Evidence in Civil and Commercial Transactions

Article 76 — Article (76)

Part 5: Testimony Evidence · (Article (73

1.Testimony shall be given orally and may be given in writing with the permission of the court or the supervising judge, as the case may be. 2.Testimony shall be given in the presence of litigants. Every witness shall be heard in private without the presence of other witnesses who have not yet given testimony, except for considerable exigency. Defense witnesses shall be heard at the same hearing during which prosecution witnesses are heard, unless there is an impediment to the contrary. If the investigation is adjourned, the decision pronouncing the adjournment shall, in itself, serve as a subpoena to the present witnesses to appear at the next hearing, unless the court expressly exempted them from appearing. 3.The court may promptly hear the testimony of any witness present at its sole discretion, pursuant to the provisions of Clause (2) of this Article. 4.The witness shall take the following oath: "I swear by Almighty God that I will tell the truth, the whole truth, and nothing but the truth". The oath shall be taken, at the witness request, according to the rules of his religion or belief. 5.The absence of the litigant against whom the testimony is given shall not prevent the hearing of testimony, and he may review the witness hearing transcript.

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