Witness testimony in the civil process

 

Often, in cases that lead citizens and companies between themselves (and against the state and municipalities), it is necessary to prove certain facts and circumstances with testimony. Usually, when documents are missing, the parties ask the court to allow witnesses to be questioned to help them substantiate their allegations.

 

Witness testimonies are permissible to prove any facts except as stated in the law, namely:

 

1. Establishment of legal transactions, for the validity of which a law requires a written act;

2. refutation of the content of an official document;

3. Establishment of circumstances, for the proving of which a law requires a written act, as well as for the establishment of contracts worth more than BGN 5,000 unless they are concluded between spouses or relatives in a straight line, collateral line up to the fourth degree and by marriage to a second degree inclusive;

4. repayment of monetary obligations established by written act;

5. Establishment of written agreements in which the party requesting the witnesses participated, as well as their amendment or cancellation;

6. Refutation of the contents of an outgoing private document.

 

However, in the last four of the assumptions referred to in this Article, testimony shall be subject to the express agreement of both parties. For example, it is generally unacceptable to establish contracts worth more than BGN 5,000 with testimony, but with the consent of the parties given to the court such testimony may be admitted. In other cases, certain additional circumstances make it possible to use witnesses in some of the situations referred to in Art. 164 CPC. For example, in cases where the law requires a written document, testimony may be admitted if it is proved that the document is lost or destroyed. The above-mentioned hypotheses limiting the use of testimony can not be extended by agreement between the parties.

 

It is important to allow witness statements to be made clear what facts and circumstances will be proven with them. This clarification is necessary in order to analyze whether the evidentiary claim is relevant, permissible and necessary according to the requirement. If this is not the case, testimony should not be allowed.

A witness can be any person, regardless of his or her age. But if a witness is a child, it is necessary to conduct a psychological expertise on the mental maturity of the child. Psychological expertise is also applied in all cases where there is doubt about the mental health of the witness, regardless of his or her age.

 

A party to the case or a proxy of one of the parties to the case can not be a witness at the same time. But a legal representative of a party (parent or guardian), including a manager of a company, may be a witness. No one has the right to refuse to testify, except for some persons expressly designated by the law - relatives of a party to the case. They may, by written request, declare that they do not wish to testify or to do so in court. On the other hand, if they testify, the possible interest of these persons as a factor for the credibility of the testimony is judged by the judge in the context of all the evidence, and their testimony is treated with caution.

 

Witness testimonies are presented orally, personally and before the judge in the case. It is inadmissible to use testimony collected in another case or given in writing.

 

Where witnesses are requested, the country shall indicate whether they will appear to testify under the terms of summons or terms of bringing. In the first case, in addition to the request for witnesses to the court, information should also be provided on the witness's full names and the exact address for the summons to be summoned, as well as the payment of a deposit from which the remuneration and possible costs of the witness are paid. The witness is called only after depositing the deposit, and if he does not appear for no good reason, he may be fined and even forced to be forced. If a witness is asked to be interviewed, the presence of the witness is provided by the party requesting it and is on its own account.

 

At the request of a party to the case, a judge may, at the discretion of the judge or at his own request, be again questioned on the same facts when it is established that the testimony is vague or incomplete. Where there is a conflict between the testimony of two witnesses or the testimony of a witness and the explanations of a party to the case concerning a certain fact or facts, the court may order an eye rate. Under this procedure, the court instructed the participants to stand against each other and reminding them of what they had said before asking them questions about the controversial fact.

 

The witness is constituted as such by the court with a ruling. Thus the court allows the use of witnesses