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Wykluczenie świadka na wniosek strony w procesie kanonicznym

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Kałduński A.

Studia Pelplińskie

2013

vol. 46

101-110

The article is intended to help in the legal processes undertaken by the Church’s tribunals. According to the can. 1555 of the Code of Canon Law, a party may request that a witness be excluded. The judge however, has the final authority to determine whether or not to exclude the witness. The right to present proofs, among which proposing witnesses is often the most important, is an integral element of the right of defense. Therefore, a party’s objection to the introduction of a witness must indicate a “just cause” for the exclusion. This cause would include claims that the witness is unsuitable or might include the contention that the witness has no relevant knowledge, that he or she has been coached, that his or her testimony may have been coerced or that the proposed witness is prejudiced. The possibility that the testimony of a witness might reflect negatively on the party is not a just cause for exclusion. “Just cause” for the exclusion must be shown before the questioning of the witness. There is doubt if a recourse against the decision of a judge to admit or to exclude the witness is to be made before that same judge or the collegiate tribunal or may only be appealed when the appeal is lodged jointly with an appeal of the definitive sentence.

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1 Studia Pelplińskie

1 Kałduński A.

1 2013

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Wykluczenie świadka na wniosek strony w procesie kanonicznym