Officiële Toelichting

P-19A Traditionally, all legal systems received witness testimony in oral form. However, in modern practice, the tendency is to replace the main testimony of a witness by a written statement. Principle 19 allows flexibility in this regard. It contemplates that testimony can be presented initially in writing, with orality commencing upon supplemental questioning by the court and opposing parties. Concerning the various procedures for interrogation of witnesses, see Principle 16.4 and Comment P-16E.

P-19B Forum procedure may permit or require electronic communication of written or oral presentations. See Principle 5.7.

P-19C In many civil-law systems, the primary interrogation is conducted by the court with limited intervention by the parties, whereas in most common -law systems, the roles of judge and lawyers are the reverse. In any event, the parties should be afforded opportunity to address questions directly to a witness. See Principle 16.4.