Article 815 Federal Labor Law

In the taking of the testimonial evidence the following rules shall be observed:

I.The offering party of the evidence shall present its witnesses directly, except as provided in article 813, and the Court shall proceed to receive their testimony;

II.Prior to the start of the appearance, the Court must require the person appearing to take the corresponding evidence to identify themselves with any official document; and, if they do not do so at the time of the hearing, the corresponding declaration shall be left without effect. The foregoing may be dispensed with if the parties recognize the witness; the name, age, domicile, occupation, position and place in which they work shall be recorded, whether they have kinship by consanguinity or affinity with any of the parties or their representatives, whether they are a dependent or employee of the one presenting them, whether they have a partnership or any other relationship with that person, whether they have a direct or indirect interest in the proceeding, whether they are a friend of any of the parties, and then their declaration shall be taken;

III.The witnesses shall be examined separately, in the order in which they were offered. The interrogatories shall be formulated orally, except as provided in sections III and IV of article 813 of this Law;

IV.The Court shall administer to the witness the oath to conduct themselves truthfully and shall warn them of the penalties incurred by false witnesses;

V.The parties shall formulate the questions verbally and directly and that have not been made previously to the same witness, or that implicitly carry the answer.

Ambiguous or leading questions shall not be permitted, nor those referring to facts and circumstances outside the object of the evidence or that seek to coerce the witnesses.

The questions may be objected to by the opposing party before the witness gives their answer, for which the judge shall proceed to rule on the admissibility or rejection of the question, stating the grounds for the determination.

If in the judge's judgment there are points not sufficiently clarified, the judge may order the witness to clarify them;

VI.The offering party of the evidence shall examine first and afterwards the other parties. The Court, when it deems it pertinent, shall examine the witness directly;

VII.The questions and the answers shall be recorded in the record through graphic, documentary, audio or audiovisual means. For this, the court shall implement the systems it considers necessary to leave a record of the development of the hearing, privileging the principles of immediacy, concentration and procedural celerity. In no case shall the dictation of the questions and answers be permitted;

VIII.The witnesses are obliged to give the reason for their statement, and the Court must request it, with respect to the answers that do not already carry it in themselves;

IX.Repealed.

X.Repealed.

XI.The taking of this evidence is indivisible, unless one of the witnesses resides outside the place of residence of the Court and the evidence must be taken by letter rogatory, in which case the judge shall adopt the pertinent measures so that the other witnesses do not have prior knowledge of the declarations taken;

XII.During the examination and cross-examination, in order to overcome or reveal contradictions, or request the pertinent clarifications, the parties or their attorneys may show the witness documents prepared by them or in which they participated, as well as ask them to read part of the same, when it is necessary to support their memory. Only documents that form part of the record may be shown, and

XIII.In due course, the parties may state what is in their interest regarding the personal circumstances of the witnesses and the veracity of their statements, as established by article 818 of this Law.

If the witness so requests, a record shall be issued stating that they attended the proceeding.