Proceedings
Civil Procedure
Application for Evidence
Proceedings
Application for Evidence
Application for Witness
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Application for Witness Submission
In order to apply for witness examination, the witness must be applied for in accordance with the following form prior to the hearing date. For each witness, the application should clearly state in advance the purpose of the witness and the relationship with the party. It should also indicate whether the witness will appear in court as well as the witness’s telephone number.
If the witness will appear in court, the witness statement or the witness examination details as set by the court must be submitted within the time set by the court. The witness statement must be submitted in the number of copies equaling the number of the opposing party plus two. The witness examination details must be submitted in copies equaling the number of the opposing parties plus 3. If the court has decided to take a witness the applicant must make deposit to the court (to the staff in charge of court payments) the evidence examination costs (compensation, travel and lodging expenses) prior to the evidence examination date.
If the evidence examination costs were not deposited, the witness examination may not take place, and even if the application has brought the witness in person, the associated expenses may not be paid directly. However, in the event the accompanying witness signs a statement of waiver regarding expenses and others, the duty to deposit the expenses will be waived.
In order to apply for witness examination, the witness must be applied for in accordance with the following form prior to the hearing date. For each witness, the application should clearly state in advance the purpose of the witness and the relationship with the party. It should also indicate whether the witness will appear in court as well as the witness’s telephone number.
If the witness will appear in court, the witness statement or the witness examination details as set by the court must be submitted within the time set by the court. The witness statement must be submitted in the number of copies equaling the number of the opposing party plus two. The witness examination details must be submitted in copies equaling the number of the opposing parties plus 3. If the court has decided to take a witness the applicant must make deposit to the court (to the staff in charge of court payments) the evidence examination costs (compensation, travel and lodging expenses) prior to the evidence examination date.
If the evidence examination costs were not deposited, the witness examination may not take place, and even if the application has brought the witness in person, the associated expenses may not be paid directly. However, in the event the accompanying witness signs a statement of waiver regarding expenses and others, the duty to deposit the expenses will be waived.
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Compulsory Appearance of Witness
If a witness fails to appear at court without a justifiable cause, the court may issue a summons to order a compulsory appearance of the witness to come to the court or another place for examination. Summons are generally enforced by police officers but they could also be enforced by enforcement officers. In such cases, the costs of the enforcement officer’s travel expenses and others must be deposited with the court.
If a witness fails to appear at court without a justifiable cause, the court may issue a summons to order a compulsory appearance of the witness to come to the court or another place for examination. Summons are generally enforced by police officers but they could also be enforced by enforcement officers. In such cases, the costs of the enforcement officer’s travel expenses and others must be deposited with the court.
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Cross-examination of Witness
The party who made application for witness examines the witness first and then the opposing party will examine. This is called the direct examination and cross-examination. The cross examination is intended to verify the truth of the testimony offered during the direct examination. Therefore, the cross-examination may not be about any matter aside from those that came out in the direct examination.
Therefore, if the opposing party is overly excited and fails to understand the testimony offered during direct examination, he/she will be unable to conduct an effective cross-examination. Therefore, the opposing party should listen carefully and take notes on what questions to ask during cross-examination and ask them one by one during cross-examination.
The party who made application for witness examines the witness first and then the opposing party will examine. This is called the direct examination and cross-examination. The cross examination is intended to verify the truth of the testimony offered during the direct examination. Therefore, the cross-examination may not be about any matter aside from those that came out in the direct examination.
Therefore, if the opposing party is overly excited and fails to understand the testimony offered during direct examination, he/she will be unable to conduct an effective cross-examination. Therefore, the opposing party should listen carefully and take notes on what questions to ask during cross-examination and ask them one by one during cross-examination.
Penalties and imprisonment of non-complying witness
Witness who fails to appear in court on the witness examination date without a justifiable cause, may be subject to penalty of up to 5 million KRW. If the witness fails to appear in court even after the penalty assessment, he/she may be subjected to an imprisonment of up to 7 days.