Evidence in Civil and Commercial Transactions

Article 83 — Article (83)

Part 5: Testimony Evidence · (Article (73

1.Whoever fears to lose the opportunity for having a witness testify in respect of a matter not yet brought before the court but is likely to be brought subsequently, may raise a motion, vis-à-vis all parties involved, that this witness be heard. The motion shall be raised in a paper or electronic format on summary proceedings to the competent court, in accordance with the governing procedures. In case of necessity, the court shall hear the testimony of the witness where the incident in question is one that may be established by way of witness testimony. 2.The court may hear defense witnesses, based on the other litigant's request, to such an extent required by the urgency of the case. 3.Other than the above-mentioned matters, the governing rules and procedures shall apply to the testimony. In this case, a copy of the testimony hearing report may neither be delivered nor be submitted to the court unless the trial court, while considering the same, decides that the incident in question can be proven by way of witness testimony. In addition, the litigant may object before this court as to the admission of such evidence, and may request hearing defense witnesses in his own favor.

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