How to write a witness petition to appear in court? How to write an application for a witness to tes

Reality is confused. One day at noon, Zhou came home from work as usual, and when he walked to a residential building, a wine bottle was suddenly thrown from a resident on the third floor, and the wine bottle happened to hit Zhou. This incident happened to be encountered by Wu, who was passing by, so Wu sent Zhou to the community hospital.

Zhou spent 300 yuan in medical expenses for this. Afterwards, Zhou found a resident on the third floor and asked for medical expenses, but Gao, the owner of the household, flatly denied it. Zhou had no choice but to sue the court.

In order to prove that Zhou's injuries were caused by the discarding of wine bottles upstairs, Zhou applied to the court for Wu to testify in court as a witness. So, how did Zhou write the application for a witness to appear in court?

Lawyer answers. An application for a witness to appear in court refers to a legal document submitted by a party to the court requesting a witness to appear in court to testify. The application for a witness to appear in court generally includes the following contents:

1) Header: The title should be "Application for Witness to Appear in Court". Basic information of the applicant:

The basic information of the applicant: This part is mainly the basic information of the applicant and the respondent. If the applicant is a citizen, the name, gender, date of birth, ethnicity, place of origin, occupation (or work unit and position), and address shall be clearly stated; If the party concerned is a legal person or other organization, its name, address, name, position and contact information of the legal representative (or representative) shall be clearly stated. (2) Request:

In this part, the cause of action, the names of witnesses, and what they prove must be clearly stated. (3) Facts and reasons: This part mainly states why the witness is required to testify in court, explains the witness's understanding of the case, and reflects the necessity for the witness to testify in court.

4) Tail: the name of the people's court to which it was sent; Signature of the applicant, if the applicant is a legal person or other organization, it shall be stamped with the official seal of the unit and signed by its legal representative; Indicate the date of application.

In this case, the application for the witness to appear in court written by Zhou is as follows:

Application for Appearance of Witnesses.

Facts and Reasons:

In the case of Zhou v. Gao, because Wu witnessed the whole process of the applicant being injured by a wine bottle, and sent the applicant to the hospital afterwards, Wu was willing to testify in court. Therefore, in accordance with the relevant provisions of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", an application was submitted to your court requesting that Wu appear in court as a witness to testify.

Sincerely. Peoples court.

Applicant: Zhou.

YYYYYYYYYYYYYYYYY

Links to legal provisions. Civil Procedure Law of the People's Republic of China

Paragraph 1 of Article 72 All units and individuals who are aware of 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.

A collection of jurisprudence. The witness applying to testify in court must be a person who knows the facts of the case and can correctly express his or her will, and if the witness is a person with no or limited capacity for civil conduct, the facts to be proved must be appropriate to his or her age, mental or mental condition.

The application for witnesses to appear in court to testify needs to be written as follows: 1. Personal information of witnesses. Only need to write down your name, gender, specific date of birth, ethnicity, work unit, position or occupation, etc.; 2. Basic information such as the name or title of the legal person or the designated person and the person entrusted with the litigation; 3. The matters requested, the facts and reasons for applying for witnesses to appear in court, and finally need to be signed and sealed by both parties.

[Legal basis].Article 470 of the Civil Code of the People's Republic of China [Main Terms and Model Texts of the Contract] The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

The application for a witness to appear in court should be written as follows:

1. Applicant: The applicant here generally refers to the plaintiff or the defendant, usually not the witness himself. Where both parties find that witnesses are conducive to litigation, they may apply;

2. Reason for application: Explain the purpose of requesting witnesses to appear in court to testify, and generally write a notice to xx witnesses to appear in court to testify;

3. Reason for application: If a witness fails to appear in court to testify for some reason, or the witness is unwilling to appear in court to testify, he or she may apply to the court to allow or even compel the witness to appear in court to testify;

4. Finally, attach the relevant information of the witness, for example, you can write: witness; ID address; Current residence; Contact**: When the court receives an application from a witness to appear in court, it will choose whether to compel the witness to testify in court based on the role of the witness.

1. What are the precautions for collecting evidence in labor arbitration?

1. If the evidence involves the type of evidence of audio-visual materials, such as audio recording evidence, in addition to the audio recording CD, it is also necessary to submit the written materials of the recording, and the written materials must be truthfully recorded according to the recording situation, indicating the basic elements such as the situation of the parties and the recording time in the recording materials.

2. If the evidence contains the testimony of witnesses and the witnesses have been notified to attend the hearing, a written application for the witness to appear in court to testify shall also be submitted to the arbitral tribunal, which shall state the basic information of the witness appearing in court and the purpose of the witness's intended testimony, and a copy of the witness's ID card shall also be attached.

3. The evidence submitted to the arbitral tribunal shall be photocopies, and the photocopies shall be checked with the originals.

4. When electronic evidence is involved, if necessary, a notarized legal document issued by the relevant notary department or an operation demonstration can be submitted in court.

