Regulations on Taking Statements in Civil Proceedings
- Taking Statements from the Parties
The Judge shall only take statements from a party if the party has not yet submitted a written statement or if the written statement is incomplete or unclear. The party must prepare his or her own written statement and sign it. Where the party is unable to prepare the written statement, the Judge shall take the party’s statement. The taking of statements shall focus only on matters that are incomplete or unclear. The Judge or the Court Clerk shall record the statement in minutes. Statements of the parties shall generally be taken at the Court’s office; however, where necessary, they may also be taken outside the Court’s office.
The minutes of the statement must be read by the party giving the statement or read aloud to them, and signed or fingerprinted by such party. The party has the right to request corrections or additions to the minutes, which must then be confirmed by signature or fingerprint. The minutes must also bear the signatures of the person taking the statement, the person recording the minutes, and the seal of the Court. If the minutes comprise multiple pages, each page must be signed and sealed across pages. Where the minutes of the statement are prepared outside the Court’s office, they must be witnessed or certified by the Commune-level People’s Committee, the Commune Police, or the competent agency or organization where the minutes are taken.
The taking of statements from a party who falls under the cases specified in Clauses 4 and 5, Article 69 of the 2015 Civil Procedure Code must be conducted in the presence of the lawful representative of that party.
- Taking Statements from Witnesses
At the request of the parties or where deemed necessary, the Judge shall take statements from witnesses either at the Court’s office or outside the Court’s office.
Prior to taking statements, the Judge must explain the rights and obligations of the witness and require the witness to pledge the truthfulness of his or her testimony.
The procedure for taking statements from witnesses shall be conducted in accordance with the procedure for taking statements from the parties as set out in Clause 2, Article 98 of the 2015 Civil Procedure Code.
The taking of statements from witnesses under eighteen years of age, persons with restricted legal capacity, or persons having difficulties in cognition or behavior control must be conducted in the presence of their lawful representative or the person responsible for their care and supervision.
- Confrontation
At the request of the parties, or where contradictions in the statements of the parties or witnesses are identified, the Judge shall conduct a confrontation between the parties, between a party and a witness, or between witnesses.
The confrontation must be recorded in minutes and signed or fingerprinted by the persons participating in the confrontation.
Legal basis: Articles 98, 99, and 100 of the 2015 Civil Procedure Code.
