Do witnesses have to be present during a lawsuit?

Not necessarily. For example:

In criminal proceedings, where the public prosecutor, parties, defenders, or litigants have objections to the testimony of witnesses, and the testimony of the witnesses has a major impact on the verdict and sentencing of the case, and the people's court finds that it is necessary for the witnesses to appear in court to testify, the witnesses shall appear in court to testify.

In civil litigation, all units and individuals who know the circumstances of the case have the obligation to appear in court to testify. Upon notice from the people's court, witnesses shall appear in court to testify. In any of the following circumstances, it may be passed with the permission of the people's court.

Written testimony, audio-visual transmission technology, or audio-visual materials

1) Unable to appear in court due to health reasons;

2) Where they are unable to appear in court due to long distances and inconvenient transportation;

3) They are unable to appear in court due to force majeure such as natural disasters;

4) Other cases where there is a legitimate reason for not being able to appear in court.

In administrative litigation, all persons who know the facts of the case have the obligation to appear in court to testify. In any of the following circumstances, with the permission of the people's court, the parties may submit written testimony:

1) The parties have no objections to the testimony of witnesses during administrative procedures or pretrial evidence exchanges;

2) Witnesses are unable to appear in court due to old age or infirmity or inconvenience;

3) Witnesses are unable to appear in court due to long distances or inconvenient transportation;

4) Witnesses are unable to appear in court due to force majeure such as natural disasters or other unexpected events;

5) Witnesses are truly unable to appear in court for other special reasons.

Legal Analysis: Witnesses who meet the following conditions must testify in court:

1. The prosecutor, the party or the defender, or the litigant have objections to the testimony of the witnesses;

2. The witness's testimony has a significant impact on the conviction and sentencing of the case;

3. The people's court deems it necessary for the witness to appear in court to testify.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 192: Where the public prosecutor, parties, defenders, or litigants have objections to a witness's testimony, and the witness's testimony has a major impact on the verdict or sentencing of the case, and the people's court finds that it is necessary for the witness to appear in court to testify, the witness shall appear in court to testify.

The provisions of the preceding paragraph apply to people's police appearing in court as witnesses to testify about crimes they witnessed in the performance of their duties.

Where the public prosecutor, the parties or defenders, or the litigator have objections to the evaluation opinion, and the people's court finds that it is necessary for the evaluator to appear in court, the evaluator shall appear in court to testify. Where, upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis of the verdict.

Legal analysis: All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying.

Where witnesses truly have difficulties and are unable to appear in court, they may submit written testimony with the permission of the people's court. "Witnesses are truly unable to appear in court because they have real difficulties" refers to the following circumstances: (1) Those who are old and infirm or have difficulty moving in court and are unable to appear in court; (2) Where it is truly impossible to leave the special post; (3) The distance is particularly long, and it is difficult to appear in court due to inconvenient transportation; (4) They are unable to appear in court due to force majeure such as natural disasters; (5) Other special circumstances where it is impossible to appear in court.

If a witness is unable to appear in court to testify, with the permission of the people's court, the witness may submit written testimony or audio-visual materials or testify through two-way audio-visual transmission technology.

Legal basis: Article 72 of the Civil Procedure Law of the People's Republic of China All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the testimony of Chan Chong witnesses. A person who cannot express his meaning correctly cannot testify.

Legal Analysis: Witnesses are obliged to appear in court in civil proceedings, but they are not required to appear in court. All units and individuals who know the circumstances of the case have the obligation to appear in court to testify.

Where witnesses truly have difficulties and are unable to appear in court, they may submit written testimony with the permission of the people's court. The responsible person of the relevant unit shall support the witnesses in testifying. A person who is unable to express his meaning correctly and in a closed manner cannot testify.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 72: All units and individuals who know the circumstances of a case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying. A person who cannot express his meaning correctly cannot testify.

Article 73: Upon notice from the people's court, witnesses shall appear in court to testify. In any of the following circumstances, with the permission of the people's court, testimony may be given through methods such as written testimony, audio-visual transmission technology, or audio-visual materials: (1) Unable to appear in court due to health reasons; 2) Where they are unable to appear in court due to long distances and inconvenient transportation; 3) They are unable to appear in court due to force majeure such as natural disasters; 4) Other cases where there is a legitimate reason for not being able to appear in court.