Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the age of 10 or a dependent person with a substantial cognitive impairment, in the court’s discretion, may be required only to promise to tell the truth.
Chapter 2Oath and Confrontation
Section § 710
Before giving testimony, every witness must swear or affirm to tell the truth, following legal procedures. However, if the witness is a child under 10 or a person with significant cognitive challenges, the court can simply have them promise to be truthful.
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Section § 711
The law states that during a trial, witnesses must testify in front of all involved parties, allowing each party to question them if they choose to attend the examination.
At the trial of an action, a witness can be heard only in the presence and subject to the examination of all the parties to the action, if they choose to attend and examine.
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Section § 712
This section allows evidence about how blood samples were taken to be presented in a criminal trial through an affidavit. The affidavit must be made by certain professionals like nurses or lab technologists. To use this affidavit in court, the party must share it with the other parties at least 10 days before the trial. Even with this provision, the other party can challenge the affidavit and demand the person who made it to appear in court to testify in person.
Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique used in taking blood samples may be given by a registered nurse, licensed vocational nurse, or licensed clinical laboratory technologist or clinical laboratory bioanalyst, by means of an affidavit. The affidavit shall be admissible, provided the party offering the affidavit as evidence has served all other parties to the action, or their counsel, with a copy of the affidavit no less than 10 days prior to trial. Nothing in this section shall preclude any party or his counsel from objecting to the introduction of the affidavit at any time, and requiring the attendance of the affiant, or compelling attendance by subpoena.
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