Participation of witnesses and experts

(1) In the formal administrative procedure, witnesses are under a duty to give evidence and experts to render opinions. The provisions of the Code of Civil Procedure on the duty to give evidence as a witness or to render an opinion as an expert, on the challenge of experts, and on the examination of civil servants as witnesses or experts, apply correspondingly.
(2) Where witnesses or experts refuse to give evidence or to render the opinion without one of the grounds named in sections 376, 383 to 385 and 408 of the Code of Civil Procedure being present, the authority may request the administrative court competent for the domicile or residence of the witness or the expert to carry out the examination. Where the domicile or residence of the witness or expert is not at the seat of an administrative court or of a specially established chamber, the competent local court may also be requested to carry out the examination. In the request, the authority must set out the subject matter of the examination and state the names and addresses of the parties. The court must inform the parties of the dates for taking evidence.
(3) Where the authority, having regard to the significance of the evidence of a witness or the opinion of an expert, or in order to bring about a truthful statement, considers the administration of an oath necessary, it may request the court competent under subsection (2) to carry out the examination under oath.
(4) The court decides on the lawfulness of a refusal of testimony, of the opinion, or of the taking of the oath.
(5) A request under subsection (2) or (3) to the court may be made only by the head of the authority, his or her general representative, or a civil servant who has the qualification for judicial office.