General Provisions
Article 1
The following words, wherever mentioned in these manuals, shall have the meanings indicated before them, unless the context otherwise requires:
Law: The Law of Evidence
Manuals: Procedural Manuals for the Law of Evidence.
Article 2
Where no special provision is made, the provisions of the Law and the manuals shall apply to evidentiary in civil and commercial cases, including evidentiary in family matters and labor disputes matters.
Article 3
1- With regard to evidentiary manuals and its authority, the provisions of the existing Law shall apply at the time when the facts or actions to be proven arise.
2- Each of the evidentiary procedures that were valid before the entry into force of the Law shall remain valid, and the procedures stipulated in the Law and the manuals shall be applied to the evidentiary procedures following its entry into force.
Article 4
The court verifies the evidential burden in accordance with the established rules before conducting the evidentiary proof.
Article 5
The litigant shall not be prevented from presenting evidence unless the Law and the manuals stipulate otherwise, while the court shall assess its evidentiary authority and its reasoning.
Article 6
Without prejudice to the provisions of the Law, the court may take into account the missing evidence whenever it is supported by other evidence or a presumption, and its reasoning.
Article 7
1- Adherence to the agreement on specific evidential rules shall be at the time of filing the case or submitting the first defense memorandum, as the case may be, otherwise the right to adhere to it shall be forfeited.
2- The litigants may agree on specific evidentiary rules after the dispute has arisen at any stage of the case, by a memorandum submitted to the court.
Article 8
1- The evidential burden rests with those who claim to agree on specific rules of evidentiary.
2- Agreement on specific rules of evidentiary includes the following:
a- Identify specific evidence or proofing form.
b- Expertise Procedures.
c- Acceptance of the expert's report result.
Article 9
1- In cases where the court considers the agreement of the litigants to an evidentiary procedure, this must be proven when the procedure is taken.
2- If the court didn't consider the agreement of the litigants because it violates public order, it must clarify the violation aspects.
Article 10
1- In all cases, the reasoning stipulated in the Law and manuals shall be in the judgment issued on the merits of the case, unless otherwise stipulated.
2- The reasoning related to the evidentiary procedure in the judgment issued in the subject shall include the following:
a- Statement of the presented evidence, its reliance aspects, and the substantive defenses.
b- How the court considers each evidence or defense.
Article 11
Where no special provision is made, the objection to any of the evidentiary procedures shall be in line with the objection to the judgment issued in the case.
Article 12
1- The court may assign one of its judges to initiate any evidentiary procedure, except to hear the oath.
2- The court shall, when assigning one of its judges, issue a decision, which shall be recorded in the minutes, including the following:
a- Name of the assigned judge.
b- The type of evidentiary procedure assigned to it, and its scope.
c- The powers granted to the assigned judge.
Article 13
1- The competent department shall develop and implement a plan for evidentiary procedures after approval by the court, or by the judge assigned for the evidentiary procedures, as the case may be, within the case management plan.
2- With the exception of questioning, hearing the oath and taking the oath, evidence and requests related to evidentiary procedures and their preparation shall be submitted to the competent department.
Article 14
1- Where no special provision is made, the provisions of the Law and the manuals shall apply to any evidentiary procedure taken by the court, the assigned judge of the evidentiary procedures, or the competent department, and shall have the effects stipulated by law.
2- The evidentiary procedure taken by the assigned judge or the competent department shall be subsequent to approving the procedure by the court, including the forfeiture of any right to any plea or request related to that procedure if it is not plead or requested by the litigant before either of them, as the case may be.
3- The court, on its own initiative or at the request of any of the litigants, may resubmit the evidence or any plea or request related thereto, and the court may revoke the procedure, or not consider its result in accordance with Article (9) of the Law.
Article 15
1- Where no special provision is made, evidence must be presented at the time of filing the case, or the submission of the first defense memorandum, as the case may be, unless the court authorizes it to be presented at another date.
2- In cases where the evidentiary procedure is permissible under the law to be taken before registration, the person who adheres to the evidentiary procedures that took place before the registration of the case must submit a copy thereof to the court at the time of registering the case, or submit the first defense memorandum, as the case may be.
Article 16
Where no special provision is made, when submitting any evidence to the court, a clear copy of the evidence must be attached, if its nature so permits, accompanied by a memorandum stating the following:
a- Type of evidence, and its data.
b- Its connection to the case, and its effects on it.
Article 17
1- Where no special provision is made, the provisions of notification, the presence and absence of the litigants mentioned in the relevant Laws shall apply to the procedures of notifying the litigants, and any person related to the evidentiary procedure, including those residing outside the Kingdom, unless the litigants agree otherwise.
2- Any notification related to the evidentiary procedures, in addition to the data contained in the relevant Laws, must include the following:
a. Content of the procedure to be taken.
b. Effect of non-attendance; if procedure to be taken is taking the oath.
3- The statutory effects shall not apply to a person who has not been notified in accordance with paragraph (2) of this Article, and the court shall record the result of the notification date in the event of absence.
Article 18
1- The procedure related to the evidence must be taken on the specified time.
2- The plea made by the litigant regarding any evidence or evidentiary procedures must be reasoned, and to be made in the same hearing.
3- In all cases, the court may, on its own initiative or at the request of one of the litigants, postpone approving the procedure or submitting the plea, and it is not permissible to postpone it more than once.
Article 19
1- If the litigant fails to attend, refuses or fails to submit what has been assigned to him, without an acceptable excuse, the court may decide to forfeit his right to present evidence, or any plea, or request related to it, as the case may be, without prejudice to any other effect prescribed by the Law.
