Cuestiones prácticas sobre la prueba de testigos en el proceso civil

Abstract

Witness evidence is personal evidence that is presented during the procedure, with the aim of convincing the judge. Despite its current discredit, to the detriment of other more highly valued evidence such as documentary evidence, due to the reliability and veracity of witness statements, it is transcendental in the understanding of certain facts which, at times, can only be accredited through the testimony of those who have witnessed them, unrelated to the interested parties. In most cases, it serves a complementary, supportive or supplementary function to other means of evidence. Its assessment is free and together with the rest of the evidence, essential to determine the witness's impartiality and objectivity. Several practical questions are considered in the legal regulation of this evidence, from the status of the witness him/herself, his/her requirements, rights and obligations, to aspects of the evidence such as proposition, practice and place, or more specific issues, such as the number of witnesses, cross-examination or which questions they must answer. The Supreme Court emphasises that witness evidence is not in itself proof of the fact, but a source of information to reconstruct the fact. (Supreme Court Judgement 1745/2022).