Chapter Fifth: Witness Testimony

Article 254

Witness testimony is not admissible: 1- To establish contracts and other legal acts intended to create, transfer, modify, or terminate rights and obligations if their value exceeds five hundred thousand Lebanese pounds or if the value is indeterminate. 2- To prove what contradicts or exceeds what is contained in a written instrument, even if the disputed amount does not exceed five hundred thousand Lebanese pounds. The parties may waive this rule expressly or impliedly.

Article 255

The probative value in accepting testimony is based on the value of the disputed right, not the value of the claim. Therefore, it is not permissible to prove by witness testimony, even if the claim value does not exceed five hundred thousand Lebanese pounds, in the following two cases: 1- If the claim is for the remainder or part of a disputed right whose value exceeds five hundred thousand Lebanese pounds and is not established by a written instrument. 2- If the defendant amends their claim or waives part of their right after having claimed it in its entirety, in order to make the claim value not exceed five hundred thousand Lebanese pounds. If the increase in value above five hundred thousand Lebanese pounds results from the addition of interest and accessories to the principal, then proof by testimony is admissible.

Article 256

If the claim contains multiple requests arising from multiple sources, proof by witness testimony is permitted for each request not exceeding five hundred thousand Lebanese pounds, even if these requests together exceed this amount and even if they originate from a relationship between the parties themselves or from acts of the same nature.

Article 257

- Amended: It is permissible to prove by witness testimony, regardless of the value of the claim, in the following materials and cases: 1- Commercial matters. 2- Physical acts. A legal disposition is considered equivalent to a physical act with respect to parties other than its parties and their successors who are prejudiced by it. 3- If a written beginning of evidence is found, such as a writing, even without a signature, issued by the opponent against whom it is being invoked or by someone who represents him, which makes the existence of the alleged disposition highly probable. 4- If it becomes impossible for the creditor to obtain written evidence. Mere moral impossibility is sufficient, which arises, in particular, from the custom followed in certain professions or from relationships of kinship between ancestors and descendants or between collateral relatives up to the third degree or between spouses or between one of the spouses and the parents of the other spouse or between the betrothed. 5- If the loss of the written document is proven due to a foreign cause for which the opponent is not responsible. 6- If it is proven that there was fraud on the law to conclude a contract that violates public policy or a mandatory provision.

Article 258

A right is valued according to its value at the time and place where the legal act was performed.

Article 259

A person shall not be fit to give testimony: 1. Whoever has not completed fifteen years of age. 2. Whoever is not of sound mind. 3. Whoever has been subject to criminal judgments that result in the loss of their eligibility to testify.

Article 260

1. The testimony of witnesses shall not be accepted between principals and accessories, nor between spouses, even after the dissolution of the marriage contract. 2. The testimony of servants against their master with whom they are bound to serve shall also not be accepted, as long as they are in their service. 3. The testimony of an agent against their principal shall not be accepted. 4. The testimony of a partner in matters related to the company shall not be accepted. 5. The testimony of a guarantor in matters related to the obligations of the guaranteed party shall not be accepted.

Article 261

It is permissible to hear the statements of those mentioned in the two preceding articles without oath, by way of investigation.

Article 262

Witness testimony regarding hearsay is not admissible except in the cases specified by law.

Article 263

1. Public sector employees are prohibited, even after leaving their position, from testifying to what they knew during the course of their duties regarding matters that were not intended for public disclosure, unless authorized to do so by the competent authority upon the request of the court or upon the request of one of the parties. 2. The authorization of the competent authority shall be granted by the Minister of the Council of Ministers for ministers and by the relevant minister for employees.

Article 264

Those who learn of a fact or information through their profession or occupation - whether lawyers, agents, physicians, or others - may not disclose it even after their service ends or status ceases, unless it was told to them while they were expressly making known their intention to commit a felony or misdemeanor. Nevertheless, the aforementioned persons must testify to that fact or information when required by those who disclosed it to them, provided this does not prejudice the provisions of laws special to them.

