This is a
translation of the
Loi (1908) au Sujet
des Témoins et Informateurs
(Chapter 07.910)
as in force on 1 October
2021
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
LAW (1908) ON THE
SUBJECT OF WITNESSES AND INFORMANTS
A LAW on
Procedure in Civil and Mixed Cases (Witnesses and Informants)
WHEREAS it is in the interests of Justice that the most complete
information in all cases, whether civil or mixed, be at the disposal of the
persons called upon to adjudicate thereon –
Article 1
In civil or mixed cases, the
parties themselves, and their relatives, without exception, shall be competent
witnesses.
Provided however that a spouse
shall not be compelled to disclose any communication made to him or her by the
other spouse.
Provided however that a civil
partner shall not be compelled to disclose any communication made to him or her
by the other civil partner.
Article
2
Article 3
Any person convicted of any
offence, whether the sentence has been undergone or not, shall be a competent
witness (or informant) before all Courts and in all proceedings, civil or
mixed.
Article 4
No witness shall be challenged
on the ground of interest or animosity in any case, civil or mixed. He may,
however, be questioned as to the interest he may have in the result or as to
the animosity alleged to exist between him and one or more of the parties.
Article 5
The provisions of the preceding
Articles apply to all evidence taken, orally or in writing, before all Courts
and in all proceedings civil or mixed required by the Laws and Customs of the
Island.
Article 6
After a civil case has been
sent to proof, one or more of the parties in the case may, on application to
the Inferior Number of the Court, obtain an Act authorising one or more persons
to take the evidence on oath of one or more witnesses beyond the jurisdiction
of the Royal Court. The Court shall give such directions as may be deemed just
and reasonable, as to the manner in which the Act is to be put into execution,
and as to the convening of the parties in the case.
A deposition taken beyond the
jurisdiction of the Royal Court shall be under the signature of the person or
persons authorised by the Court to take such evidence in virtue of the present
Article; and it shall be deposited in the hands of the Greffier of the Royal
Court in the period fixed by the Court. Such depositions shall be admitted as
evidence in the case, in reference to which the Court granted the
authorisation.
Article 7
The provisions of this Law
which apply to civil cases shall apply to actions of “Clameur de
Haro”. Any other cause en ajonction
and all proceedings for the protection of the revenues of the Impôts shall be deemed to be
criminal cases for the purposes of the present Law.
Article 8
The present Law shall apply to
all civil or mixed cases commenced.