Legal analysis
During the second trial, witnesses may be required to testify in court. Where a party requests a witness to testify in court, it shall do so before the expiration of the time limit for adducing evidence and obtain the permission of the people's court. If the people's court allows a witness to testify in court, it shall notify the witness to testify in court before the court session. The first instance has submitted witness testimony to the court, and the second instance should continue to examine the evidence of the first instance. Witnesses may be required to testify in court in the second instance, and the people's court of second instance shall examine the relevant facts and applicable laws of the appeal request. Witnesses can testify in court during any proceedings. Whether it is the first trial or the second trial, as long as it is in line with the law, they can use the evidence of witnesses to judge the case. Therefore, as long as the parties have witnesses to prove the facts of the case, they can apply according to law, thus ensuring the fairness and justice of the case results. When a party applies for a witness to testify in court, it must obtain the permission of the court. The application can only have two legal consequences, namely permission or disapproval. This means that the court will conduct a certain degree of review, and the court will not allow those who are obviously not possible and necessary in law or in fact to testify in court. For example, the parties apply for a dead witness to testify in court, and the parties try to ask the witness to prove that the facts are obviously irrelevant to the case. If the people's court allows a witness to testify in court, it shall notify the witness in time, and the notice period shall be before the court session.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 72 All units and individuals who know the circumstances of a case have the obligation to testify in court. The person in charge of the relevant unit shall support the witness to testify. People who cannot express their meaning correctly cannot testify.
Article 73 Upon notification by the people's court, a witness shall testify in court. Under any of the following circumstances, with the permission of the people's court, written testimony, audio-visual transmission technology or audio-visual materials may be used to testify: (1) Unable to appear in court due to health reasons; (2) Being unable to appear in court due to long distance and inconvenient transportation; (3) Unable to appear in court due to force majeure such as natural disasters; (four) other legitimate reasons can not appear in court.