2- The evidentiary procedure made in the absence of the litigant shall not be repeated, even if his absence is excused, without prejudice to his right to view the procedure, submit any plea, or request related to it in accordance with the provisions of the Law and the manuals.
3- The provisions contained in this Article shall be without prejudice to the provisions of attendance and absence contained in the relevant Laws.
Article 20
1- Where no special provision is made, the evidentiary procedures may be delegated, including the submission of evidence, the challenge of evidence, or any related request.
2- In the pleading, the power of attorney authorizes the proxy to take any of the evidentiary procedures, and in all cases, the power of attorney must include explicit provision for special delegation to the agent for any of the following:
a- Declaration
b- Request the oath to be taken, accept it, reject it, and to refrain from taking it.
c- Allegation of document forgery.
d- Accept the result of the expertise report.
Article 21
1- Subject to the relevant Laws, the evidentiary procedures shall be recorded in the minutes, including the following:
a- Evidence, and submissions made by litigants relating to evidentiary procedures.
b- Procedures, orders, decisions and judgments relating to evidence.
2- Where no special provision is made, orders, decisions and judgments relating to evidentiary procedures shall not be issued as an independent instrument. Any litigant may obtain an extract of the minutes.
Article 22
The court shall, when revoking any of the evidentiary procedures, record this in the minutes, showing the following:
1- The revoked procedure.
2- Reason for revocation.
The consequences of revocation when necessary.
Article 23
Modern technologies may be used in evidentiary procedures, including artificial intelligence, and any procedure achieved by the use of these technologies shall be dispensed with.
Article 24
The court shall record the inability to take the procedure electronically in the minutes before the transition or assignment, in accordance with the provisions of Article (11) of the Law.
Article 25
In cases where the procedure requires the court to transit to take an evidentiary procedure, the following must be observed:
1- Issuing a transition decision to be recorded in the minutes, provided that it includes the type of transition, the name of the person responsible for the transition, its date, and its place.
2- Notify the litigants of the date of transition.
3- Preparing the minutes of the transition, recording its data, and its result.
4- Record the result of the procedure in the minutes.
5- Attach the transition minutes to the case.
Article 26
In cases where the procedure requires the assignment of another court, the following must be observed:
1- Issuing an assignment decision to be recorded in the minutes, provided that it includes the following:
a- The name of the assigned court.
b- Summary of the facts, and the type of procedure.
c- Powers granted to the assigned court.
2- Inform the assigned court of the assignment decision.
3- The Kingdom's obligations in the international conventions to which it is a party, if the deputizing is for an evidentiary procedure outside the Kingdom.
Article 27
In cases where the evidentiary procedure is related to the mute or the like in accordance with the provisions of Article (12) of the Law, the following shall be followed:
1- His writings shall be before the court.
2- The translation of his signal shall be mediated by a certified translator.
Declaration
Article 28
The Court shall verify the capacity and eligibility of the declarant.
Article 29
The provisions of judicial declaration shall apply to the following:
1- Any declaration issued before the court, including what has been done before the competent department, or what is stated in the requests or memorandum submitted in the case.
2- Any declaration issued before the court, even if it is not competent, or before the arbitral tribunal or committees with jurisdiction.
Article 30
The authority of the judicial declaration shall not cease in the following cases:
1- The deputy's status ceased to exist after his declaration.
2- Considering the case as if it had not been filed.
3- Rescission or cancelation of judgment
Article 31
Declaration shall not be conditional on the acceptance of the declarant, or his presence, without prejudice to his right to view and object to its contents, and the declarant may reject the declaration.
Article 32
The burden of proving the existence of a defect of will in the declaration falls on the claimant.
Article 33
In the event that the submitted plea results in the fragmentation of the declaration, the court shall decide what it deems appropriate, and the reasons for this shall be stated in the minutes.
Article 34
Any declaration made during the conciliation and mediation proceedings, or concluded from the files and documents submitted therein, or resulting therefrom, shall not be argued except for the following:
1- Evidence and documents available other than conciliation and mediation.
2- What is required to implement the reconciliation or settlement.
3- The parties to the conciliation and mediation agree otherwise.
Questioning
Article 35
The court may, on its own initiative or at the request of any of the litigants, conduct the questioning at any stage of the case.
Article 36
Where no special provision is made, deputizing shall not be permitted in answering the questioning.
Article 37
1- Any of the litigants may direct the questions directly to his litigant, and if he finishes the questioning, he may not raise new questions related to the same facts except with the permission of the court.
2- The objection shall be from the litigant to the question addressed to him immediately after the question is asked, with indicating the objection, otherwise his right to do so shall be forfeited, and if the court decides to reject the objection, the litigant shall answer the question, otherwise he shall be deemed to have abstained from doing so.
Written Documents
Article 38
An ordinary document shall be deemed issued by the person to whom it is attributed if he fails to expressly declare his denial in relation thereto, or alleged to be forged.
Article 39
1- Denial of the ordinary document or allegation of forgery after discussing its subject is not acceptable.
2- The discussion of the document's subject is: Any formal or substantive plea with regard to the document.
Article 40
1- The form of the ordinary document, which has not been disputed by the concerned parties, shall be considered as identical to its original.
2- If concerned party dispute the validity the copy of the ordinary document, it must be matched to its original.
3- The copy of the ordinary document shall be taken into account if the litigant discusses its subject matter, and a dispute shall not be accepted from him in its conformity with its original.
