , all units and individuals who have knowledge of a case shall be under the obligation of giving testimonies in court. Responsible heads of relevant units shall support the witnesses to give testimonies.
Any person who is incapable of expressing his will properly shall not give testimonies.
Article 73 of Civil Procedure Law stipulated that: “A witness shall appear in court and give testimonies upon notice by the people’s court. In any of the following circumstances, upon approval of the people’s court, testimonies may be given in the form of written testimonies, audio-visual transmission technology or audio-visual materials:
(1) Failing to appear in court because of his health condition;
(2) Failing to appear in court because he is far away from the court and the traffic is inconvenient;
(3) Failing to appear in court because of such force majeure as natural disasters;
(4) Other justifiable reasons that cause his failure to appear in court.”
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
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