Article 53 Means of evidence
1. In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following: [...]d) hearing witnesses;
Analysis
Article 117(1) EPC is almost identical to Article 53 UPCA. However, whereas the EPO can not summon witnesses (and attending oral proceedings is not obligatory anyway, see Rule 120 EPC), and can not hear witnesses under oath, the UPC can.
According to Rule 179.2 RoP (17th draft), the Court may impose a fine on a witness who fails to appear before the Court or refuses to give evidence. Moreover, the witness must make a declaration " that the evidence I shall give shall be the truth, the whole truth and nothing but the truth." (R 178.1). Giving false evidence is seen as something within the "criminal jurisdiction" of the competent authorities of the Contracting Member States (R179.4).
According to Rule 179.2 RoP (17th draft), the Court may impose a fine on a witness who fails to appear before the Court or refuses to give evidence. Moreover, the witness must make a declaration " that the evidence I shall give shall be the truth, the whole truth and nothing but the truth." (R 178.1). Giving false evidence is seen as something within the "criminal jurisdiction" of the competent authorities of the Contracting Member States (R179.4).
Notewhorty, and at first sight problematic, is R 178.7, stating that a witness may give evidence in a language other than the language of proceedings "with the consent of the Court" . It seems doubtful whether someone can be obliged to give evidence in a language he does not master. Compare Rule4(3) EPC.
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