4- Whoever argued the form of an ordinary document, the dispute shall not be accepted from him by requesting its conformity to its original.
Article 41
A copy of the ordinary document disputed by any of the concerned may be considered as evidence in the evidentiary, and it was not possible to match it to its original, in any of the following cases:
a- If supported by other evidence.
b- If it is kept and verified with a public body.
Article 42
The request to oblige the litigant to submit any document under his hand shall be in accordance with the provisions of Article (34) of the Law by a memorandum, and the court decides on its own initiative not to accept the request, when it does not meet the elements stipulated in paragraph (2) of Article (34) of the Law.
Article 43
1- The request to oblige the litigant in commercial cases to submit a document under the hand of his litigant or review it shall be in accordance with the provisions of Article (36) of the Law by a memorandum containing the following:
a- Prove that the document is related to a relationship with the commercial deal in question, or that it leads to the disclosure of its truth.
b- Identify the document itself or its type.
c- Declaration from the applicant that the document is not confidential in nature or that reviewing it does not violate any right to commercial confidentiality or any rights related to it. Further, if the litigant pleads with confidentiality, he must submit his plea accompanied by proof of its validity at the same session unless the court decides to give him time for that.
d- If the request meets the legal requirements, the court shall order its submission or review by a decision that is recorded in the minutes, and the litigants may obtain an extract from it, and the decision shall be final and not subject to objection.
e- If the request does not meet the requirements for its submission, the court shall, on its own initiative, decide not to accept it and it shall be recorded in the minutes.
Article 44
If the litigant refrained from submitting the document, or from enabling the applicant to view it, in accordance with Articles (34) and (36) of the Law, he may not argue it thereafter in the case.
Article 45
1- The provisions of the third party joinder to show the truth contained in the relevant laws shall apply to the joinder of a third party in order to oblige him to submit a document under his hand, provided that the request submitted by the litigant meets the elements stipulated in paragraph (2) of Article (34) of the Law.
2- In cases where it is necessary to join a third party to present a document, the court may dispense with the joinder when it is possible to submit the document directly to the court.
Article 46
The court shall not accept the request of the litigant for a document from a public entity unless it includes the following:
1- Proof that the document could not be submitted by the litigant.
2- Identify the required documents, and indicate their relevance to the case, and their impact.
Article 47
1- If material defects appear in the document, the court must assess their effect on the authenticity, and indicate the reasons for this.
2- In the event that the document validity is in doubt in the court's view, and the facts of the case and its documents are not sufficient to rule on the subject matter, the court may decide to ask the person who issued it, or invite the person who edited it to clarify the truth of the matter.
Article 48
In the event that the litigant denies the document or claims its forgery, he must specify the place of denial, or forgery, and its effect.
Article 49
1- The order to investigate the denial of the document or the claim of forgery does not prevent from continuing to hear the case, unless all the requests are related to this document, and neither the litigants nor any of them has any other evidence.
2- The investigation procedures in accordance with the provisions of the law shall be recorded in the minutes, including what the court decides in each case, as the case may be.
3- In all cases, any of the litigants may object to any of the investigation procedures, and the court shall decide on it by a reasoned decision in the minutes.
Article 50
1- The denial of the document validity shall be made by the person who argued it by indicating his denial aspects, and its effect on the document, by a memorandum or orally, and shall be recorded in the minutes.
2- The following shall be required for investigation in case of denial:
a- To request the person who argued the investigation of the document.
b- The document must be produced in the case.
c- The facts and documents of the case are not sufficient to convince the court of the authenticity of the handwriting, signature, seal or fingerprint.
3- If the conditions stipulated in paragraph (2) of this article are not met, the court shall, on its own initiative, decide not to accept the request for investigation, and it shall be recorded in the minutes.
4- If the conditions referred to in paragraph (2) of this article are met, the court shall order to conduct the investigation, provided that its decision includes identifying the way of the investigation by comparing or hearing the witnesses or both, in accordance with the provisions of the law.
Article 51
1- If the investigation is conducted by comparing, following procedures shall be followed:
a- Direct the person who has of the original of the document to submit it to the court. If he is the denier and refuses to hand it over, his right to deny shall be forfeited, and the document shall be deemed to be valid. If the document is under the hand of the person who argued it and refuses to hand it over, the document shall be deemed to be non-existent.
b- Direct the litigants to submit their documents for comparison, and agreeing on the ones that are valid. If they do not agree, Article (42) of the Law shall apply.
c- Assign an expert to perform comparison and dictation.
d- The court may order that the official documents required to be compared be brought from the party where they are kept, or the expert shall move to view them without transferring them.
2- Comparison is: Comparing the handwriting, signature, seal or fingerprint that was denied, to the handwriting, signature, seal or fingerprint of the person to whom the document was attributed.
Dictation is: Requesting writing from the person who denied the attribution of the document to him before the competent authority; to compare his handwriting with what is written in the document that he denied it.
Article 52
If the investigation is held by hearing the witnesses, the person who argued the document must mention the names of the witnesses before the session specified for the investigation, and the hearing of their testimony shall be in accordance with the provisions of the section of the testimony, and he may not present other witnesses except those who mentioned them.
Article 53
1- The person who denies the document may waive his denial before the end of the investigation procedures, and that the denial of the document after his waiver shall not be accepted.
2- The person who argued the document in question may terminate the investigation procedures, in any case, by relinquishing the adherence to this document.
