What are the modes of evidence in a civil trial?

Verified 20 February 2026 - Public Service / (Prime Minister)

In a civil trial, the person who invokes a fact or the existence of a right must prove it. The evidence justifies the request for a part or to contradict the opponent's arguments. Evidence allows the judge to make his decision. The proof is made by any means. It can be a written statement, a testimony, etc. We present you the information you need to know.

The evidence is often a written document (contract, title deed, invoice...).) The original document must be produced. It is used to prove the existence of the commitment of the parties or the right of a person.

Electronic writing has the same value as paper writing.

When the reality of a fact or situation must be proven, the proof is made by any means (SMS, emails, screenshots, photographs...).)

The transcription in a minutes by a commissioner of justice a sound recording may be presented as evidence in a proceeding.

A private investigator's report is also a form of evidence admissible by the court.

Any evidence adduced in civil proceedings must have been collected in a loyal.

This evidence shall not not infringe on privacy or at professional secrecy (e.g. medical records).

It must not have been obtained by fraud, violence or theft. For example, in divorce cases, messages sent by a spouse to a third party are only allowed if the spouse had free access to them (social networks, mobile phone, online profiles, no password or known password...).)

Every person must be informed and consent before recording a discussion (by phone, video or face-to-face...).)

The GPS trackers and the computer snitches for example, are not fair evidence, just like the records (audio, video...)) without consent.

The judge checks the conditions for obtaining evidence, before holding it as evidence.

He can sometimes accept unfair evidence, whether it is indispensable.

In the course of legal proceedings, parties must produce the evidence necessary for their defense. There are many modes of proof.

Authentic deed

The authentic act is an act established by a public and ministerial officer (commissioner of justice, notary...).

For example, a certificate of ownership issued by a notary proves who owns a house.

The finding established by a commissioner of justice allows prove the reality of a situation (noise nuisance, damage to a car, departure of a spouse from the marital home...).) This document describes the material findings that the Commissioner of Justice will have personally do.

The authentic act is hardly contestable. It must be proved that the finding was not made by the public officer or that he did not draft the act.

Where a party invokes the falsity of an authentic instrument, it must initiate proceedings forforged inscription in court.

Deed under private signature

It's a written document without any particular shape, by the parties or by a third party.

It must be dated, signed and it engages those who have established it.

It can, for example, take the following forms:

The party claiming performance of a contract must provide proof of the existence of the contract and its content. This proof may be provided in original writing indicating the obligations of each party and including the signatures.

The act under private signature can also be countersigned by a lawyer. It then provides proof of the writing and signature of the parties, and is more difficult to challenge.

The judge assesses the probative force of these writings, i.e. their value as evidence.

Written or oral testimony

The testimony written or oral by a third party may be used in a proceeding.

The witness statement shall contain a statement of the facts at which he attended or personally observed. It is written, dated and signed by his hand. A photocopy of his identity document with his signature must be attached to his attestation.

A template is available online:

Template for witness attestation

The validity of the testimony is assessed by the judge.

Sometimes the testimony of a third party cannot be used. For example, a person under guardianship She can't testify, she can only make statements.

Evidence by testimony cannot always be used. A written document is thus mandatory to prove any legal act involving an amount greater than €1,500.

Warning  

Anyone who testifies to materially inaccurate facts shall be liable to a penalty of1 yearof imprisonment and €15,000 fine in the event of a complaint.

Proof by the index

Indications may be provided from which the judge may establish his intimate conviction.

It can be declaration of a person who cannot be heard as a witness (person under guardianship, minor, child of the spouses during a divorce).

The attitude of a party may also be a beginning of proof or confession. For example, the party who refuses to submit to genetic testing or to respond to the court summons.

The judge assesses the probative force of this index, i.e. its value as evidence.

The judge plays an important role in the search for evidence when a party is unable to obtain it on its own.

Measures of instruction entrusted to a technician by the judge

The judge may designate any person of his choice to enlighten him on an issue that requires a technical explanation. This may be, for example, a finding by a commissioner of justice, a consultation with a professional or a report an expert.

This technician is often a forensic expert.

Such measures of inquiry may be ordered at any stage of the proceedings, in a court decision. That is a decision before saying right because the judge has not yet decided the dispute.

The judge is not obliged to follow the technician's findings or conclusions in his decision-making.

Personal verification by the judge

The judge may make checks by itself, in the presence of the parties.

If he deems it necessary, he can make observations by traveling to the place, as in matters of bounding for example. Minutes shall be drawn up. It shall be brought to the attention of the parties.

If there is a dispute concerning an act under private signature, the judge may verify the writing or signature of the person who drafted the act. He may order the parties to produce any documents to compare and require them to write, under his dictation, lines of writing.

Personal appearance of the parties requested by the judge

The judge can do personally appear the parties or one of them. He shall fix the place, days and times of the personal appearance, unless he orders it on the day of the hearing.

The parties shall be interviewed in the presence of each other, unless the circumstances require that they be interviewed separately. They must be confronted if one of the parties so requests.

The party may be questioned in the presence of a technician and confronted with witnesses.

The party shall answer in person the questions put to it. A record of his statements, his failure to appear or his refusal to reply shall be drawn up. The minutes shall be signed by the party questioned.

FYI  

A witness who fails to appear, without lawful cause, or who refuses to speak or take an oath, may be sentenced to a civil fine of €10,000 maximum.

Hearing of third parties by the judge

The judge may proceed to the hearing of a person who is aware of the dispute and who can provide useful information. For example, he may hear the witness of a traffic accident, to enlighten him on the circumstances of the collision.

Request for production of evidence by the judge

Where a party is aware of evidence but does not have it, the judge may order the issuance of the document by an injunction to produce a document or document.

For example, the judge may order the tax authorities to issue a document establishing the financial assets of a party.

This injunction may specify a time limit and the conditions for communication. It may be accompanied by a on-call duty. The judge's decision is enforceable immediately.

FYI  

In case of difficulty or legitimate impediment (for example, a document covered by professional secrecy), the judge may modify or revoke his decision. The third party can do call of the amended decision in the 15 days of its pronunciation.

Judicial oath before the judge

The oath is a solemn declaration made personally before a judge, which may sometimes be ordered by him, in the absence of other evidence.

The judge shall fix the day, time and place where the oath is taken.

For the party who cannot travel to the hearing, the oath may be taken:

  • In front of a judge clerk and a clerk who go to the party's home for a fair hearing
  • Before the court of the party's place of residence.

In any case, the oath is taken with the other party present.

FYI  

A person who affirms under judicial oath facts that he knew were false is liable to a penalty of 3 years of imprisonment and €45,000 fine in the event of a complaint.

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