Article 265

1. Neither of the spouses shall disclose, without the consent of the other, any information that was communicated to him during the marriage, even after its dissolution, except in the case of a lawsuit filed by one of them against the other, or the institution of a lawsuit against one of them due to a felony or misdemeanor committed by him against the other.

Article 266

The defendant who requests proof by witness testimony must specify the facts they wish to prove in their written or oral request during the hearing, and must name their witnesses, provided that their number does not exceed five for each incident, unless the court permits otherwise.

Article 267

The decision ordering the investigation must include: 1- Designation of the facts to be established. 2- Calling of the witnesses designated by the requesting party and designation of the date of the hearing at which they will be heard.

Article 268

The court may, on its own initiative, decide to hear witnesses in cases where the law permits proof by witness testimony, whenever it deems it useful for the truth. It also has the power, in all cases where proof by witness testimony is admitted, to summon to testify whoever it sees fit to hear, in order to reveal the truth.

Article 269

The investigation shall be conducted before the court. It may, when necessary, appoint one of its judges to conduct it and set the period within which it must be completed. The appointed judge may order extension of this period when necessary and shall inform the court thereof. The appointed judge shall exercise during the investigation the authority assigned to him.

Article 270

1. Permission granted to one of the parties to prove a fact by witness testimony necessarily and without a decision entails that the other party has the right to disprove it by the same means.

Article 271

1. The court shall provisionally determine the investigation and obligate the applicant to deposit the amount it determines. 2. When the court decides on its own initiative to summon witnesses to hear them, it shall specify in its decision who shall advance their expenses and set a deadline for their deposit.

Article 272

If the court finds advantage in conducting both investigation and inspection together, it may appoint one of its judges for this purpose. The appointed judge shall perform the task and may hear at the inspection site, and at that time, those he deems necessary to hear from witnesses other than those named by the parties or may call those witnesses for hearing at another date he designates.

Article 273

The summons to a witness must include: 1- The designation of the court before which the testimony is to be given. 2- The designation of each of the parties by their name, surname, profession, and residence. 3- The designation of the witness to whom the summons is addressed. 4- The designation of the place, day, and time of attendance. 5- The nature of the lawsuit for which the testimony is requested. 6- A warning of the penalty to which the witness who fails to attend is exposed. If there is an error in the designation of the parties or the summoned witnesses, this error does not invalidate the summons unless it results in serious doubt about their identities.

Article 274

If the witness is enlisted in the army and is performing active service, the summons shall be directed to him through the head of his unit to authorize his attendance.

Article 275

If the witness is imprisoned, the court shall request the prison director to produce him under guard; if production is not possible, the prison director must inform the court without delay.

Article 276

In all other cases, without exception, the witness is summoned directly without any intermediary.

Article 277

If it is necessary to hear the testimony of the President of the Republic, the President of the Parliament, or the President of the Council of Ministers, the court or the judge appointed by it shall proceed to him, and shall hear his statements and the clerk shall record them in a minutes document to be attached to the case file.

Article 278

The summons to the witness must reach him at least three days before the designated date for his attendance unless the court orders the period to be shortened. By order of the court, the summons may be sent by registered telegram with notice of receipt when there is urgency.

Article 279

1. Amended: If the witness does not attend, a fine of ten thousand to one hundred thousand Lebanese pounds shall be imposed, and he shall also pay the expenses arising from his non-attendance. The court may summon the witness again, and if he persists in not attending, a second fine shall be imposed, ranging from the value of the first fine to twice its value. The court has the right to order his attendance by force through the armed forces. If the witness is performing actual service in the army, his attendance shall be requested from the head of his unit.

Article 280

It is permissible to appeal the judgment imposing the fine mentioned in the previous article if the witness who failed to appear presents a valid and acceptable excuse.

Article 281

If the witness presents a valid excuse preventing his attendance on the designated date for hearing, the court may grant him additional time or order delegation or attendance to hear his testimony. It may also, depending on circumstances, refrain from hearing this witness.

