As witness in a court of appeal

Giving testimony in the main hearing of a court of appeal is similar to a district court. If the witness has sworn an oath or given an affirmation already in the district court, he or she is not required to repeat it in the court of appeal. The same oath or affirmation continues to be binding on him or her.

A witness, an expert or a party who has been heard in the district court may also be heard by phone or by a video conference, if it is possible to reliably assess the credibility of the witness statement through this method. However, the parties must be given the opportunity to question the person who is being heard.

Witness statements recorded at the district court may be listened to at the court of appeal unless a renewal of oral testimony is necessary.

The witnesses and the experts may be summoned to the main hearing by way of a process server, by letter or by phone. The summons states the date, place and method of the hearing. The summons indicates also the consequences of a failure to appear and other necessary information.

The witness is entitled to a fee.

Updated on 29 December 2010