The evidentiary law refers to the legal norms and principles that define the evidence of the facts in a judicial process. As the available evidence shapes the judge’s decision, the law of evidence indicates what evidence should or should not be taken into account by the Court.
In Cyprus, proof of fact in legal proceedings is regulated by the ‘Law of Evidence’ (Cap. 9). The Cyprus law of evidence follows the principle of the English law of evidence which deals with civil and criminal proceedings together. According to article 3 of Cap.9, the applicable law of evidence in Cyprus is the English law applicable on November 5, 1914.
Main categories of evidence:
oral evidence It consists of the declarations and testimonies of the witnesses who appear physically before the Court. According to section 2(1) of Chap. 9, ‘declaration’ is defined as ‘any production, description or performance of a fact or production or expression of an opinion, whether produced orally or in writing or otherwise. In addition, Chapter 9 clarifies that a witness can only testify about facts of which he has personal knowledge or express his opinion as an expert. In some cases, expert opinion is required to determine the Court’s decision. For example, in case of injuries caused by medical malpractice, a doctor’s opinion is necessary.
Witnesses must always testify under oath. If a witness commits the crime of perjury, then he/she is subject to imprisonment.
hearsay testimony is defined as ‘a statement made by a person other than the one who declares in any civil or criminal proceeding and that is presented as evidence of everything that is expressed in it’. In particular, a witness is permitted to bring to the Tribunal evidence that he himself has directly heard or perceived through his own senses. For example, a witness may give evidence that he heard the defendant cry as he entered the building. However, he cannot claim that someone else told him.
According to article 24 of Cap. 9, the Court may, at any stage of the judicial process, reject hearsay evidence, if it considers that this prevents the proper administration of justice.
documents include anything in which information of any description is documented.
Pursuant to article 34, the content of a declaration that is included in a document and is admissible evidence, can only be proved by:
Yo. The presentation of the original document or,
ii. Copy of the original document as long as there is sufficient justification for not presenting the original.
Present evidence:
The litigant has the legal burden of proof. That is, he has to present the relevant evidence in the judicial process to prove and support his argument. Failure to provide the court with the necessary evidence may result in the loss of the case.
The role of the lawyer:
A professional attorney will discuss your case with you in complete confidence, and then proceed with the gathering of evidence to achieve the best possible outcome for you effectively and efficiently.