| | CFIR-68 (Rules of Procedure)Witnesses and expert procedure    
| CFI (Rules of Procedure) | Article 68 | 1. The Court of First Instance may, either of its own motion or on application by a party, and after hearing the Advocate General and the parties, order that certain facts be proved by witnesses. The order shall set out the facts to be established.
The Court of First Instance may summon a witness of its own motion or on application by a party or at the instance of the Advocate General.
An application by a party for the examination of a witness shall state precisely about what facts and for what reasons the witness should be examined.
2. The witness shall be summoned by an order containing the following information:
(a) the surname, forenames, description and address of the witness;
(b) an indication of the facts about which the witness is to be examined;
(c) where appropriate, particulars of the arrangements made by the Court of First Instance for reimbursement of expenses incurred by the witness, and of the penalties which may be imposed on defaulting witnesses.
The order shall be served on the parties and the witnesses.
3. The Court of First Instance may make the summoning of a witness for whose examination a party has applied conditional upon the deposit with the cashier of the Court of First Instance of a sum sufficient to cover the taxed costs thereof; the Court of First Instance shall fix the amount of the payment.
The cashier of the Court of First Instance shall advance the funds necessary in connection with the examination of any witness summoned by the Court of First Instance of its own motion.
4. After the identity of the witness has been established, the President shall inform him that he will be required to vouch the truth of his evidence in the manner laid down in paragraph 5 of this Article and in Article 71.
The witness shall give his evidence to the Court of First Instance, the parties having been given notice to attend. After the witness has given his main evidence the President may, at the request of a party or of his own motion, put questions to him.
The other Judges and the Advocate General may do likewise.
Subject to the control of the President, questions may be put to witnesses by the representatives of the parties.
5. Subject to the provisions of Article 71, the witness shall, after giving his evidence, take the following oath:
‘I swear that I have spoken the truth, the whole truth and nothing but the truth.’
The Court of First Instance may, after hearing the parties, exempt a witness from taking the oath.
6. The Registrar shall draw up minutes in which the evidence of each witness is reproduced.
The minutes shall be signed by the President or by the Judge-Rapporteur responsible for conducting the examination of the witness, and by the Registrar. Before the minutes are thus signed, witnesses must be given an opportunity to check the content of the minutes and to sign them.
The minutes shall constitute an official record. |
| Case | Pte | Ref | Text | T-104/04
Adviesbureau Ehcon | 88-89 | CFIR-68.1 | 88. Accordingly, the application must be dismissed in its entirety, as in part inadmissible and in part manifestly unfounded.
89. It is therefore unnecessary to grant the applicant's request that Mr Trouwborst, Mr Brinkman and Mr Söderman be called as witnesses. In any event, it must be stated that that request does not state precisely about what facts or for what reasons those witnesses should be examined, and that it therefore does not fulfil the requirements laid down in the second subparagraph of Article 68(1) of the Rules of Procedure. |
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