Article 54
1- The fine shall be multiplied if the document is judged to be valid after denying it in the following cases:
a- If the document belongs to a number of people, and its validity was denied by each of them.
b- If the deniable documents are multiplied.
2- A person who denies the validity of the document shall not be fined if he waives his denial before the end of the investigation procedures in it; unless he proves to the court that he intended to deceive his litigant, or delay the adjudication of the case.
Article 55
1- The allegation of forgery shall be made by memorandum or orally and shall be recorded in the minutes, and it shall include the following:
a- Data of the document alleged to be forged.
b- Alleged forgery aspects, and its evidence.
c- Its impact on the case.
d- The investigation procedures by which it is required to be proven.
2- If the allegation of forgery does not meet the requirements for filing referred to in paragraph (1) of this article, the court shall, on its own initiative, decide not to accept the allegation of forgery, and it shall be recorded in the minutes.
3- If the allegation of forgery meets the requirements for its submission referred to in paragraph (1) of this article, the court shall order its investigation by a decision recorded in the minutes, if the conditions mentioned in paragraph (2) of Article (44) of the Law are fulfilled.
Article 56
The fine shall be multiplied if the allegation of forgery of the document is rejected, or if the right of forgery claimant in evidentiary is forfeited in the following cases:
1- If the document was affiliated with a number of persons, and each of them claimed to have forged it.
2- If there are multiple documents that are the subject of the allegation of forgery.
Article 57
If the forgery of the document is proven, the court shall refer the incident to the Public Prosecution, accompanied by the original of the forged document, the expert's report, and the court's ruling related to the incident.
Article 58
Submitting the original forgery claim to the court originally competent to consider the dispute related to the document.
Article 59
Without prejudice to the Kingdom's obligations under the international agreements to which it is a party, whoever argues the paper or digital document issued outside the Kingdom must attach to it the evidence of its ratification by the competent authorities in the country in which it was issued and the competent authorities in the Kingdom.
Digital Evidence
Article 60
Refer to the concept of types of digital evidence stipulated in Article (54) of the law for the relevant laws, including the electronic transactions system.
Article 61
1- A person who argues the digital evidence benefiting from a digital means stipulated in the contract in question or in the public domain or notarized must provide proof of this.
2- Publicly available digital means: Any means that has been made available for general use, or for dealers with a particular type of interaction.
3- Documented digital means: Any means licensed by the competent authority that has been made available to dealers.
Article 62
Proving the claim of the incorrectness of the digital evidence in accordance with Article (58) of the Law shall mean proving the forgery, or proving a difference in its content, in accordance with the provisions of Article (26) of the Law.
Article 63
Taking into account what is stated in Article (16) of the manuals, the submission of any digital evidence must be accompanied by the following:
1- Description of type of digital evidence.
2- The content of the evidence and a copy of it whenever its nature so permits.
Article 64
The content of the digital evidence shall be submitted in writing, if its nature so permits. In the event of litigation, the digital evidence shall be submitted as follows:
1- In its original form; when the court has direct access to review it.
2- By other digital means; once a copy is provided, including submitting it via digital means, the provider of the digital evidence shall retain the evidence in its original form.
Article 65
The provisions of the request for submission or access to the document, stipulated in Articles (34) and (36) of the Law, and Articles (42), (43) and (44) of the manuals, shall apply to any request for submission or access to the content of digital evidence related to the case.
Article 66
When the litigant disputes the validity of the extract from the digital evidence, it must be matched on its digital record.
Article 67
If the court considers that the provisions of Part Three of the Law do not apply to the digital evidence because they are inconsistent with its digital nature, the inconsistency shall be revealed.
Article 68
The Court may seek the assistance of an expert to verify the digital evidence, in accordance with the provisions of Part Ten of the Law.
Testimony
Article 69
1- The court shall not, on its own initiative, accept evidentiary with the testimony of witnesses in proving the existence or lapse of the actions mentioned in paragraph (1) of Article (66) of the Law, unless there is a statutory text or agreement between the parties to the contrary, provided that this is recorded in the minutes.
2- The court shall not, on its own initiative, accept evidentiary with the testimony of witnesses even if the value of the action does not exceed (one hundred thousand riyals or its equivalent) in the cases mentioned in Article (67) of the law.
3- All material facts may be proved by testimony, including an injurious act.
4- Action: It is the tendency of the will to produce a certain systemic effect, and the system imposes this effect on it, and it includes the contract and the unilateral will.
5- The incident is: A material incident that has an impact on the system, whether its occurrence is voluntary or involuntary.
Article 70
1- In applying Article (68) of the Law, the court shall verify the availability of the cases mentioned therein, provided that this is recorded in the minutes.
2- The provisions of Article (68) of the Law shall not apply to what the Law requires to be validated in writing, or to what violates or exceeds what is included in written evidence.
Article 71
The court shall, on its own initiative, verify the age of the witness, and the integrity of his awareness.
Article 72
The request to hear the testimony must include the following:
1- Number of witnesses, their names and place of residence.
2- Subject of testimony, and its connection to the case.
Article 73
1- If the court decides to hear the testimony, it shall appoint a hearing session for that purpose. The failure of witnesses to appear at the date shall result in the loss of the right to hear the testimony unless the court decides to grant a grace period, in accordance with the provisions of the Law and the manuals.
2- If the court decides to grant the litigant a grace period to bring his witnesses, it shall explain the reason for the grace period.
