As witness in a court of appeal

Giving testimony in a main hearing of a court of appeal is similar to testifying in a district court. If the witness has given an affirmation already in the district court, he or she is not required to repeat it in the court of appeal. The same affirmation continues to oblige the witness to keep to the truth.

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

The court of appeal may, to the extent necessary, listen to testimonies recorded in the district court unless a renewal of oral testimony is necessary to some extent.

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

Witnesses are entitled to a fee also in a court of appeal.

 
Published 8.8.2018