Subsection I: General provisions.

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….

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.