Article 74
1- Before testimony, the witness must indicate:
a- His full name, date of birth, occupation and place of residence.
b- His relation with the litigants from relatives, work or others, and disclosing any relationship with them, or any interest in the case.
2- Testimony shall not be admissible if the witness does not indicate the data mentioned in paragraph (1) of this article, or if it indicates otherwise.
Article 75
If the court decides to take the witness's oath, it shall explain its reasons, and determine the oath formula.
Article 76
1- The testimony of the witness shall be heard separately in the presence of the litigants, without the presence of the remaining witnesses whose testimony has not been heard.
2- In cases where it is necessary to hear witnesses jointly, the court shall indicate the reason for this.
Article 77
1- The testimony shall be recorded in the form in which it was given, and the court may limit it to what is related to the subject of the dispute, and the witness may amend his testimony as he sees fit, and the amendment shall be mentioned following the text of the testimony.
2- The court may request clarification of the total or ambiguous content of the testimony.
Article 78
1- The witness's appeal of the testimony or the witness shall be at the same hearing at which the testimony was given, and he shall indicate the aspects of the appeal, unless the court decides to grant a grace period if necessary.
2- The appeal and the decision of the court thereon, with its reasons, shall be recorded in the minutes or the judgment, as the case may be.
Article 79
1- Questions to be put to the witness by the litigants shall be at the same session, and shall be recorded in the minutes.
2- The objection to be made by the witness or litigants to the question asked to the witness after the question has been asked immediately, otherwise the right to object shall be forfeited.
3- It is not permissible to interrupt the witness's speech during the performance of the testimony or the answer, and in case of violation, the court may take the legal action.
4- The court shall prohibit questions to the witness if they involve indoctrination or influence of the witness.
Article 80
1- The testimony shall be submitted in writing with the permission of the court, as follows:
a. That the witness wrote it, and signs it.
b. That it includes the data stipulated in Article (74) of the manuals.
2- The submission of the written testimony shall be without prejudice to the right of the court or the litigant to request the attendance of the witness and to discuss him, in accordance with the provisions of the Law and the manuals.
Article 81
If the testimony of the witnesses differs, the court shall determine in the reasons for its ruling the amount of the testimony that it is convinced of its validity; and if this leads to contradiction in the testimony, nothing shall be taken from it, and this shall be proven in the reasons for its ruling.
Article 82
1- The summary case to hear the testimony must include the following:
a- Indicating the incident that is the subject of the testimony.
b- Indicating the necessity, or urgency.
c- Data of the witnessed, if possible.
d- Witness details.
2- The court shall hear the testimony of the witness when it meets the statutory requirements, including the fact that the facts may be proved by the testimony of witnesses.
Article 83
The court shall record any attempt to harm or influence the witness, and shall take legal action in relation to that attempt.
Article 84
To estimate the witness's expenses and in return for his disrupting, the following is required:
1- The witness shall request this at the same hearing at which he gave testimony.
2- To indicate the amount of his transportation expenses and in return for his disruption, and the supporting documents.
Presumptions
Article 85
When the court relies on a presumption stipulated by Sharia or by law, it shall prove its authenticity.
Article 86
In drawing a presumption in the evidentiary, the court shall indicate its significance, provided that it is based on what was put before it in the case.
Article 87
If the court utilizes scientific means to elicit presumptions, it shall indicate the type and significance of the means.
Authenticity of the res judicata
Article 88
When relying on the authenticity of the res judicata, it must state the data of the judgment, its wording, and what proves the availability of the conditions of its authenticity in accordance with the provisions of the law.
Article 89
The provisions of res judicata shall apply to the reasons for the judgment, whenever they are closely related to the operative part of the judgment.
Custom
Article 90
Whoever adheres to custom or norms must indicate the custom or norms he adheres to, their relationship to the case, and their impact thereon, and what proves their existence at the time of the incident.
Article 91
The person who challenges the evidence of custom or norms shall indicate the aspects of his challenge, or evidence proving their opposition in what is stronger than them.
Article 92
In cases where the court relies on custom or norms, the reasons for its ruling shall indicate the custom or norms, their relationship to the case, and their impact on it.
Oath
Article 93
Where no special provision is made, only financial rights may be sworn in.
Article 94
1- The oath shall not be directed in what the law requires for its validity to be in writing.
2- The oath shall not be directed to the legal person.
3- The court may prohibit directing the decisive oath, whenever it deems that the evidence submitted from whoever asked to be take the oath proves his plea.
4- If the court prohibits directing the oath based on Article (96) of the Law and paragraph (3) of this article, this shall be reasoned in the minutes.
Article 95
1- The court shall, on its own initiative, verify the eligibility of the sworn party to act on the oath.
2- It is permissible to direct the oath to the privileged minor who is authorized to sell and buy in what he is authorized to do.
Article 96
The plaintiff's omission of evidence under Article (99) of the Law shall be made orally at the hearing or by a memorandum, and the court shall inform him of the effect thereof before the defendant takes the oath, and it shall be recorded in the minutes.
Article 97
1- The request to take the oath shall be submitted orally in the session or by a memorandum containing the following data:
a- The facts that he wants his litigant to swear on.
b- The oath formula in a clear phrase.
2- The court may amend the formula requested by the litigant to be directed clearly and accurately to the incident in respect of which the oath is requested.
3- The oath shall be taken in the form approved by the Court.
Article 98
If the court rules in the case, at any stage, based on the refusal of the person to whom the oath is directed or the refusal of whoever it was rejected, it is not acceptable for him to perform it after that.
