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One of the oldest forms of taking evidence in court is presenting witnesses. In the UAE, witnesses are subject to the following jurisdictions:
- Federal Decree No. 35 of 2022 on the Promulgation of the Law on Evidence in Civil and Commercial Transactions (evidence law) in a civil case, and
- Federal Act No. 38 of 2022 promulgating the Code of Criminal Procedure (criminal procedure) in criminal cases.
What is the role of a witness in a court case?
A witness is someone who has information about a court case and is called to share that information with the court. Statements made by witnesses in court are called testimony.
It is well known that in order to support a claim in court, the plaintiff or defendant must present evidence to support their claim. Witness testimony is the primary source of evidence in court cases, whether civil or criminal.
When is a person told that he must testify in court?
Under the Evidence Act (section 74), witnesses have the right to be notified at least 24 hours before the scheduled hearing date of the case. This time does not include time lost due to distance. Section 173 of the Criminal Procedure Code also provides for notification of witnesses at least 24 hours before the date of the hearing.
If a person is a witness, what details should he provide?
If a person is a witness in their case, he should disclose his relationship to the client (section 71 of the Evidence Act). He will also be required to submit his identity details such as name, age, occupation, domicile, etc. (section 89 of the Code of Criminal Procedure).
Can a witness refuse to appear in court?
A witness may refuse to appear in court if he has a valid reason for his absence. Section 75, paragraph 2, of the Evidence Act allows the supervising judge to record the statements of such witnesses in their presence. Similarly, Articles 92 and 176 of the Criminal Procedure Law stipulate that witnesses who are ill or who have justified their refusal to appear in court can be recorded at their residence.
What if a witness fails to comply with a subpoena without good reason?
If a witness fails to testify without justified reasons, the witness shall be fined in accordance with Article 74 of the Evidence Law and Article 174 of the Criminal Procedure Law. Witnesses who fail to appear in court after being fined the first time will be fined again, which may lead to arrest in some cases.
Can a witness not answer questions?
Witnesses may not answer the following questions:
- self-incrimination [Article 78(3), Evidence Law]
- irrelevant to the case [Article 78(4), Evidence Law, Article 169(2) Criminal Procedure]
- Violation of law, public order or morals [Article 78(4), Evidence Law]
- may intimidate a witness or disturb his mind [Article 169(3), Criminal Procedure]
Can witnesses claim protection or keep their identity confidential?
Under Article 84 of the Evidence Act, witnesses have the right to innocence and the court can prevent witnesses and their testimony from being influenced or intimidated by anyone.
Why are witnesses required to take oaths?
Taking an oath before giving testimony ensures that witnesses only tell the truth. By law, witnesses are obliged to take an oath.
In civil cases, the oath shall be made in accordance with the provisions of Article 76, paragraph 4, of the Evidence Law, but witnesses may refrain from taking the oath, provided they have justified reasons. [Article 75(1), Evidence Law].
In criminal cases, witnesses over the age of 15 should take an oath in accordance with the provisions of Article 89 of the Criminal Procedure Law. Witnesses under the prescribed age do not take an oath and appear in court as required.
On what grounds can a witness ask for fees?
Under section 85 of the Evidence Act, a witness may claim costs if his or her presence in court disrupts his normal activities. Witnesses may also apply for fees for their appearances under article 93 of the Code of Criminal Procedure.
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