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. A summons to appear at a main hearing is served on witnesses and experts by a process server, by post or by phone. The summons indicates the date, time and place of the main hearing and the method of hearing. It also indicates the consequences of failure to appear and other necessary information.

If a 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 already been heard in the district court may be heard in a court of appeal without him or her having to be present in person, in other words by phone or by using video conference, if it is possible to reliably assess the credibility of the testimony through this method. The court of appeal decides on which method of hearing will be used. However, the parties must be given an opportunity to present questions to the person who is being heard.

In certain situations, testimonies recorded in the district court can be listened to in a main hearing of a court of appeal. Witnesses are entitled to receive a fee also in a court of appeal.

Published 1.8.2019