Article 99
The oath applicant's waiver to attend the session specified for its performance shall be orally in the session or by a memorandum, and it is recorded in the minutes, and his failure to attend - with his knowledge - of the date of the session is considered a waiver of attendance.
Article 100
Every evidence that strengthens the litigant's side and is not sufficient to judge it, is considered incomplete evidence, and directs the complementary oath.
Inspection
Article 101
The inspection request shall be submitted by a memorandum that includes the following:
1- The subject of inspection, and its place.
2- The justifications for the inspection request, its impact on the case, and its relevance to it.
3- Any documents related to the indication of the subject of the inspection.
Article 102
1- The court's decision to inspect the disputed must include the following:
a- Date of inspection and its location.
b- Subject of inspection.
c- The name of the expert who was used in the inspection.
2- The decision shall be notified to whoever was absent from the litigants.
Article 103
1- Inspection minutes shall be prepared, includes the following:
a- Its time, date, and who attended it.
b- Inspection procedures and their outcome.
c- Statements from witnesses.
d- Report of the expert who used in the inspection
2- The minutes shall be accompanied by any documents related to the inspection.
Article 104
The court may use modern means of inspection, including means of direct inspection.
Article 105
1- If the applicant fails to attend on the specified date, and the inspection cannot be carried out in his absence, his right to request shall be forfeited.
2- If the inspection is not possible for a reason that does not belong to the litigants, this shall be recorded in the minutes, and the court may decide what it deems appropriate.
Article 106
The court in which the subject of inspection is located shall have the competence to consider the urgent case by inspecting and recording the case.
Article 107
1- In addition to the data stipulated by law, the urgent case sheet must include the following:
a- The reasons for urgent consideration, and that the subject of the inspection may the loss of its features, and the possibility of becoming a subject of dispute before the judiciary.
b- The subject of inspection and its place.
2- Minutes report shall be made for the inspection in accordance with Article (103) of the manuals.
3- The court shall issue its judgment in the summary case by inspecting and proving the case in accordance with the provisions of the summary judiciary and in accordance with the relevant laws.
Expertise
Article 108
1- The court's decision to delegate expertise must include a statement of the expert's mission, his powers, the urgent measures that he is authorized to take, and the litigant charged with depositing the amount, and it shall be recorded in the minutes.
2- The competent department shall indicate the details necessary for the implementation of the decision, and shall manage and prepare the expertise procedures, including the following:
a- Determining the type of specialist expertise, details of the expert's task, powers, and any special tasks related to the nature of the expertise including the identification of sub-technical expertise relevant to the task.
b- Procedures for the nomination, selection and appointment of the expert.
c- Briefing the candidate of the expertise on the case in preparation for his presentation.
d- Anything related the amount of the expertise, including determining its amount, the deadline for its deposit, and how to hand it over to the expert.
e- Time of filing of both the initial report and the final report.
f- Warning the expert if he does not perform the task, or is late to file the report on time.
g- Receiving all documents arising from the expertise procedures.
h- Inform the Parties of any matter related to the expertise.
i- Follow up the work of the expert, and supervise his work during the performance of the task.
j- Review the experience report, and verify that it meets the requirements.
k- Preparation of any application to the Court about expertise.
3- The competent department of the court shall submit a report of all its actions together with the final expert report.
Article 109
Without prejudice to the rules for regulating expertise affairs before the courts, the selection of the expert must take into account the suitability of his technical knowledge and experience with the subject of the dispute.
Article 110
1- If the litigants agree on the expert before the case, the agreement must be adhered to before appointing the expert.
2- If the litigants agree on the expert, the competent department shall prove this, and the expert agreed upon by the litigants shall be assigned; if he is licensed; in accordance with the rules for regulating expertise affairs before the courts.
3- If the litigants agree to conduct the expertise before the case is registered, the expert report must be submitted upon the submission of the case, and the following legal provisions apply to the report for the filing of the final report.
Article 111
1- If the litigants can not agree on the expert, the competent department shall assume the nomination, and it may, if necessary, request an offer from several experts; to choose from among them.
2- The court, when necessary, shall assign more than one expert, provided that it indicates the reason for this.
In all cases, the decision to appoint the expert shall be final and unobjectionable.
Article 112
1- Prior to his appointment, the expert shall submit to the court the disclosure stipulated in Article (113) of the Law in writing.
2- The competent department shall provide the litigants with a copy of the disclosure.
3- If the expert does not disclose, or if anything appears in the disclosure that prevents his appointment, he is excluded.
Article 113
1- The expertise opinion shall be limited to technical issues and shall not extend to any opinion on a systemic issue. If the expert finds that the task involves systemic issues, he shall immediately notify the competent department.
2- If the technical issue in which the expertise opinion differs according to what the court takes in the legal issue, the expert must determine this issue, and indicate the technical opinion according to each possibility.
Article 114
1- The expert shall be entitled to the amount prescribed for the expertise in consideration of performing the task assigned to him as required. If the expert fails to perform his task in whole or in part, the court shall order him to return all or part of what he has received, as the case may be.
2- The amount to be determined for the expertise shall be as follows:
a- If the litigants agree with the expert, their agreement shall prevail.
b- If the litigants do not agree with the expert, the specified amount shall be approved by the selected expert.
3- The Expert shall not refrain from completing the expertise's work for any reason whatsoever, including the inadequacy of the amount established for the expertise.
Article 115
1- The litigant assigned to deposit the amount prescribed for the expertise must deposit it within two days of being informed of this, and in the event that he does not deposit it, the other litigant may deposit it within three days.
