How is the petition for summoning witnesses made up? Are there any additional requirements for the document? Who is allowed to call, and who is prohibited. The topic is important in connection with the fact that testimony is one of the sources of information in the trial.
Witness's testimonies
They are indispensable as a source of information. Not all information that comes to the judge provides an opportunity to objectively look at the situation. A person will notice and remember that he will not appear on paper. Testimony is especially important in cases involving personal relationships between people. A striking example is the consideration of disputes about the place of residence of children.
If a paternity suit is filed, the question is being examined whether there was a possibility of an intimate relationship between the plaintiff and the defendant? When submitting a petition for summoning witnesses, the plaintiff or defendant shall indicate what kind of information the called person can provide.
The law contains a principle prohibiting the substitution of one evidence for another, so it will not work out to be limited to documents.
When compared with the arbitration process, everything is built there a little differently. Although the law provides the right to call witnesses, judges still make decisions based on documented evidence. Witnesses, if called, to obtain clarifying information.
Submission deadlines
A petition for summoning witnesses is submitted to the court at the preliminary hearing when the case is being prepared for consideration on the merits. If this is done after the court proceeds to the examination of the case on the merits, its response to the request will be negative. The consent of the judge is allowed in exceptional cases when the plaintiff could not ensure the appearance of the witness for objective reasons (being on a business trip, serious illness, etc.). The rules are not always respected, but do not ignore them.
Submission methods
A petition to call witnesses is either filed with the lawsuit or submitted directly to the judge at the hearing. The text of the claim and the petition can be divided or vice versa combined in a single document. Which approach to choose depends on the circumstances and habits of the lawyer who prepared the documents or sample for future use.
The petition for calling witnesses in a civil case can now be submitted in electronic form, by filling out a form on the court’s website and attaching electronic copies of documents. True, they need to be certified with an enhanced electronic digital signature.
Writing a statement
The petition for summoning witnesses to the court is written as follows:
- name of court;
- surname and initials of the judge, if known, who is considering the case;
- case number;
- information about the applicant (name, place of residence, contacts);
- information about the defendant (name, place of residence, contacts)
- the main part of the statement;
- request to call as a witness - name, place of residence;
- signature and filing date.
If the document is submitted to the office by a representative, then a copy of the power of attorney is attached.
What does the main part include? It briefly indicates what information this person has.
If there are several witnesses, a petition to call witnesses in a civil case is filed simultaneously for several people, it is not necessary to write a separate statement for each.
Serve orally or in writing
Submitting an application is not enough. The judge will not decide on a petition to call witnesses in a civil case automatically. Opening the meeting, he will ask if the parties have requests or petitions, and then he will offer to voice them.Many only verbally report their desire to call a witness, not backing up their actions with a paper supply. Such actions are reckless. The secretary may, when drawing up the protocol, exclude information on the calling of witnesses, and no other evidence will remain.
Because of this, it is impossible to call witnesses on appeal. There are satisfied requests that a district or world court illegally rejected. If they were not there before, the court of appeal will give a negative answer to the call of the witness, despite the correctness of the statement on the merits. Filing an application through the office will help protect against unpleasant surprises.
Application Review
The applicant verbally asks the court to call the witness, gives his last name, first name, middle name, tells the information briefly known to the potential witness. The judge invites the other party and other parties to the case to express their opinion. Then he makes a decision in the form of a determination, without leaving the deliberation room.
What nuances do citizens miss
In Art. 69 GIC provides a list of citizens who are exempted from the obligation to testify. Lawyers, lawyers who acted as representatives, priests, arbitrators, judges and jurors are not entitled to testify about information that became known to them in the performance of their duties.
Persons connected by family or family ties are not required to report anything to the court, although they have the right to do so. If the question is raised about the interrogation of persons from the first list, the court must refuse to interrogate them in any case. If the party asks to interrogate the plaintiff’s relative, the court has the right to call him. But the called person has the opportunity to refuse to communicate.
Unfortunately, in a rare sample of a petition for summoning witnesses, these things are mentioned.
Finally
An application to call witnesses to the court is sent either orally or in writing. The content of the document resembles a standard citizen statement to the authorities.
It is important to make a statement in preparation for the proceedings and indicate what the witness will report.