Saudi proof law
The outcome of the lawsuit may sometimes depend on an answer provided by one of the opponents before the court, and here the importance of interrogating the opponents emerges as one of the procedures organized by the Saudi evidentiary system with the aim of revealing the truth and strengthening the judge’s conviction of the facts in dispute.
This procedure is considered one of the legal means that influence the course of the case, because of its role in clarifying the circumstances and answering the points that need direct explanation from the parties to the case.
What does it mean to question opponents?
Interrogation of opponents means asking the opponent a question by the court or other opponent regarding facts related to the case.
Interrogating opponents is one of the most important methods of proof stipulated in the Saudi evidentiary system, as questions are directed to the opponent to clarify the details of the disputed case and form the judge’s conviction to decide the case before him.
Does the lawyer have the right to question the opponent?
The second party’s lawyer has the right to question the opponent and ask him about the details of the incident and how it occurred, to determine whether he is telling the truth or not, and to obtain evidence to exonerate his client.
For example, if a person claims that he bought a car from a second party and paid for it with cash and did not receive it, the second party’s lawyer has the right to question him and ask him about the day of the incident, the time it occurred, the color and specifications of the car, and whether there are witnesses to the sale or not.
Place of interrogation of opponents, proof law
Article 11 of the Evidence Law stipulates that the investigation of the parties shall be conducted before the court. If this is not possible, the court may move or assign one of its judges to do so.
If the opponent resides in another city and it is not possible to conduct electronic proof, the court must contact the competent court in the opponent’s place of residence to conduct the interrogation.
What are the procedures for interrogating opponents according to the Saudi proof law?
The Evidence Law in Articles 20 to 24 and the Procedural Guides of the Evidence System explain the procedures for interrogating opponents in the following detail:
- Opponents are questioned either:
- The court, which carries out this procedure on its own or at the request of one of the opponents.
- The other party who has the right to question his opponent himself.
- The court may conduct the interrogation at any stage of the case.
- The court must order the opponent to appear for questioning and he must appear at the specified hearing.
- Any opponent has the right to direct questions directly to his opponent and may not direct new questions related to the same facts after the end of the interrogation period except with the permission of the court.
- The court must prohibit any question that is not related to, impermissible, or unproductive in the case.
- The opponent must answer the questions directed to him in the same session unless the court decides to give a date for the answer.
Dealing with adversarial interrogation procedures requires a thorough knowledge of the evidentiary system and judicial procedures, especially when answers or statements influence the course of the case.
A specialized lawyer from the office of Attorney Abdul Majeed Al Rashid helps you understand your legal situation, prepare for hearings, and provide appropriate legal support to protect your rights with confidence.
Saudi proof law
Does the opponent have the right to object to interrogation questions?
The opponent has the right to object to the questions directed to him, provided that the reason for his objection to the question is explained based on the text of Article 24 of the Saudi Evidence Law.
Article 37 of the Evidence Procedural Evidence of the Evidence Law explained the provisions and procedures related to the opponent’s objection to the question directed to him as follows:
- The opponent must submit the objection immediately after being asked the question, stating the reason for the objection, otherwise his right to do so will be forfeited.
- The court may decide to accept or reject the objection submitted by the opponent.
- If the court refuses to accept the objection, the opponent must answer the question, otherwise he will be considered to have abstained.
What results from the opponent’s failure to attend the interrogation session?
What results from the opponent’s failure to attend the interrogation session?
If the opponent fails to attend the interrogation session without an excuse acceptable to the court, the judge is granted the right to build legal evidence against the absent party. The court has the authority to extract whatever indications it deems appropriate as a result of this absence, and it may decide on the merits of the case based on its convictions.
The court may accept proof based on witness testimony and evidence in cases where this is not permissible, based on the text of Article 21 of the Evidence Law.
How is an incompetent or incompetent person questioned in the evidentiary law?
If the opponent is incompetent or deficient, his representative will be questioned.
The court may discuss incapacitated persons, such as a distinguished minor, in matters in which he is authorized in accordance with Article 22 of the system.
Interrogation of a legal person
Interrogation of a legal person
Article 22 of the system clarified the procedures for interrogating a legal person, such as companies, where the company’s regular representative is interrogated.
Saudi proof law
In cases that require a thorough understanding of judicial procedures and the provisions of the evidentiary system, proper legal support can make a significant difference in protecting your rights and strengthening your standing in court.
With the office of lawyer Abdul Majeed Al Rashid, you can reach a specialized lawyer who will help you provide appropriate legal advice and follow up on the lawsuit procedures professionally.
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