Where testimonial evidence is admissible, the judge may receive from third parties statements of such a nature as to throw light on the disputed facts of which they have personal knowledge. These statements are made by attestation or collected by way of investigation depending on whether they are written or oral.
Attestations shall be produced by the parties or at the request of the judge. The judge shall communicate to the parties those directly addressed to him.
Attestations must be drawn up by persons who are eligible to be heard as witnesses.
The attestation shall contain an account of the facts that the author witnessed or personally observed. It shall mention the author’s surname, forenames, date and place of birth, place of residence and profession. It mentions the surname, first names, date and place of birth, place of residence and profession of its author as well as, if applicable, his relationship of kinship or marriage to the parties, subordination to them, collaboration…
The judge may always proceed by way of an enquiry to hear the author of an attestation.
Where the investigation is ordered, evidence to the contrary may be adduced by witnesses without further decision.
Everyone may be heard as a witness, with the exception of persons who are incapacitated from giving evidence in court. Persons who are unable to give evidence may, however, be heard under the same conditions, but without taking an oath. However, descendants may never be heard on the grievances raised by the spouses in support of an application for divorce or legal separation.
Anyone who is legally required to do so is obliged to give evidence. Persons who show a legitimate reason may be exempted from giving evidence. Relatives or allies in the direct line of either party or their spouse, even if divorced, may refuse to do so.
Defaulting witnesses may be summoned at their own expense if their hearing is deemed necessary. Defaulting witnesses and those who, without a legitimate reason, refuse to give evidence or take the oath may be fined a civil penalty of up to 10,000 euros. Witnesses who prove that they were unable to attend on the date set may be relieved of the fine and of the costs of the summons.
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….
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RCS Paris n°814433470
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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