General Provisions
Article 1
The following terms, wherever mentioned in these rules, shall have the meanings indicated before them, unless the context requires otherwise:
Law: The Law of Evidence.
Rules: Rules governing the expertise affairs before the courts.
Ministry: Ministry of Justice.
Minister: Minister of Justice.
Unit: The unit concerned with expertise affairs.
Expert: A person licensed with experience in accordance with the provisions of the rules.
List: List of licensed experts.
Article 2
The rules shall apply to experts who undertake expert work before the judicial bodies, in accordance with the Law of Evidence.
Article 3
1- It is not permissible for any expert who is not on the list to undertake the work of the expert, in accordance with the provisions of the rules.
2- The work of expertise may be assigned to a government body, and the relevant legal procedures shall apply to it.
Unit concerned with expertise affairs
Article 4
A unit specialized in expertise affairs shall be established in the Ministry, which shall handle all matters related thereto.
Article 5
In addition to the tasks stipulated in the rules, the Unit undertakes the following:
1- Licensing of experts.
2- Classify experts, prepare their own lists.
3- Evaluating experts, inspecting their work.
4- Investigate complaints submitted against experts.
5- Preparing the necessary programs to raise the efficiency of experts.
6- Issuance of manuals governing the work of experts.
7- Issuance of criteria for the nomination of experts.
8- Issuance of forms relevant to the work of the experts.
9- Coordination with the competent departments of expertise in the judicial bodies.
10- Making the necessary proposals to enhance the effectiveness and quality of the implementation of the work of expertise, including the preparation of studies and research.
11- Periodic review of the relevant rules, coordination with the relevant bodies, proposing any amendments they deem appropriate, and submitting them to the Minister.
12- Establishing activities and participate in related events.
13- Organizing initiatives aimed at raising the level of awareness of expertise.
14- Any other competence assigned to it by the Minister in relation to the expertise.
Article 6
The unit prepares the following:
1- Classification of experts according to specialization, and it may seek the assistance of the professional bodies.
2- List of licensed experts in each specialization, according to their qualifications and experience.
Licensing of experts
Article 7
The following shall be required for the license of a natural person:
1- To be licensed in the professional specialization related to the classification of expertise, and to have his license for a period of not less than (three years), and to have his license valid.
2- Be of good character.
3- He must not have been sentenced for a disciplinary decision in his field of work unless the decision has been issued for a period of (one hundred and eighty) days.
4- He must not have been sentenced for a crime against honor and honesty, unless he has been rehabilitated.
5- To pass the qualification program prepared by the unit.
6- To pass the test prepared by the unit.
7- Submitting a valid insurance policy in favor of the Unit, throughout the license period against responsibility for professional misconducts, issued by one of the insurance companies licensed to work in the Kingdom, and the Unit specifies what is included in the insurance policy, and how to implement the policy.
8- To undertake to abide by the provisions of Article (19) of the Rules.
9- To pay the financial fee prescribed for the license.
10- Any other conditions determined by the Unit in this regard.
Article 8
Subject to the relevant regulations, a legal person may be licensed with the following conditions:
1- Submitting a valid insurance policy in favor of the Unit, throughout the license period against responsibility for professional errors, issued by one of the insurance companies licensed to work in the Kingdom, and the Unit specifies what is included in the insurance policy, and how to implement the policy.
2- Paying the financial fee prescribed for the license.
3- The person undertaking the work of expertise must be a licensed expert, in accordance with Article (7) of the rules.
4- Any other conditions determined by the Unit in this regard.
Article 9
The Unit may license experts in a specialization in which there is no professional license, including licensing for those with rare experience, and those who are familiar with the custom followed in a particular activity, craft or specific field, provided that the Unit specifies the conditions of the license, and its procedures.
Article 10
The Unit shall prepare a special program for the qualification of experts according to their specializations, and it shall have the assistance of professional bodies.
Article 11
The unit prepares the test for the license.
Article 12
The license application shall be submitted to the natural person according to the form prepared by the Unit, accompanied by the following:
1- A copy of the professional license in the specialization in which the license is applied for.
2- A copy of the certificate of passing the qualification program.
3- A copy of the certificate of passing the test.
4- A copy of the undertaking of the obligations contained in Article (19) of the Rules.
5- A pledge that he has not been sentenced any disciplinary decision within a period of (one hundred and eighty) days.
6- A pledge that he has not been sentenced any criminal judgment for a crime against honor and honesty unless he is rehabilitated.
7- Insurance policy.
8- Any other documents requested by the Unit.
Article 13
The license application of the legal person shall be submitted according to the form prepared by the Unit, accompanied by the following:
1- A copy of the Article of Association and a copy of the Certificate of Registration.
2- A copy of the license of the person undertaking the work of expertise.
3- Insurance policy.
4- Any other documents requested by the Unit.
Article 14
Without prejudice to the relevant regulations and professional standards in the licensed specialization, the expert may be licensed in more than one specialization.
