Casalonga UPC rules of procedure
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Rule 188Hearing of a court expert

Rules 178 to 180 shall apply mutatis mutandis to a court expert.
[Rule 178 [1] , Rule 179 [2] , Rule 180 [3]]

Rule 178 – Hearing of witnesses [4]
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1. After the identity of the witness has been established and before hearing his evidence, the presiding judge shall ask the witness to make the following declaration:
"I solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth."
2. The witness shall give his evidence to the Court.
3. The hearing of a witness who has signed a written witness statement shall begin with the confirmation of the evidence given therein. The witness may elaborate on the evidence contained in his written witness statement.
4. The presiding judge and the judges of the panel may put questions to the witness.
5. Under the control of the presiding judge, the parties may put questions to the witness. The presiding judge may prohibit any question which is not designed to adduce admissible evidence.
6. With the consent of the Court a witness may give evidence in a language other than the language of proceedings.

1. Witnesses who have been duly summoned shall obey the summons and attend the oral hearing.
2. Without prejudice to paragraph 3, if a witness who has been duly summoned fails to appear before the Court or refuses to give evidence or to make the declaration referred to in Rule 178.1, the Court may impose upon him a pecuniary sanction not exceeding EUR 50.000 and may order that a further summons be served at the witness’s own expense. The Court may send a letter rogatory to the competent national court pursuant to Rule 202.
3. Nobody shall be obliged to sign a written witness statement or to give evidence at an oral hearing if he is a spouse, partner equal to a spouse under applicable national law, descendant, sibling or parent of a party. A witness may also refuse to answer questions if answering them would violate a professional privilege or other duty of confidentiality imposed by the national law applicable to the witness or expose him or his spouse, partner equal to a spouse under applicable national law, descendant, sibling or parent to criminal prosecution under applicable national law.
4. The Court may decide to report to the competent authorities of the Contracting Member States whose courts have criminal jurisdiction in case of the giving of false evidence on the part of a witness.

1. A witness shall be entitled to reimbursement of:
(a) expenses for travelling and stay; and
(b) loss of income caused by his hearing in person.
After the witness has carried out his duties and upon his request, the Registry shall make a payment to the witness towards the expenses incurred.
2. The Court shall make the summoning of a witness conditional upon the deposit by the party relying on the witness of a sum sufficient to cover the expenses referred to in paragraph 1.

(1) Without prejudice to the possibility for the parties to produce expert evidence, the Court may at any time appoint court experts in order to provide expertise for specific aspects of the case. The Court shall provide such expert with all information necessary for the provision of the expert advice.
(2) To this end, an indicative list of experts shall be drawn up by the Court in accordance with the Rules of Procedure. That list shall be kept by the Registrar.
(3) The court experts shall guarantee independence and impartiality. Rules governing conflicts of interest applicable to judges set out in Article 7 of the Statute shall by analogy apply to court experts.
(4) Expert advice given to the Court by court experts shall be made available to the parties which shall have the possibility to comment on it.