Evidence in Civil and Commercial Transactions

Article 78 — Article (78)

Part 5: Testimony Evidence · (Article (73

1.Parties to the case or their attorneys may directly pose questions to the witness, provided that such questions are relevant to the case and useful for revealing the truth. The witness shall first answer the questions asked by the party who asked him to testify then the questions of the other party, and the party who questioned him first may question him again. Once the party has completely examined the witness, the witness may be asked new questions only under the permission of the court. 2.The litigant may examine the witness in order to show his bias towards, relationship or friendship with one of the parties, or his credibility or his interest in the ultimate outcome and result of the case in question and whether he has been convicted of a felony or a crime involving moral turpitude or breach of trust. 3.In all cases, the witness may abstain from answering any question where the underlying purpose of which is to make him confess a crime committed by him or to compel him to be a witness against himself. 4.The court or the delegated or supervising judge may, either sua sponte or upon a request by the litigant, prevent questions from being addressed to the witness if the same were irrelevant to the subject matter of the case, intended to needlessly prolong the litigation process or inadmissible on the grounds of being in violation of the laws of the State, public order or ethics. In all cases, the judge shall keep the witness protected from any gesture or statement, whether implicit or explicit, which may result in thought disorder or frighten or abuse him. 5.The court or the delegated or supervising judge, as the case may be, may directly address to the witness any questions deemed useful for revealing the truth. Testimony shall be given orally and no written testimony shall be admitted unless authorized by the court or the delegated or supervising judge and where the case nature so requires. If the witness drops a particular matter that needs to be answered, the court or the delegated or supervising judge shall ask him about the same.

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