(Preliminary) examination of witnesses

Witness examination is a tool that can be used during legal proceedings to provide evidence. The judge may order that a witness be heard at the request of the parties. The judge may also order a witness examination himself (ex officio). There is also the possibility of holding a preliminary witness examination. This is a special variant because it takes place before any proceedings are pending. It is a way to find out whether sufficient evidence can be found for a party's contentions, and thus to test whether proceedings have a chance of succeeding.

What is a witness examination?

A witness examination is a hearing of a witness during a trial. Unlike a witness statement that is often in writing, the witness in a witness examination is heard at a hearing. The purpose of witness examination is to obtain evidence. The person called as a witness by a litigant is obliged to appear. Failure to do so may even result in the witness being lifted from his bed by the police to make a statement at the hearing.

Witness under oath

At the hearing, the witness is sworn in. This means that he or she takes the oath or promise. Once that is done, the witness is under oath. The witness must then tell the truth. Lying is punishable by law. It is called perjury.

Preliminary examination of witnesses

A preliminary examination of witnesses, like the ‘normal examination of witnesses,’ is possible in all cases where evidence by witnesses is admitted. The preliminary examination of witnesses is an examination of witnesses ordered by the court at the request of a party, which takes place at any time during the proceedings outside the court hearing. This can be done even before the legal proceedings have begun. One reason to request such an interview is to gather evidence before you actually file a lawsuit. This way you have a stronger litigation position at the beginning of the proceedings. The request to hold a preliminary witness examination is made in a application procedure.

Conclusion

The examination of witnesses and the preliminary examination of witnesses are important tools that can be used to obtain evidence. Although it is usually used during proceedings, it is also possible to request a preliminary examination of witnesses without already having filed a lawsuit. Involvement of a lawyer is mandatory in this process.