Evidences in a civil suit

Question 1

Evidences in civil suit

Answer 1

 With the view to ascertaining the relevant
facts of a case the court shall order the
taking of evidence.
 Means of proof shall, in particular, include
testimonies, opinions of experts, inspections,
documents and other physical evidence.

Question 2

May not be heard as witness:

Answer 2

 Any person who cannot be expected to provide a
correct testimony due to some physical or mental
disability may not be summoned to testify.
 The witness, unless exempted from the obligation of
confidentiality, shall not be questioned in respect of
any subject that is treated as classified information.
The obligation of confidentiality shall remain in force
after the termination of the underlying relationship.

Question 3

Giving testimony may be refused:

Answer 3

 a) by any close relative of the parties;
 b) any person whose testimony would implicate himself or his
close relative referred to in in the commission of crime, to the
extent covered by that subject;
 c) by attorneys, doctors and other persons bound to
confidentiality stemming from their profession, if their testimony
would entail their having to breach the obligation of
confidentiality, except if the concerned party granted an
exemption from this obligation;
 d) persons bound to keep business secrets in respect of the
subjects if their testimony would entail their having to breach
the obligation of confidentiality.

Question 4

Veterinary expert

Answer 4

preliminaries:
 professional knowledge (degree)
 clean criminal record
 special exam
 membership in the Chamber of forensic experts
 membership in the professional (e.g. veterinary)
chamber
 opinion of the Minister of the professional field
(e.g.: M of agriculture)
 opinion of the employer

Question 5

Refuse:(vet expert)

Answer 5

 reason for exclusion
 not his professional field
 other duties
 health status
 deadline

Question 6

Common mistakes:(vet expert)

Answer 6

 not up to date methods
 definite without reason
 giving opinion in questions beyond his
competence
 true statement but not justified/explained enough
 not taking into account the specialities of the
case, stereotyped
 not clear enough to everybody
(e.g. professional terms without explanation)
 not keeping the deadline (may ask for postpone)