Title VII: Judicial administration of evidence.

The judge hears the witnesses in their evidence separately and in the order he or she determines. The witnesses shall be heard in the presence of the parties or the parties called. By way of exception, the judge may, if the circumstances so require, invite a party to withdraw subject to the party’s right to be informed immediately of the statements of the witnesses heard without his or her presence….

The investigation shall take place in the presence of the defenders of all the parties or those called.

The witnesses shall declare their surname, forenames, date and place of birth, residence and occupation and, where applicable, their relationship to the parties by blood or marriage, subordination to them, collaboration or community of interest with them.

Persons who are heard as witnesses take an oath to tell the truth. The judge reminds them that they incur fines and imprisonment in the event of false testimony. Persons who are heard without taking an oath are informed of their obligation to tell the truth.

Witnesses cannot read any drafts.

The judge may hear or question witnesses on all facts the proof of which is admitted by law, even if these facts would not be indicated in the decision prescribing the enquiry.

The parties must not interrupt or interpellate or seek to influence the witnesses giving evidence, or address them directly, on pain of exclusion. The judge shall, if he considers it necessary, ask the questions submitted to him by the parties after the witness has been examined.

The judge may rehear the witnesses, confront them with each other or with the parties; where appropriate, he or she will conduct the hearing in the presence of a technician.

Unless they have been permitted or directed to withdraw after giving evidence, witnesses shall remain at the disposal of the judge until the close of the enquiry or the hearing. They may, until that time, make additions or changes to their evidence.

If a witness justifies that he is unable to attend on the day indicated, the judge may grant him a delay or transport himself to receive his evidence.