Law of Evidence

The Law of Evidence is one of the four key laws in the development of the Kingdom of Saudi Arabia’s specialized legislative framework, alongside the Family Law, the Law of Civil Procedures, and the Penal Code of Discretionary Sanctions. As the first to be enacted, the Law of Evidence was issued on December 30, 2021, comprising 129 articles designed to align with the Kingdom’s digital transformation in the justice sector, as well as its technical and economic advancements. It aims to establish a modern evidentiary framework that upholds the principles of Islamic Sharia while also aligning with international judicial trends.

In his statement upon the law’s issuance, His Royal Highness Crown Prince Mohammed Bin Salman Bin Abdulaziz emphasized that the law addresses the evolving needs of society in social, economic, and technological domains. The Law of Evidence enhances the stability of judicial rulings by referencing specific legal principles, reinforces the authority of contracts, increases the efficiency of contractual obligations, and ensures fairness in the handling of data and evidence.

The Law of Evidence enhances confidence in judicial decisions by ensuring that judges cannot rely on personal knowledge in their rulings. It strengthens the legitimacy of written documents as a foundation for proving rights and aims to expedite the resolution of disputes. The law reinforces judicial impartiality, validates digital evidence, and allows for the invocation of customary practices unless explicitly contradicted by law.

Additionally, the law permits the use of private sector services in evidence collection and enables the prediction of court rulings and the evidence the court may accept. It prohibits witness testimony for claims exceeding SAR100,000 but offers flexibility for parties to agree on their own evidence rules. Furthermore, the court must justify its consideration of opposing evidence and will only accept what appears most credible; if that is not possible, it will disregard the evidence altogether.

Article One of the Law of Evidence states that its provisions are applicable to civil and commercial transactions. Article Two establishes that the plaintiff is responsible for proving their claim, while the defendant has the right to contest it. The facts that need to be proven must be relevant to the lawsuit, contributory, and admissible. Judges are not permitted to base their rulings on personal knowledge.

Article Three of the law outlines that the burden of proof lies on the plaintiff, and the taking of an oath is upon the one who denies (the allegation). Moreover, the burden of proof is on the person who makes a claim at odds with a situation as established by principle, and oath for the preservation of the original. Also, an admission is an argument that is limited to the person making the admission and does not extend to others, as for evidence, it is a transitive argument that extends to others. Evidence that is established is equivalent to that which is directly observed.

Digital evidence within the Law of Evidence refers to evidence obtained through digital means that can retrieve or clarify its context. This includes digital records, digital signatures, digital edits, digital media, and various forms of digital communication, such as emails and other digital correspondence. Digital evidence is regarded with the same authority as written proof under this law.

Informal digital evidence is regarded as valid against the parties involved in a transaction - unless proven otherwise - in the following situations: if it complies with the Electronic Transactions Law or the E-Commerce Law, if it originates from a digital means specified in the contract under dispute, and if it comes from a documented or publicly available digital source.

Under the Law of Evidence, the court may, either on its own initiative or at the request of one of the parties, question any present parties. Additionally, any party may directly interrogate their opponent. The court can also order the opponent to be present for questioning, either on its own or at a party's request. The person designated for interrogation must attend the specified session. If the opponent fails to appear without a valid excuse or refuses to answer without a justifiable reason, the court may take appropriate action based on this. It may also accept evidence from witness testimony and circumstantial evidence in situations where such evidence would normally be inadmissible.

The Law of Evidence states that evidence can be based on custom or practice between the parties when there is no specific text or agreement between them, as long as it does not violate public order. Its articles also specify that anyone relying on custom or practice must demonstrate its existence at the time of the incident. Any party can challenge the validity of the established custom or practice and counter it with stronger evidence. In cases of conflict, custom between the parties and private custom take precedence over general custom. Additionally, the court may appoint an expert to verify the existence of such custom or practice when necessary.

Some of the concluding provisions regarding the written evidence in the Law of Evidence ‎stipulate that the written evidence can be replaced with acknowledgment, the ‎principle of permanence in writing, or a conclusive oath. The principle of permanence in writing refers to all writings issued by the opponent that can deem the existence ‎of the alleged conduct possible.‎

Witness testimony may be used to prove matters that typically require written evidence, provided that the principle of written evidence applies and that obtaining written evidence is hindered. This could be due to material obstacles, such as the unavailability of someone to write, the evidence applicant being a third party not involved in the contract, or moral obstacles related to kinship, marriage, or family ties.

When presenting the oath, the opponent must clearly specify the facts they want the other party to swear to and articulate the phrasing clearly; the court may revise this wording.

The oath can be invoked in matters concerning financial rights and in any aspect of the lawsuit. However, it cannot be directed toward a fact that contravenes public order. The court is required to disallow an oath that is unrelated to the lawsuit, unproductive, or inappropriate, and may also intervene if the opponent is acting capriciously in requesting it.

Article Seventy of the Law of Evidence specifies that individuals who are under the age of fifteen or who are not of sound mind are not qualified to testify. However, statements from those under fifteen may be considered for informational purposes.

Before providing testimony, a witness must disclose any relationships they have with the parties involved in the lawsuit or any interests they may hold in the case. Testimony from individuals seeking to harm or benefit from the lawsuit is inadmissible. Additionally, a parent cannot testify for their child, nor can a child testify for their parent. Spousal testimony is also not accepted, even after separation, nor can a guardian or trustee testify on behalf of the person they oversee.

Furthermore, employees and public service workers, even after leaving their positions, are prohibited from testifying about confidential information obtained during their employment. This restriction remains unless confidentiality is waived or authorized by a competent authority ompetent authority at the request of the court or one of the parties involved.

The Law of Evidence governs commercial and civil transactions, specifying that admission is an argument that is limited to the person making the admission and does not extend to others, as for evidence, it is a transitive argument that extends to others. Evidence that is established is equivalent to that which is directly observed. Proving an obligation does not necessitate a specific format unless otherwise stipulated by law or an agreement between the parties.

Additionally, the law clarifies that orders, decisions, and judgments made during evidence procedures do not require reasoning, except in the case of final judgments. In all circumstances, the reasons for judgments in urgent evidence cases must be documented. The court is required to schedule a date if it decides to initiate any evidence procedures or designate one of its judges for the task. Furthermore, the court can proceed with evidence procedures even if one or both parties are absent, provided they have been notified of the scheduled date.

The Law of Evidence regulates commercial and civil matters and adopts written ‎evidence as primary evidence. It also adopts digital evidence and witness testimony.‎