Witness

A witness is a third person who conveys to the court their knowledge and observations about the events in dispute. Witnesses are named in a list stating the fact each will address, and a second list may not be submitted.

Testifying is in principle a compulsory public duty: a duly summoned person must appear, take the oath and tell the truth, and a defaulting witness may be brought by force. The statute grants a right to refuse in situations such as engagement, marriage, specified degrees of kinship and professional secrecy. Untruthful statements constitute the crime of perjury.

Testimony is freely evaluated evidence; the judge weighs the coherence of the account together with how the witness came to know the events. In transactions subject to mandatory written proof, the inadmissibility of witnesses is a classic surprise for parties who relied on testimony instead of documenting their dealings.