2- If the amount is not deposited by any of the two litigants without an acceptable excuse, the competent department shall notify the court accordingly. Accordingly, the court may decide to suspend the case or forfeit the right of the litigant to adhere to the decision of the assignment, as the case may be, unless the expert accepts to postpone the amount until the issuance of the judgment in the subject matter of the case.
Article 116
1- The request for the expert's dismissal mentioned in Article (114) of the Law shall be submitted in accordance with the following procedures:
a- The request shall be submitted to the competent department, and it shall include the reason for the dismissal, and what proves it, if any.
b- The expert shall respond to the dismissal request within two days from the date of notification, and shall stop work immediately until the ruling on the dismissal request.
c- The competent department shall refer the dismissal request to the court, including a report on the dismissal request and responding to it, if any, and the court shall rule on the request in the minutes without the presence of the parties, and its ruling shall be final and unobjectionable, and shall inform the litigants and the expert thereof.
2- The dismissal request shall not be accepted from the litigant who delegated the expert at his choice, and the expert shall be considered selected from the litigant when the experts have been presented to him and he has chosen one of them, or he was one of his candidates, or he did not object to his selection, and this provision shall apply when the knowledge of the litigant is proven due to the dismissal when appointing the expert.
Article 117
In the event that the expert’s work is terminated, before completing the task, or he was dismissed, or accepting the request to dismiss him, another expert shall be appointed, in accordance with the procedures contained in the law and the manuals, and the appointed expert may use the information of the previous expert.
Article 118
Unless otherwise stated in the decision, the decision issued by the court shall be considered to be the secondment of expertise, including the authorization of the expert with the necessary powers to perform his task, including the following:
1- To see the case.
2- Hearing the statements and notes of the litigants, and everyone who deems to hear his statements.
3- Asking the litigants or others to hand him over or show him the books, records, documents, papers or things he deems necessary to carry out his task.
4- Inspecting the facilities, places and things that need to be inspected to carry out his task.
Article 119
The expert shall carry out his task in accordance with the procedures stipulated in the law and the procedural manuals, including the following:
1- To set a date for the commencement of his work not exceeding five days from the date of notification of the appointment, and to inform the litigants and the competent department.
2- In cases where the expert's work requires the meeting with the litigants, he shall inform them of the date and place of the meeting, and shall carry out his works even in the absence of the litigants; when they are properly informed.
3- Adherence to the deadlines specified in the Law and the decisions of the court.
4- Maintaining the confidentiality of the papers and information obtained as a result of his task, and the report issued by him, even after the end of his task, except in the cases prescribed by law.
Article 120
1- The expert shall personally carry out the task assigned to him, and he may seek the assistance of those who work under his supervision and responsibility.
2- If the expert is a person in a legal capacity, he shall indicate the name of the expert in a natural capacity who carries out the task in his name.
Article 121
The expert may, after notifying the competent department, seek the opinion of another expert on a sub-issue that requires another technical specialization, provided that the notification includes the sub-issue, its relation to the task, and the name of the expert who will assume it.
Article 122
1- If any of the litigants or others abstain from handing over the expert or permitting him to view the books, records, documents, papers or things, or inspecting the facilities and places related to his task, the expert shall record this in his report, and complete his task, with an indication of the impact on his technical opinion.
2- If the abstention mentioned in paragraph (1) of this article is dependent on the performance of the task, the following procedures shall be followed:
a- The expert shall submit the matter, including his views, to the competent department in accordance with the provisions of Article (16) of the Law.
b- The competent department shall prepare a report to the court on the abstention and its reason, and what it deems possible to perform the tasks of the expert. The report shall be presented to the court to decide what it deems appropriate, and what it issues in this regard shall be final and unobjectionable.
3- In all cases, the competent department shall inform the expert or litigants of the decision of the court.
4- The procedure mentioned in this article shall be without prejudice to the right of the concerned parties to claim compensation from the abstainer; whenever there is damage as a result of his abstention.
Article 123
1- The expert shall submit to the competent department if his work is intercepted by an obstacle that prevented him from pursuing his task, or the matter requires the expansion of the scope of his task, or the lack of the need for work assigned to him, including what he proposes, and its reasons.
2- The competent department shall prepare a report for the court, and what it deems possible to perform the tasks of the expert, within two days.
3- The court shall decide on the expert's request within two days, and its decision shall be final and unobjectionable.
Article 124
The expertise report mentioned in Article (17) of the law must include the following:
1- The name of the court, the case data, the date of assignment, the date of the report, and the date specified for the submission of the report.
2- Summary of the dispute and the tasks assigned to it.
3- Related parties, and their attributes, with an indication of who was present, or who was represented, and the representation document.
4- The name of the expert, and any experts who have been hired, stating their qualifications and experience.
5- The procedures and works carried out by the expert in chronological order, including the following:
a- The statements of the litigants and their notes, and the statements of the persons who heard them, signed by them, and in the absence of signature, the reason for the abstention is mentioned.
b- The books, records, documents, papers or things that was necessary for the performance of his task that he reviewed or received.
c- His inspection of facilities, places and things.
d- Questions and requests for statements that have been requested, and any investigation or discussion related to his task.
6- Any rules, regulations, standards or scientific sources on which he relies.
7- Observations or objections made by the parties to the initial report, if any, with his opinion thereon, and their impact on the outcome.
