Giving evidence is a civic duty: a witness must always appear before the court unless he has a legal excuse (for example a doctor’s certificate of an illness). The court must be notified of the legal excuse.

To start with, the witness takes an oath or gives a corresponding affirmation.

In court a witness has to tell everything he knows of the matter in question unless this is prevented by the witness’ right or obligation to remain silent. The witness has to tell the truth. If it is established that a witness has lied or concealed a material fact, he will be charged with perjury. A person found guilty of perjury is normally sentenced to imprisonment.

A close relative of a party does not have to give evidence against his will. But if the close relative agrees to testify, he, too, must tell the truth.

Where necessary, the Chairman of the Court will explain to the witness when he can refuse to answer a question. A witness is for example not obliged to disclose circumstances that may result in charges being brought against him or his close relative. Nor does he have to reveal a business or professional secret unless specifically so ordered by the court.

A witness is entitled to a reasonable compensation for his necessary travel and subsistence expenses and for loss of income. The witness fee is usually paid by the private party that has called the witness or by the authority whose decision is subject to the appeal. The compensation to a witness called by a private individual can be paid from State funds if his testimony has been material for deciding the matter.

The fee to a witness called by a party who has been granted legal aid or cost-free proceedings is paid from State funds.