Article II: By Whom, How, and How Many Witnesses Can Be Introduced, and Who Can Be Excluded

§ 1. Witnesses are introduced by the parties.

§ 2. They can also be introduced by the promoter of justice and defender of the bond, if this is of interest to the cause.

§ 3. But the judge himself, whenever there is question of minors or others who are equated to minors, and generally whenever the public good requires it, can introduce witnesses from office.

§ 4. The party who introduced a witness can renounce his examination; but the adversary can request that, notwithstanding this renunciation, the witness be subjected to examination.

§ 1. If someone appears spontaneously for the sake of rendering testimony, the judge can admit or repel his testimony according as he has judged expedient.

§ 2. But he must repel a witness who has offered himself spontaneously when he seems to appear for the purpose of linking delays to the judgment or of injuring justice and truth in any way.

§ 1. When proof by witnesses is requested, their names and domicile are to be indicated to the tribunal; moreover positions or articles of arguments are to be exhibited, concerning which the witnesses are to be interrogated.

§ 2. If not even within the peremptory day prescribed by the judge has obedience been given, the request is considered deserted.

The judge has the right and obligation of restraining an excessive multitude of witnesses.

The parties must make known to each other the names of witnesses before their examination is begun, or, if this cannot be done without grave difficulty in the prudent estimation of the judge, at least before the publication of the testimonies.

§ 1. Witnesses must be excluded from office if it is clearly established to the judge that they are prohibited from giving testimony, with the prescription of can. 1758 saved.

§ 2. But also, when the adversary requests it, witnesses are to be excluded if a just cause of exclusion is shown, which exclusion is called reprobation of the person of the witness.

§ 3. A party cannot reprobate the person of a witness whom he himself introduced, unless a new cause of reprobation has supervened, although he can reprobate his statements.

§ 4. Reprobation of a witness must be made within three days after the names of witnesses have been communicated with the party; nor is it admitted afterward, unless it is shown by the party, or at least affirmed by oath, that the defect of the witness was not known to him earlier.

§ 5. The judge, however, is to reserve the discussion of reprobation to the end of the litigation, unless a presumption of law stands against the witness, or the defect is notorious, or can be proved immediately and easily, or cannot be proved later.

Citation of witnesses is made by the ministry of the judge, with a decree intervening, and must be intimated to the witnesses according to the norm of can. 1715-1723.

§ 1. A witness duly cited must obey or make known to the judge the cause of his absence.

§ 2. A disobedient witness, namely one who without legitimate cause did not appear, or, although he appeared, refused to respond or to render the oath or to sign the attestation, can be coerced by the judge with suitable penalties and moreover fined according to the measure of the damage which comes to the parties from his disobedience.