Witness Disqualification Grounds
Testimony is one of the most important methods of proof, but the Saudi regulator has established specific impediments (known as testimony impediments) to ensure the integrity and impartiality of the witness, and to avoid any conflict of interest or impact on the course of justice.
Based on the evidentiary system and related systems, the impediments to testimony can be divided in detail into the following sections:
Obstacles related to interest and kinship (obstacles to the charge)
According to Article (Seventy-One) of the Evidence System, testimony is not accepted and is rejected in cases where the witness is suspected of bias, which are:
Bringing benefit or repelling harm:
A person’s testimony is not accepted if his testimony will bring him a direct benefit or ward off harm from him (such as a partner’s testimony to his partner in the company’s funds).
Certificate of assets for branches:
The testimony of parents, grandparents (natives) on behalf of their children and grandchildren (branches) is not accepted.
Branch certificate for assets:
The testimony of sons, daughters and their sons (branches) in favor of their fathers, mothers and grandfathers (origins) is not accepted.
The spouses’ testimony to each other:
The testimony of one spouse in favor of the other is not accepted, even after their separation (i.e. even after divorce), to prevent suspicion of collusion or being affected by the previous relationship.
Certificate of guardian or trustee:
The testimony of a guardian or trustee in favor of the person covered by his guardianship or trusteeship shall not be accepted.
Witness Disqualification Grounds
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