Means of proof in the Saudi system

Means of proof in the Saudi system

Courts in the Kingdom of Saudi Arabia are competent to consider disputes arising between parties in order to recover their usurped rights. With the electronic development witnessed by the Kingdom, the new proof system has been introduced to regulate the process of proving rights and methods for restoring them in accordance with the conditions and controls specified by the system.

The system contributes to accelerating and simplifying the judicial process by adopting digital evidence as a modern means of proof.

What are the means of proof in the Saudi system?

Means of proof are the methods used by the parties to a dispute to prove facts related to the case before the courts in Saudi Arabia. They are the evidence and arguments by which rights are proven and the judge is required to rely on them when issuing a ruling. He may not rule with his personal knowledge in accordance with the provisions of the new evidentiary system.

The system applies to civil and commercial transactions and is governed by a number of basic jurisprudential rules, namely:

• The evidence is on the one who claims and the oath is on the one who denies.
• What is proven by proof is like what is proven by sight.
• Evidence to prove the disagreement between the apparent and the right to preserve the original.
• Evidence is a transitive argument and acknowledgment is a deficient argument.

Means of proof in the Saudi system

What are the tools of proof?

The new evidentiary system defines the means of proof that contribute to establishing rights, namely: acknowledgment, questioning of opponents, writing, digital evidence, testimony, custom, oath, inspection, and experience.

Acknowledgment

The declaration is divided into two main types:

• Judicial declaration: It is the opponent’s confession before the court of the alleged incident during the course of the case.
• Non-judicial confession: This is a confession issued by the opponent outside the court.

What are The Conditions For Acknowledgment?

• The headquarters must be fully qualified and have the capacity to dispose of it. A minor with reduced capacity may be declared within the limits of the sale and purchase in which he is permitted.
• The declaration must be explicit or written.
• The declaration may only be fragmentary if the facts are multiple.

What are the most powerful means of proving a claim?

Acknowledgment is one of the most powerful means of proving a claim and conclusive evidence to prove the right, because the opponent acknowledges and acknowledges his obligations towards the other party.

Interrogating opponents

The new evidentiary system stipulates that the court may summon opponents, interrogate them, and ask them about the facts of the case, whether at the request of the plaintiff or at the request of the judge.

The following conditions are required for interrogation:

• The opponent must provide the answer at the session specified for interrogation.
• The interrogation must be in the presence of the other party or the person requesting the interrogation.
• Do not ask the opponent questions that are not related to the subject of the case, and the court must prevent this behavior.
• The opponent has the right to object to any question directed to him, provided that the reasons for his objection are explained.

Writing

Writing is one of the most important means of proving the truth. Written documents are divided into:

• Official documents: These are written documents issued by government agencies, such as an updated real estate deed or a judicial ruling issued by a court, etc. The official document is considered an argument against everyone except in the case of forgery.

The official editor must meet the following conditions:

• Issued by a public employee or person charged with providing this service.
• The employee must prove the action taken in accordance with regulatory procedures, such as issuing or canceling a real estate deed.
• The procedure must be carried out within the limits of the employee’s authority.
• Ordinary editors: These include contracts, documents, and agreements that bear the writing or signature of one of the parties. An ordinary editor is considered an argument and evidence against the person to whom the signature or writing is attributed unless he explicitly denies this signature or writing, provided that the editor’s content is not discussed during the lawsuit. An example of this is commercial books, an argument for traders only.

Does a fingerprint replace a signature?

Does a fingerprint replace a signature?

Yes, the plaintiff can prove the claim based on the presence of the opponent’s fingerprint in the editor, because the fingerprint takes the signature ruling.

What are the conditions for proving forgery?

The following conditions are required to prove the editor’s forgery:

• Submitting a memorandum to the court specifying who claims forgery, the locations of the forgery, the evidence against him, and the investigation procedures by which he requests proof of forgery.
• The forgery plaintiff must hand over the editor who claims to have forged it if he has it.
• The court must demand that the opponent hand over the editor if he is under his control or order his arrest and extradition.

What is the penalty for forging a signature?

The court refers the forged editor to the Public Prosecution to complete the necessary procedures.

Means of proof in the Saudi system

Digital Guide

It is evidence that is created, issued, delivered, preserved, or communicated through a digital means and is retrievable or obtainable, such as video clips, WhatsApp messages, etc. Digital evidence is a means of proof and takes the ruling on writing, and digital evidence has the authority assigned to the official editor and the regular editor in the following detail:

• The official editor if he meets the conditions required for the official editor in addition to being issued electronically.
• Regular editor if he meets the following conditions:
  • To be issued in accordance with the electronic transactions system or the e-commerce system.
  • The digital medium used must be stipulated in the contract.
  • The digital medium used must be documented and shared with the public.

What is digital evidence?

• Digital record.
• Digital editor.
• Digital signature.
• Digital correspondence including digital mail (email)
• Means of communication.
• Digital media, whether audio or visual.
• Any other digital evidence.

What are the disadvantages of a digital directory?

Digital evidence may cause:

• Access to sensitive data and puts it at risk.
• Information is sometimes unreliable and may be subject to forgery or distortion.

Certificate

Witness testimony is witnessing, examining, or hearing an incident that occurred, such as testimony regarding death, marriage, lineage, property, endowment, or will. The following conditions are required in testimony:

• The witness must be over 15 years old.
• To be of sound perception.
• Disclosing any relationship or interest that links him to the parties to the lawsuit.

When is it not permissible to prove it with witness testimony?

Evidence may not be proven by witness testimony in the following cases:

• If the value of the transaction exceeds 100,000 Saudi riyals, it must be proven in writing.
• If the system requires proof of the right in writing.
• Certificate of origin for the branch or vice versa, such as a father’s certificate for his son.
• Testimony of one spouse over the other.
• Certificate of guardian or trustee.
• Certification of employees or those assigned to perform a public service even after leaving work.
• If the testimony brings benefit or pays harm to the witness.

Evidence

Clues are inferences or conclusions that may lead to the establishment of the truth and the disclosure of the truth and are used when there is insufficient evidence.

Custom

What is Article 88 of the Evidence System?

Article 88 of the new evidence system allows rights to be proven through custom or habit between opponents in the event that there is no text or agreement between the two parties.

Custom requires that it not violate public order. An example of custom is commercial custom among merchants and what is customary to practice.

right

The right is divided into two main parts:

Decisive oath: It is the oath taken by the defendant in order to respond to the plaintiff’s claim, and it may be responded to by the plaintiff.
Complementary oath: It is the oath taken by the defendant to complete and complete the evidence and may not be returned to the plaintiff.

Preview

It is a visit to a disputed site such as land or accident site to be examined at dates decided by the court.

Means of proof in the Saudi system

Experience

It involves seeking the assistance of a specialized expert to examine the disputed matter and submit a detailed report on his condition, clarifying his technical opinion on it, such as seeking the assistance of doctors and engineers.

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