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Bearing witness is compulsory ?

Started by admin, November 28, 2018, 10:55:33 PM

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Bearing witness (*) is compulsory ?

Yes, it is. The witness by law required to come to court upon request , testify on what he/she knows and take the oath to tell the truth. In exceptional circumstances thos who are enumerated in the law are entitled to restrain from bearing witness. This matter shall be explained below.

What is Witness?

The term witness stands for those who are known to have information on an incident but are not party to a litigation.

What if I were summoned on a matter I have no information about.

In that case, you need to explain yourself to the court that you have no information about the case and take an oath if you required.

What if I don't appear in the court?

In such case you might be forced to appear in the court by the police and required by the court to pay the expences made due to the delay you caused and you might even be sanctioned to the disciplinary incarceration.

What if I m really not in a position to appear in the court?

You must explain yourself to the court in written immidiately. In the notification you have served there must be file and docket number of the case. You need to right a petition to the court summoned you. But, remember not all kind of excuses are acceptable. Such excuses as ' Im busy' or 'I have a rendes-vous' would not be welcomed as sensible excuses.

I'm very busy, could I go to court registry beforehand and have my statements taken?

No, Witnesses must be heard by the court, you are not allowed by law to have your statements written in the registry in a day before the date set by the court.

I will appear in the court what I need to do ?

There must be the name of the court and the time and day you are summoned in the invitation you served. I would suffice you to be there in that time. When the moment of your testimony cames the bailif would cry your name. Do not get in the court room before you have been called.

Why am I not allowed to watch the hearing?

Witness is expected to be impartial and to tell the truth, in case you watch the hearing you might possible be effected or distracted by what you have heard therefore you need to wait ourside untill your turn comes. Witnesses are heard seperately but could be bring together compare the conflicting statements where necessary.

What am I required to do in the course of the hearing?

Remember taking your ID with you. When you are called in the courtroom your identification would be asked and recorded thereafter you are to be asked whether you know the parties to the case and whether you have any involvement whatsoever to the case. Answer these questions correctly. Remember the false testimony is a crime. If you know the parties or you any involvement to the case or any benefit therefrom whatsoever please explain it to the court beforehand.

What I need to say?

Tell everything you know in a clear and concise way. Please tell before hand if tell those you believe are true but you did not witnessed. For instance if you are a witnesse in a divorse case and you are asked " Was Ahmet beating his wife" do not reply as " yes he was beating his wife" reply instead as " I was told by his neighbours that he was beating his wife"

What if I lie?

Perjury and false statement are crimes. In case the court believe that you were lying it would inform the prosecution office. You might well be sentenced to a time in prison and this would be registered you your criminal record. In case where the perjury revealed after the court adjourned and the verdict was rendered the court would retry the case. Beside the prison you might facea compansation claim.

Can I give my statement in written?

No, you need to appear in the court and reply the questions of the judge verbally. But in such technical questions or those about the digits you might ask permission to do so.

If you stayed back of your business schedule and spent money for transportation

You are entitled by law to get paid for the time you spent this to be decided by the court and you are as well have right to be paid for your travel expenses.

Can I go to notary instead of the court?

No. Testimony before the notary can not be replaced the testimony before the court.