How to give testimony in a civil trial?

Verified 05 June 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

In a civil lawsuit, it may be necessary to call one or more witnesses to prove facts. The witness may be heard orally by the judge at the civil hearing. He may also give evidence by attestation written surrender to one of the parties to the trial. We present you the information to know.

Oral testimony

Testimony is the fact that a person testifies before the judge about what he saw or heard.

The judge may order, in any field, the personal appearance of parties or any of them before him, if he considers it necessary in a trial.

The judge may also hear any person whose hearing may be useful for the manifestation of the truth.

Any person may be heard as a witness, except persons who are unable to testify in court.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Adult person

Any adult who has a knowledge of facts or events may be heard by the judge. She must have witnessed these facts or witnessed them personally, i.e. seen and/or heard something.

An adult may also make statements in a case in which he or she is not directly involved (e.g. witness of a traffic accident).

In some cases, the adult may request to be dispensed to draw up a certificate if it has a legitimate reason. Some professions may be concerned (e.g. priest, notary). The person must then send a letter to the judge indicating the reasons and justification for the request for exemption. It's the judge who decides to accept or refuse his request.

A person of full age may refuse to testify by being a parent or ally direct line or the spouse, even divorced from a party to the trial. For example, ascending, descendant, husband or ex-husband, partner of Civil partnerships or partner, mother-in-law, father-in-law, sister-in-law, brother-in-law.

Please note

He is you can't testify on your own account to constitute proof for oneself.

Minor person

A minor (under the age of 18) cannot be heard as a witness.

However, the judge may personally summon a minor and question him or her, adapting to what he is able to understand and say. It must also provide that it is accompanied by a legal representative (mother, father...).)

The minor is heard and makes statements, but without taking an oath (i.e. « swear to tell the truth »=.

FYI  

The minor can never be heard on the grounds and grievances (reproaches) in the divorce proceedings of his parents.

Person prohibited from civil, civil and family rights

One person, sentenced to a ban on civil, civil and family rights by criminal decision (e.g. conviction for rape of a minor, murder) cannot be heard as a witness.

However, it may make statements before the judge without taking an oath, i.e. without « swearing to tell the truth ».

This person may be heard and she is informed by the judge of her obligation to tell the truth.

Person placed under the protection of adults (guardianship, curatorship...))

The judge may personally summon a person under the protection of adults. It must also provide that the person is accompanied by a person who assists (tutor, curator...).)

The judge can question him in adapting to what she is able to understand and say.

The person under the protection of adults may be heard and make statements, but without taking an oath (i.e. « swear to tell the truth »). She's not not heard as a witness.

Representative of a legal person (company, association...))

The judge may hear a legal person represented by a qualified person, including public authorities and public institutions. For example, a company is represented by its chief executive officer, an association by its president.

The judge may also summon a member or a agent of a legal person to be questioned about personal facts or those he has known professionally.

The judge may personally call the parties or one of them. The judge shall fix the place, day and time of the personal appearance or shall immediately hear one or more parties present at the hearing.

The parties to the trial (applicant or defendant) may request the judge may hear persons whose testimony appears to them to be necessary or useful for the manifestation of the truth.

Where representation by counsel is mandatory, the request shall be made by the party's counsel.

In a procedure where the lawyer is not mandatory, the request is made by query filed by the party with the judge.

The judge may accept or refuse to hear a witness if he considers that his hearing is useful or not to the solution of the litigation.

The witness shall be summoned by the clerk of the court and shall be summoned at least 8 days before the date of his hearing.

Persons who are third parties to the trial (neither plaintiff nor defendant) are informed of the date of the summons by registered mail with acknowledgement of receipt.

The parties to the trial shall be informed of the date of summons during the hearing or by simple letter.

The summons must include the first and last names of the parties at trial, the mention of the obligation to testify and the penalties provided for in the event of failure to appear or refusal to take an oath.

In the event of a summons to appear before the court, the witness must must appear in person, except in case of impediment for a legitimate reason (illness, hospitalization...).)

If he doesn't show up, he may be quoted to appear before the court, at its expense, by a Commissioner for Justice.

The judge makes swear an oath the witness to tell the truth. The refusal to take oath shall be punished by a civil fine of €10,000 maximum.

The judge reminds the witness of the sanctions provided for in the case of a false testimony.

The person being heard without taking an oath (for example, a minor, an adult under the protection of adults), is informed that she is forced to tell the truth.

Testimonies are given separately and in the order decided by the judge, in the presence of the parties.

The witness must give his name, first name(s), date and place of birth, address and profession. He must indicate whether he is related, ofalliance or subordination, collaboration or community of interest with one of the parties.

