Saudi Law of Evidence: An Overview
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The Law of Evidence sets the rules for how facts are proven before the courts in Saudi Arabia, including the burden of proof and the recognized means of proof, a framework that touches almost every commercial dispute. Being legally right is not enough on its own; a party also needs to be able to prove its position under these rules.
Issuance
The Law of Evidence was issued under Royal Decree No. M/43 dated 26/5/1443H, took effect 180 days after its publication in the Official Gazette, and repealed Part Nine of the Law of Civil Procedure and Part Seven of the Commercial Courts Law.
Burden of Proof
Article 2 of the law provides that the claimant must prove the right it claims and the defendant may rebut it, that the facts to be proven must be related to the case, material to it and admissible, and that a judge may not rule on personal knowledge. Article 3 adds that proof lies on the one who asserts and the oath on the one who denies. These are the basic rules that determine who carries the responsibility of providing evidence in a given dispute.
Recognized Means of Proof
The law recognizes a number of means of proof, including written documents, digital evidence, testimony, admission, interrogation of the opposing party, presumptions, custom, oath, inspection, expert opinion, and the effect of a prior final judgment. Each of these means has its own rules under the law, and its evidentiary weight can vary depending on the nature and value of the dispute.
Why This Law Matters in a Commercial Dispute
In any commercial dispute, good preparation starts with identifying which facts each side needs to prove, and a suitable means of proving each one, before a claim is filed. This is a general overview of the legal framework, not a substitute for a legal assessment of the evidence available in a specific dispute.
Frequently asked questions
The Law of Evidence was issued under Royal Decree No. M/43 dated 26/5/1443H and took effect 180 days after its publication in the Official Gazette. It repealed Part Nine of the Law of Civil Procedure and Part Seven of the Commercial Courts Law.
The Law of Evidence sets the rules for how facts are proven before the courts in Saudi Arabia, including the burden of proof and the recognized means of proof. It is a framework that touches almost every commercial dispute, because being legally right is not enough on its own: a party also needs to be able to prove its position under these rules.
The claimant must prove the right it claims, and the defendant may rebut it, under Article 2 of the law. Article 3 adds that proof lies on the one who asserts and the oath on the one who denies.
The facts to be proven must be related to the case, material to it and admissible, under Article 2 of the law. The same article provides that a judge may not rule on personal knowledge.
The law recognizes a number of means of proof, including written documents, digital evidence, testimony, admission, interrogation of the opposing party, presumptions, custom, oath, inspection, expert opinion, and the effect of a prior final judgment. Each of these means has its own rules under the law, and its evidentiary weight can vary depending on the nature and value of the dispute.
Yes, digital evidence is one of the means of proof the Law of Evidence recognizes. Like the other means of proof, it has its own rules under the law, and its evidentiary weight can vary depending on the nature and value of the dispute.