duties of a witness in court-A witness is someone who is asked to testify in court and who knows some relevant information about a connected crime. A witness has specific obligations in addition to rights since they play a significant part in the prosecution of criminal cases.
The testimony of witnesses becomes part of the evidence, which the court can accept or reject based on its relevance. UAE law has outlined specific circumstances in which a testimony might be rejected; for example, in cases of interest and animosity, it is the court’s duty to take such an issue into consideration.
This article mainly focus on the rights and responsibilities of a witness in UAE.
Rights of a witness in UAE Courts
- The witness is an individual who assists the judiciary in proving facts that help in settling cases and achieving justice. Hence it is only logical to treat such an individual in a manner that suits their status.
- The witness should not be harmed because of their testimony.
- Provide appropriate seating for the witness.
- Provide protection for the witness upon arrival as well as during their testimony.
- If the witness has a valid reason for not testifying at the courts, the court can deputize one of the judges to hear the testimony at Witness’ residence after fixing the time and place. The litigants must be informed about details of such arrangements.
- If the witness resides in an area outside the spatial jurisdiction of the court and is hard to reach, the court can deputize a court with jurisdiction, upon the request of the court or the litigants, to hear the testimony and authenticating it according to legal procedures.
- The testimony is read to the witness or he/she is allowed to read it and make the necessary changes before signing it. If the witness refuses to sign the testimony, it must be mentioned on the session record along with the reason for not doing so.
Witnesses are one of the important elements that look at lawyers in Dubai and all over the world.
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Duties of a witness in UAE Courts
- Giving a testimony is dependent on honesty and conscientiousness; therefore the witness must perform this task truthfully and state all facts known and bears all consequences of their testimony. For anyone who knowingly gives a false testimony for any judicial procedure that may affect such procedures fundamentally, they are said to have committed perjury, which is punishable by law.
- The witness is questioned by the court. The witness first answers the questions of the opponent who asked for their testimony and then the questions of the party in whose favor they are testifying. Once the opponent has finished questioning the witness, they may not be cross examined again unless the court allows so.
- If the opponent’s witness is not present or was not asked to be present at the hearings, the court can compel the witness to be present for the coming hearings. If they fail to comply, their right to testify becomes void and is punishable by law.
- If a witness refrains from appearing before the court, the circumstances are considered and the witness is mandated to testify 24 hours prior to the set hearing date with exceptions. In summary cases, upon a court order, the court can mandate an electronic testimony through the concerned section.
- If the witness was rightly mandated to appear before court but failed to do so, the court will impose a legal fine. The fine would be mentioned in the hearing record and shall not be contested. In case of extreme emergencies, the court may subpoena the witness; otherwise the witness is re-commissioned to attend the hearing and bears the expenses for the said re-commissioning. Once a fine is imposed on the witness, it may not be contested and the court can subpoena the witness. If the witness appears before the court and explains the reason for not appearing, the court may dismiss the witness.
- The witness must answer all questions deemed appropriate by the court to prove the truth.
- The testimony is given orally and no written notes may be used without the permission of the specialized court.
Frequently Asked Questions About the Duties of a Witness in UAE Courts
1-What is the role of the witnesses in court?
An individual who has knowledge that could be helpful in a case being heard in court is referred to as a witness. Evidence is what we would label this data. Giving testimony is also known as testifying.
2-What are the obligations of a witness?
- obligation to show up for testimony.
- responsibility to be honest.
- evaluation of credibility
- family members’ right to decline testifying.
- Right to decline giving a testimony in order to avoid being implicated.
- The one exception is taking an oath.
- witness safety.
- travel costs and income losses.
3-How can you prove a witness is not credible?
A witness’s untrustworthiness might be demonstrated to jurors in one of main methods:
- contradictory remarks.
- a bad reputation for lying.
- Perceptional flaws.
- Prior convictions for crimes that indicate dishonesty or deceit,
4- What is the most important responsibility of a witness?
You might be crucial to the prosecution of the case if you were a victim of the crime or a witness to it. Giving information and specifics about what you saw is a crucial step in the legal process; without it, a successful prosecution would be impossible.
The best law firm in Dubai works to clarify the rights and duties of the witnesses, the victim, and the plaintiff in court.