The witness is questioned by the judge who is free to choose the questions.

The parties cannot interrupt, interrupt or seek to influence the witness.

If a party has questions for the witness, they will forwards them to the judge, who may ask them himself or decide not to.

The witness does not cannot rely on a text prepared in advance to answer.

A Minutes the witness's testimony or refusal to answer is drawn up.

After reading, the witness the sign. If he refuses to sign it, the refusal is mentioned on the minutes.

The judge may include in the record his or her findings concerning the witness's conduct and the parties' submissions.

Testimonies may be done in the presence of a technician (forensic expert or any other qualified person). He is appointed by the judge and summoned to provide a technical analysis during the hearing of the witness (for example, an automotive expert in a traffic accident.

After his hearing, the judge may ask the witness to remain at the disposal of the court in case of additional questions.

FYI  

The statements made by a party, his refusal to reply or his absence from appearance may be considered by the judge as a commencement of evidence in writing.

The fact, without a legitimate reasonnot to appear at the hearing or to refuse to testify or to take an oath shall be punished by a civil fine of not more than €10,000.

The false testimony is a false testimony under oath. It's a offense which is punished by 5 years of prison and €75,000 of fine.

The untruthful testimony may be motivated by a gift, a reward or a criminal act. In such cases, it is an offense punishable by aggravated penalties of 7 years of prison and €100,000 of fine.

The judge may authorize the witness who so requests to receive compensation upon presentation of supporting documents.

The witness may claim the following compensation:

  • Appearance allowance, including compensation for loss of wages
  • Daily subsistence allowance
  • Travel allowance (train, fuel and toll...). charges)

The claim for compensation must be filed with the Registrar at the hearing.

The person accompanying a minor witness may claim an attendance allowance as well as compensation for loss of wages.

The third party accompanying the sick or infirm witness may claim compensation for his appearance and loss of salary.

FYI  

A witness who does not have enough income to pay for his or her trip to the hearing may request a down payment on the future compensation to be paid to the president of the court on which his or her domicile depends.

Written testimony

Written testimony is called witness certificate or testimonial evidence.

It is the most common form of evidence.

A certificate may be issued at the request of a party to the trial (applicant or defendant) or the judge.

Anyone who has knowledge of facts or events may testify in writing. She must have witnessed these facts or witnessed them personally, i.e. she must have seen and/or heard something.

By exception, some people have no right to testify in writing.

There are different cases depending on the person concerned:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Adult person

The person who is obligation of professional secrecy cannot attest to his profession, for example, doctor, lawyer, notary, accountant.

If the adult is a close relative of one of the parties to the trial (ascending, descendantshe ...), must indicate her family relationship. The judge shall consider the value and scope of this certificate, taking into account the links between them.

Minor person

A minor (under the age of 18) cannot write a certificate as a witness.

Person concerned by a ban on civil, family and civil rights

One person,sentenced to a ban on civil, civil and family rights by criminal decision (e.g. conviction for child rape, murder) can't write a certificate as a witness.

Person placed under the protection of adults (guardianship, curatorship...))

A person under the protection of adults cannot not write a certificate as a witness.

Representative of a legal person (company, association...))

One legal person is always represented by a natural person. For example, a company is represented by its CEO, an association is represented by its president...

The representative of the legal person, public authorities and public institutions and their members or agents may draw up certificates as a witness.

FYI  

If the judge considers it necessary, he may summon the author of an attestation for a hearing at a hearing.

The certificate must contain the surname, first name(s), date and place of birth, address and profession of the person writing.

It must indicate whether there is a family relationship,alliance or subordinationcooperation or community of interest with one of the parties to the proceedings.

It shall contain the declaration on facts or events of which the author is personally aware.

This certificate indicates that it is established for its production in court and that its author is aware that a false attestation the exposure to criminal sanctions.

It must be written, dated and signed by the author of the declaration.

The original or copy ofan identity document with signature must be attached to the certificate (e.g. identity card, passport, residence permit).

The attestation can be made on free paper or with the following form:

Template for witness attestation

The judge appreciates the value of the witness certificate produced at the proceedings. This is also the case if the witness statement does not contain the required information.

The fact ofissue a certificate containing inaccurate facts is a offense punishable by 1 year in prison and €15,000 of fine.

The penalty is increased to 3 years in prison and €45,000 a fine where the offense is committed in order to damage the public treasury or the assets of a third party.

Who can help me?

Find who can answer your questions in your region

    • accès

      For more information on this subject, you can contact Allô Service Public.

      Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you belong to the Department of Justice.

  • Legal permanence
  • House of Justice and Law

FAQ