Newsletter
REMOTE EXAMINATION OF WITNESSES
Article 305 of the amended Code of Civil Pro-cedure (CCP) provides that where technical equipment is available for two-way audio and video transmission between a witness and the court, such as to enable the witness to be ques-tioned directly, a witness may be examined in this way if the court considers it appropriate. A witness who is so examined must make a written declaration confirming the truth of his testimony (equivalent to an oath) before or after such ex-amination. A witness may also transmit his declaration to the court by facsimile or other technical means, which has the same legal force as submitting a physical document.
Though direct oral proceedings are still the norm in civil procedure, if, taking into consideration the nature of the case or the status, profession, health, or place of residence of the witness, or other matters, the court concludes that it would be inappropriate, impractical, or unnecessary to order a witness to appear in person, then remote examination should be allowed if the court con-siders it appropriate after consulting the parties. But to ensure the veracity of the witness state-ments, a witness who is examined at a remote location must also make written declaration be-fore or after such examination.
Pursuant to the amended CCP, on 21 July 2003 the Judicial Yuan issued its Operational Rules for Remote Examination of Witnesses in Civil Cases by Courts at All Levels. The rules reiter-ate that "remote examination" refers to the use of technical equipment enabling the two-way transmission of sound and images between the witness and the court, such as to enable the wit-ness to be directly examined. If there is no suitable equipment at the location of the witness, the court may use the remote examination facili-ties of the court at the location of the witness. If it is necessary for the written record of the re-mote examination to be signed by the witness, the examining court should transmit it to the witness, and after the witness has confirmed the content and signed the record, the record should be transmitted back to the examining court by fax or other technical means.
The rules apply mutatis mutandis to the exami-nation of expert witnesses and to proceedings using interpreters, as well as administrative pro-ceedings. This opens up the prospect of more convenient hearing of evidence in both civil and administrative litigation.