2. Do witnesses in criminal cases have to appear in court?

No. Where the public prosecutor, parties, defenders, or litigants have objections to the testimony of witnesses, and the witness's testimony has a major impact on the verdict or sentencing of the case, and the court applies to notify the witness or evaluator to appear in court to testify, and the people's court finds it necessary, it shall notify the witness to appear in court. Where witnesses are truly unable to appear in court to testify during trial due to objective reasons such as serious illness or inconvenience, the people's court may permit them not to appear in court, but may hear their testimony through methods such as **.

Where, upon notice from the people's court, a witness refuses to appear in court without a legitimate reason, or refuses to testify after appearing in court, and the court is unable to confirm the veracity of his testimony, the witness's testimony must not be the basis of the verdict. For witnesses who meet the requirements, they may be compelled to appear in court upon the court president issuing an order compelling the witnesses to appear in court.

Legal analysis: The witness application for appearing in court first writes the applicant, then writes the reason for the application, the reason for the application, and finally attaches the relevant information of the witness, and the court judges whether the witness needs to appear in court according to the true circumstances of the case. Witnesses appearing in court to testify is an expression of the principle of directness and words, and is an inherent requirement for correctly ascertaining the facts of a case.

Minors, those who are seriously ill during the trial, or those who have extreme mobility difficulties, are not allowed to appear in court with the court's permission.

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 witnesses in testifying.

A person who cannot express his meaning correctly cannot testify.

The application for a witness to appear in court generally includes the following aspects: 1. Applicant: The applicant here generally refers to the plaintiff or the defendant, usually not the witness himself, and both parties may apply if they believe that the witness is conducive to their own litigation.

2. Reason for application: Explain the purpose of requesting witnesses to appear in court to testify, generally writing a notice to xx witnesses to appear in court to testify. 3. Reason for application:

If a witness is unable to testify in court for some reason, or if the witness is unwilling to testify, he or she may apply to the court to allow or even compel the witness to testify. has a significant impact on the facts of the case, etc. 4. Finally, attach the relevant information of the witness, for example, you can write:

Witnesses: Male, Han nationality, ID address; Current residence; Contact**: "According to the true circumstances of the case, when the court receives the application for a witness to appear in court, it will choose whether to compel the witness to appear in court to testify according to the role of the witness, of course, both parties can also apply for the same witness to appear in court to testify.

[Legal basis].

Article 72 of the Civil Procedure Law of the People's Republic of China provides that 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.

Witness applications generally include the following:

1. Applicant: The applicant here generally refers to the plaintiff or defendant, usually not the witness himself. Where both parties feel that the witness is beneficial to their own litigation, they may apply;

2. Reason for application: Explain the purpose of requesting a witness to appear in court to testify, and generally write a notice to a certain witness to appear in court to testify;

3. Reason for application: If a witness fails to appear in court to testify for some reason, or the witness is unwilling to appear in court to testify, he or she may apply to the court to allow or even compel the witness to appear in court to testify; What can be brought by witnesses testifying in court. has a significant impact on the facts of the case, etc.;

When the court receives an application from a witness to appear in court, it will choose whether to compel the witness to testify in court based on the role of the witness. Of course, both parties can also apply for the same witness to testify in court.

1. Provisions on the time limit for witnesses to appear in court.

1. A party's application for a witness to appear in court to testify shall be submitted 10 days before the completion of the time limit for presenting evidence, and shall be permitted by the people's court. Where the people's court grants permission to a party's application, it shall notify the witness to appear in court to testify before trial, and inform them of the legal consequences of testifying truthfully and perjury.

2. Witnesses shall appear in court to testify and accept questions from the parties. Where witnesses appear to present their testimony when the people's court organizes the parties to exchange evidence, it may be viewed as appearing in court to testify.

3. **, the parties may apply to the people's court for one or two persons with specialized knowledge to appear in court to explain the specialized issues of the case.

2. Under what circumstances will the punishment of witnesses in criminal proceedings occur.

Criminal Procedure Law Witnesses are punished when they refuse to appear in court without reason.

Legal basis: Code of Criminal Procedure

Article 59:Witness testimony must be debated and verified by both the prosecutor, the victim, the defendant, and the defender in court before it can be used as the basis of a verdict. Where the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall be dealt with in accordance with law.

Article 60: All persons who know the circumstances of a case have the obligation to testify.

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, parties, defenders, or litigants 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.

Article 193:Where upon notice from the people's court, witnesses do not appear in court to testify without a legitimate reason, the people's court may compel them to appear in court, except for the defendant's spouse, parents, or children.

Where witnesses refuse to appear in court without a legitimate reason, or refuse to testify after appearing in court, they are to be reprimanded, and where the circumstances are serious, they are to be detained for up to 10 days with the approval of the court president. Where the person being punished is dissatisfied with the detention decision, he may apply to the people's court at the level above for reconsideration. Enforcement is not suspended during the reconsideration period.