If you are participating in civil or commercial procedures and need to apply for the relevant witnesses and appraisers to appear in court, the following information may help you to proceed more effectively. Please read carefully.
28.1. The Definition of Witnesses and Appraisers
A witness refers to a person who knows the relevant circumstances of the case other than the parties concerned. Under civil litigation law, a witness is not limited to an individual, but also includes organisations.
An appraiser is the person who is assigned or appointed by the public security judicial organ or an individual to use his own expertise and skills to analyze, judge and offerscientific opinions on the specialized issues in the case.
28.2.Basic Requirements for the Qualification of Witnesses and Appraisers in Court
A witness must be in control of his physical and mental abilities; a person who is unable to express himself coherently cannot act as a witness. A person who has no capacity or a limited capacity for civil acts may serve as a witness if his age, intelligence or mental health status is in accordance with the pending case. Witnesses who testify in court should objectively state the facts from their personal perception and should not guess, make assumptions or use commentary language.
An appraiser must be a skilled person who has the knowledge and skills to solve specific problems in the case. the involved authorities, groups, units, organizations, etc. cannot serve as appraisers; appraisers shall have no interest in the case, otherwise the parties shall have the right to apply for the appraisers’ withdrawal Appraisers shall be assigned or appointed by the public security judicial organ.
28.3. Notifications of Witnesses to Appear in Court
28.3.1. The application for witnesses to appear in court shall be made at least 10 days prior to the expiry date for evidence presentation to be approved by the people’s court;
28.3.2. The court shall examine the application of the parties and, if granted, will notify the witnesses before the hearing to appear in court and inform the witnesses of the right and duty of the testimony as well as the legal consequences of truthful testimony and perjury;
28.3.4. The judicial personnel and the parties concerned may inquire about the witnesses. The witness shall not attend the court hearing, during a witness examination, no other witness shall be present. When it necessary, the court will allow witnesses to confer.
28.4. Notifications of Appraisers to Appear in Court
If the parties concerned disagree with the appraisers’ opinions, or if the people’s court considers it necessary for the appraiser to appear in court, the appraisers will need to appear in court.
28.4.1. The appraisers have the obligation to receive the court’s notice and to appear in court on time;
28.4.2. The appraisers shall be subject to court arrangements;
28.4.3. The appraisers may accept inquiries from both parties under the arrangement of the court;
28.4.4. The appraisers objectively and truly expounds his opinions and reasons from a professional point of view.
28.5. The Consequences of not Appearing in Court
If a witness fails to appear in court without proper reasons, his written testimony will become inadmissible. If an appraiser refuses to appear in court after the notice from the people's court, his appraisal opinions will not be used as the basis for ascertaining the facts; the parties concerned may request the return of the appraisal fees.