8- List of documents on which the report is based, distinguishing between documents submitted by the parties and those collected by the expert, with a copy attached.
9- The expert's technical opinion and its document, as follows:
a- The report must include the expert's opinion on each of the issues included in the tasks assigned to him, and this opinion is based on independence.
b- If there are a number of opinions on the technical matter, the expert shall state the summary of these opinions, and the reasons for the expert's weighting of the opinion chosen.
c- If there are many experts, they shall prepare one report. If there are multiple opinions of experts, the report shall state what they unanimously agreed upon first, and then each expert shall state his unique opinion and his response to the opinions of other experts one by one in the same report. The experts shall sign all the papers of the report.
Article 125
1- The expert shall submit his report to the competent department within the time limit specified for him.
2- The competent department shall verify the completeness of the report in accordance with the provisions of Article (124) of the manuals, and if it is complete, it shall accept its filing, and if it is not complete, the expert shall be returned to complete it.
3- The report is filed from the time the administration accepts its filing.
4- If the expert is unable to file the report within the specified time limit, he shall submit a memorandum containing its reasons, and a summary of the outcome of the work, and the competent department shall prepare a report of the opinion, and submit it to the court to decide what it deems appropriate, and it may, if necessary, extend the period of filing the report.
Article 126
1- The litigants shall be notified by filing the report within twenty-four hours following the acceptance of the filing.
2- The litigants shall have access to the report and its attachments as soon as the filing is accepted, and may obtain a copy thereof.
3- Any of the litigants may discuss the expert's report, by submitting written questions, and these questions must be submitted once, within a period not exceeding five days from the date of acceptance of the filing.
4- The expert shall answer the questions submitted by the litigants, indicate their impact on the result reached, file his final report, including his initial report, and discuss the litigants, within a period not exceeding ten days.
5- The competent department shall prepare its views on the report and submit it to the court, accompanied by all relevant documents related to the expertise, and attached to the case.
Article 127
1- The competent department shall follow up the expert's commitment to the tasks and dates.
2- If the expert does not carry out his task without an acceptable excuse, fails to perform it, or fails to file the report on the specified date, the competent department shall give him a warning, and the court shall be notified accordingly.
3- If the expert does not respond or provides an excuse, the matter shall be referred to the court, accompanied by the relevant reports, to decide what it deems appropriate in accordance with the provisions of Article (18) of the Law.
4- If the delay is due to the litigants, the expert shall submit to the competent department the delay and its cause, the relationship of the litigant who caused it, and what proves that, and the competent department shall prepare a report to that effect, and submit it to the court to decide what it deems in accordance with the provisions of Article (18) of the law.
5- In cases where it is necessary to assign another expert to complete the deficiencies in the work of the previous expert, the department prepares a report to be submitted to the court, to decide what it deems appropriate.
Article 128
1- The expert's task ends with the filing of the final report, in accordance with the provisions of the law.
2- The end of the expert's task shall be without prejudice to the right of the court at any stage of the case to discuss the expert, request the completion of his report, or ask him questions, within the limits of the task assigned to him.
3- If the court decides to summon the expert to discuss it in his report orally or in writing or ask him questions, this shall be recorded in the minutes, and it shall be in the presence of the litigants, and the fulfillment of this may be attributed to the competent department, provided that the discussion is in writing.
Article 129
1- Whoever adheres to the agreement to accept the result of the expert's report contained in paragraph (1) of Article (121) of the Law, shall submit a written copy of it.
2- If the litigants agree to accept the result of the expert's report after the dispute has arisen, their agreement may be by a memorandum signed by them or orally and recorded in the minutes.
Article 130
1- The Court shall, in the event that it does not take into account some of the report, indicate the subjects that have not been taken into account, with an indication of the reasons for this. In all cases, the Court may not address what has not been taken into account when the adjudication of it requires a purely technical opinion, and it may return the task to the expert, or assign another expert, in accordance with the provisions of the Law.
2- The court shall, if it does not take into account the expert's report in whole or in part due to the expert's negligence or error, indicate the aspect of negligence or error.
Article 131
1- Expertise in simple technical matters includes the following:
a- Inventory works.
b- Assessment works
c- Any other works proposed by the competent department.
2- The opinion on the simple technical matter shall be expressed orally or in writing, within a period not exceeding (fifteen) days at most.
3- The decision to delegate expertise mentioned in this article shall be governed by the provisions of the Law regarding the selection of the expert, the determination of the amount of expertise, the person charged with filing it, and the right of the litigants to discuss the expert's opinion. The expert's fees shall be delivered after the end of the task.
Article 132
In cases where the court relies on the report of an expert in another case instead of using an expert in the case, the court shall:
1- Allow the litigants to view and discuss the report.
2- Indicate the relevance of that report to the case, and its connection to the subject of the dispute.
Article 133
The court that delegated expertise shall have jurisdiction to consider the compensation case arising from the work of expertise, provided that this case is filed before the lapse of (ninety) days from the final judgment.
Article 134
It is not permissible to appeal what the expert proves of what was done at his hands or received from the concerned parties within the limits of what he is authorized to prove, except by claiming forgery.
Final Provisions
Article 135
1- The provisions of the Law of Civil Procedure or the Commercial Courts Law, as the case may be, shall be applied to the procedures related to evidentiary procedures, where no special provision is made in Law, manuals, the controls of the Electronic Evidentiary Procedures and the rules for regulating the affairs of expertise before the courts.
2- The competent department shall prepare the operating procedures and forms necessary for the enforcement of manuals.