This article focuses solely on the procedures for questioning during civil trial proceedings. This stage is crucial for clarifying the facts of the case, therefore the Question-and-Answer process must be carefully prepared. (Defense counsels, protectors of rights and interests, and representatives should prepare a list of questions in advance).
Order and Principles of Questioning at Trial
1. After hearing the statements of the litigants, pursuant to Article 248 of the Civil Procedure Code 2015 and under the direction of the presiding judge, the order of questioning shall be as follows:
a) The plaintiff, followed by the protector of the plaintiff’s lawful rights and interests; next, the defendant, followed by the protector of the defendant’s lawful rights and interests; then, any persons with related rights and obligations, and their lawful representatives or protectors of rights and interests;
b) Other participants in the proceedings;
c) The presiding judge and the people’s jurors;
d) The procurator participating in the trial.
2. Questions must be clear and serious, not repetitive, and must not be used to infringe upon the honor or dignity of the participants in the proceedings.
Questioning the Plaintiff
1. Where there are multiple plaintiffs, each must be questioned separately.
2. Questions may only be directed to issues that the plaintiff or the protector of the plaintiff’s lawful rights and interests have not clearly presented, or where there are contradictions between their statements, prior testimony, or with the statements of the defendant, related parties, or their protectors.
3. The plaintiff may answer personally, or the protector of their lawful rights and interests may answer on their behalf, after which the plaintiff may provide additional clarification.
Questioning the Defendant
1. Where there are multiple defendants, each must be questioned separately.
2. Questions may only be directed to issues that the defendant or the protector of the defendant’s lawful rights and interests have not clearly presented, or where contradictions exist between their statements, prior testimony, or with the claims or statements of the plaintiff, related parties, or their protectors.
3. The defendant may answer personally, or the protector of their lawful rights and interests may answer on their behalf, after which the defendant may provide additional clarification.
Questioning Persons with Related Rights and Obligations
1. Where there are multiple such persons, each must be questioned separately.
2. Questions may only be directed to issues that they or their protectors of lawful rights and interests have not clearly presented, or where contradictions exist between their statements, prior testimony, or with the claims or statements of the plaintiff, defendant, or their protectors.
3. Such persons may answer personally, or the protector of their lawful rights and interests may answer on their behalf, after which they may provide additional clarification.
Questioning Witnesses
1. Before questioning a witness, the presiding judge must ascertain the witness’s relationship with the litigants. If the witness is a minor, the presiding judge may request the assistance of a parent, guardian, or teacher. Where there are multiple witnesses, each must be questioned separately.
2. The presiding judge shall request the witness to clearly present the facts of the case known to them; after the witness has finished, further questions may only address unclear, incomplete, or contradictory points, whether with their prior testimony or with the statements of litigants and their protectors.
3. After testifying, witnesses must remain in the courtroom in case further questioning is required.
4. Where necessary to ensure the safety of witnesses and their relatives, the Trial Panel may decide not to disclose identifying information of the witness and may take measures to prevent other participants from seeing them.
5. Litigants and their protectors of lawful rights and interests may question witnesses with the consent of the presiding judge.
Legal basis: Articles 249, 250, 251, 252, and 253 of the Civil Procedure Code 2015.
