What should you do if an important witness refuses to appear in a Chinese court to testify? According to Chinese law, the probative value of witness testimony is lower than that of documentary evidence. However, in many lawsuits, there is no documentary evidence available, so the only option is to rely on witness testimony. In such cases, if a key witness is unwilling to testify, although the Civil Procedure Law includes provisions for compelling a witness to appear in court, in practice, Chinese courts rarely use this method to force a witness to testify. In reality, if you encounter such a situation, you might consider whether you can sue the witness as a co-defendant. This way, the defendant (the witness) is more likely to appear in court to protect their own interests. I am Attorney Lyu Qiang from Xuzhou. If you have any legal issues, feel free to contact me.
Phone Number (Available for English consultation ): (86)-187-9542-8064