Casalonga UPC rules of procedure
Powered by Casalonga

Rule 181Experts of the parties

1. Subject to the orders of the Court referred to in Rules 104(e) [1] and 112.2(b) [2] a party may provide any expert evidence that it considers necessary. Rules 175 to 180 [[-
1. A party seeking to offer witness evidence shall lodge a written witness statement or a written summary of the evidence to be given.
2. A written witness statement shall be signed by the witness and shall include a statement of the witness that he is aware of his obligation to tell the truth and of his liability under applicable national law in the event of any breach of this obligation. The statement shall set out the language in which the witness shall give oral evidence, if necessary.
3. The written witness statement or written summary of the evidence to be given shall set out:
(a) any current or past relationship between the witness and the party offering the evidence; and
(b) any actual or potential conflict of interest that may affect the impartiality of the witness.

 
Subject to the orders of the Court referred to in Rules 104(e) and 112.2(b) a party seeking to offer oral witness evidence shall make an Application for the hearing of a witness in person which shall set out:
(a) the reasons why the witness should be heard in person;
(b) the facts which the party expects the witness to confirm; and
(c) the language in which the witness shall give evidence.

 
1. The Court may order that a witness be heard in person:
(a) of its own motion;
(b) where a written witness statement is challenged by the other party; or
(c) on an Application for the hearing of a witness in person [Rule 176].
2. An order of the Court summoning a witness to the oral hearing shall in particular indicate:
(a) the name, address and description of the witness;
(b) the date and place of the oral hearing;
(c) an indication of the facts of the action about which the witness is to be examined;
(d) information about the reimbursement of expenses incurred by the witness;
(e) a statement that the witness will be questioned by the Court and the parties; and
(f) the language of the proceedings and the possibility of arranging simultaneous interpretation between that language and the language of the witness, if necessary [Rule 109].
3. In
...
Please login to continue reading.


Registering with the site

You have requested to take part in a forum reserved for registered visitors.

Personal identifiers

Enter your personal information here. You will receive a registration confirmation shortly by email. Such email may have been considered as spam. If you do not find it in your inbox nor in your spam, please send an email to contact@upc-casalonga.eu.

(Your password must contain at least 6 characters.)

Required fields are indicated with a « * »


New visitor ?

Subscribe


[1-
The interim conference shall enable the judge-rapporteur to:
(e) where appropriate, issue orders regarding production of further pleadings, documents, experts (including court experts), experiments, inspections, further written evidence, the matters to be the subject of oral evidence and the scope of questions to be put to the witnesses;

[2-
2. The oral hearing shall consist of:
(b) the hearing of witnesses and experts under the control of the presiding judge.