Document Type : Reasearch paper
Abstract
Proof by testimony was and continues to be one of the most important and oldest means of proof in use, and it enjoys a distinguished position on the legal and judicial levels. The judge has wide latitude in giving preference to testimony over another from both the objective and personal aspects, and there is no oversight from the Federal Court of Cassation whenever he reaches a regional conclusion in the matter. The weighting process. However, the judicial applications issued by the Federal Court of Cassation in the field of weighting testimony varied. Some of them limited the process of weighting testimony to the trial court, while others decided to make the Federal Court of Cassation a trial court and gave it the authority to weight one testimony over another, in contrast to the trial judge’s weighting of it. Which prompted us to examine this issue and determine the extent to which the testimony could be given weight by the Court of Appeal.
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