Article 15
The Unit shall issue a decision to license within (thirty) days from the date of completion of the application if it meets the conditions. If it does not meet the conditions, it shall issue a reasoned rejection decision, and the applicant may file a grievance against the decision before the Administrative Court, within (thirty) days from the date of notification thereof.
Article 16
1- The license is issued with the following data:
a- Licensed Data.
b- Licensed specialization.
c- Any other data determined by the Unit.
2- The licensed shall be included in the list as soon as the license is issued.
3- The license period is (five years) renewable.
Article 17
The following is required for the renewal of the license:
1- Submitting the renewal application at least thirty days before the expiry of the license period.
2- The license conditions are still available in the applicant.
3- Passing the tests and training courses specified by the Unit.
4- Paying for the renewal fees.
Article 18
The license expires in one of the following cases:
1- The expiry of the license period.
2- Canceling the license.
3- The expiry of the professional license.
Expert Obligations
Article 19
The expert is committed to the following:
1- Compliance with applicable laws, relevant regulations and rules.
2- Adherence to technical standards, and professional ethics related to the licensed professional specialization.
3- Carrying out his task accurately, honestly, faithfully, impartially and objectively.
4- Carrying out the task assigned to him, adhere to the deadlines, and appear before the court on the specified dates.
5- Not to disclose the data and information that is shown to him by virtue of his task, and to maintain its confidentiality even after the end of his task, except in the cases prescribed by law.
6- Timely performance and completion of work and filing of experience reports.
7- Maintain authenticated copy of the reports prepared by him.
8- Return the papers, documents or others received by him immediately after the completion of his task.
9- Not to engage in expert work in the cases stipulated in Article (20) of the Rules.
10- Adhere to all what is issued by the Unit regarding work rules and skills improvement, including training programs organized by the Unit.
11- Provide the unit with and inform it of what it requires from him in order to monitor its work and evaluation.
12- Notify the Unit, within five days, of any amendment or change to its address, license data, and everything that affects the continuation of the license.
13- Any other obligations determined by the Unit in this regard.
Article 20
The expert is prohibited from engaging in expertise work in the following cases:
1- Cases in which he has a relationship or an interest, or in which he is an agent of one of the litigants, or a custodian, or a guardian, or a trustee of an endowment, or the like, or he worked for one of the litigants, or he had a dispute with one of them; unless this dispute was established after the appointment of the expert with the intention of dismissing him.
2- Cases in which one of the litigants is related to him or son-in-law to the fourth degree.
3- The cases in which he has previously expressed an opinion.
Article 21
The expert shall be independent in the performance of his work, and he may not be subjected in a way that affects his opinion.
Inspection of experts' work
Article 22
1- In the unit, a sufficient number of employees are allocated, who are responsible for the following:
a- Periodic inspection of experts' work.
b- Investigation complaints.
c- Investigation prior to the commencement of disciplinary proceedings.
2- The inspector shall have the power of inspection and seizure and any procedure required by his work in connection with the work of experts, and the expert shall enable the inspector to carry out his work.
Article 23
The Unit receives all complaints related to the work of the expert or his violation of his obligations, and it may investigate them, request the expert's statement, and dispose of the complaint by filing it or referring it to the competent committee stipulated in Article (25) of the rules.
Disciplinary Procedures for Experts
Article 24
Disciplinary proceedings and sentencing must be preceded by an investigation by the Unit.
Article 25
1- A committee shall be established by a decision of the Minister to consider the violations and impose the penalties stipulated in the rules.
2- The committee shall consist of three members, provided that its chairman is one of the specialists in Sharia or Laws.
3- Decisions of the Committee shall be made by a majority.
Article 26
1- Without prejudice to any other penalty stipulated in another law, the expert shall be subject to any of the following penalties:
a- Warning.
b- A fine not exceeding ten thousand riyals.
c- Suspending the license for a period not exceeding two years.
d- Canceling license.
2- It is permissible to license a person who has been punished with cancellation if he meets the conditions mentioned in Article (7) of the rules, and a period of not less than three years has elapsed from the date of cancellation.
Article 27
The decision of the committee shall not be final until it has been approved by the Minister.
Article 28
The decision may be appealed after its adoption within (thirty) days before the Administrative Court.
Article 29
The judicial bodies and the licensed professional body of the expert shall be informed of a copy of the final decision of the penalty.
Article 30
The final decision issued on the penalty of cancellation shall result in the following:
1- Canceling Expert License.
2- Writing-off the expert name from the list.
Article 31
The final decision issued on the penalty of suspending the license shall result in writing-off of the expert's name from the list temporarily, while continuing the work previously assigned to him.
Final Provisions
Article 32
The judicial authorities shall continue to use experts in accordance with their current procedures, until the list is approved by the Unit in accordance with the rules.
Article 33
The Minister shall issue executive decisions related to the Unit, including the following:
1- Creation of the unit.
2- Approving the organizational guide of the unit.
3- Determining the financial compensation for the following:
a- Qualification program.
b- Testing.
c- License and renewing it.
Article 34
1- The Unit shall prepare the necessary procedures for its work, and shall be approved by the Minister.
2- The unit shall prepare the necessary models for its work.