Article 282

1. The witness shall be fined if they appear and, without a valid legal justification, refuse to take the oath and answer questions, with a fine ranging from fifty thousand to two million Lebanese pounds, unless the party who called them waives their testimony.

Article 283

1. The testimony of each witness shall be heard separately in the presence of the parties, and the court has the right to summon them for confrontation thereafter. As long as the investigation has not been completed, the witness may not leave without the permission of the court, otherwise, they shall be liable to a fine of four thousand to eight thousand Lebanese pounds.

Article 284

The witness shall first be questioned about his name, surname, age, profession, place of residence, and the relationship, if any, that exists between him and the parties such as employment, as well as whether any criminal sentences have been issued against him that would disqualify him from testifying.

Article 285

The witness must, before testifying, take an oath to testify to the whole truth and nothing but the truth, otherwise their testimony shall be null and void. As for the persons who testify without taking an oath, in accordance with the provisions of Article 261, the judge or the president of the court reminds them of their duty to tell the truth.

Article 286

Questions are directed to the witness by the court president or appointed judge concerning the facts related to the dispute which may be established by testimony, even if not specified in the decision ordering investigation. The president may put to the witness the questions requested by the court judges or the parties if he deems them useful in revealing the truth.

Article 287

The parties shall not interrupt the witness's speech, nor attempt to influence him or direct questions to him during his testimony, under penalty of being expelled from the courtroom where the session is being held.

Article 288

The President of the Court or the delegated Judge may, when necessary, hear the witnesses again or conduct a confrontation between them or between them and the parties, and he may hear them in the presence of a technical expert. The witnesses shall remain at the disposal of the President or the delegated Judge until the end of the investigation session, and they may be requested to be heard again to provide additional information that amends the testimony they have given.

Article 289

The court president or appointed judge may order one of the parties to leave to ensure the freedom and security of the witness, provided he enters after the testimony is given and it is read to him.

Article 290

1. Testimony shall be given orally and it is not permissible to resort to writing except with the permission of the court or the delegated judge, and where the nature of the dispute warrants it. 2. If the witness is ignorant of the Arabic language, he shall give his testimony in the language he knows, and it shall be translated by a translator appointed by the president of the court or the delegated judge, who shall swear him in to perform the translation with honesty and integrity.

Article 291

A person unable to speak may give testimony if he can express his intention in writing or by sign.

Article 292

1. The witness's answers shall be recorded in the hearing minutes in their entirety without any alteration, then read out to the person who gave them, and they have the right to make any amendments they see fit and the amendment shall be mentioned after the text of the testimony. 2. The minutes shall also record all questions addressed to the witness and any observations regarding their testimony. 3. The witness shall sign the minutes, and if they refuse to sign, this fact and the reason for it shall be mentioned in the minutes.

Article 293

1. The court assesses the expenses of the witnesses based on their request, and they receive the amount assessed for them from the sum deposited for the account of expenses.

Article 294

Failure to claim the expenses designated in the preceding article within eight days from the date of testifying causes the witness to lose the right thereto, and the advance amount shall be returned to the party who paid it.

Article 295

1. The court has the absolute discretion to assess the evidentiary value of witness testimony in terms of its subject matter.

Article 296

It is permissible for whoever fears missing the opportunity to present a witness on a matter that has not yet been presented before the judiciary and may be presented to him, to request, in the presence of the concerned parties, to hear that witness. This request is submitted through the usual channels to the Judge of Urgent Matters, and all its expenses are borne by the one who submitted it. When the necessity is established, the Judge decides to hear the witness, provided that the incident is one that may be proven by witness testimony.

Article 297

In this case, a copy of the investigation report shall not be delivered nor presented to the judiciary unless the court of the subject matter upon its examination deems the fact may be established by witness testimony. The party may object before it to accepting this evidence, and may also request hearing of witnesses for his benefit.

Article 298

The provisions set forth in this investigation shall be followed, except as stipulated in Articles 269 and 270.