Evidence in Civil and Commercial Transactions

Article (1)

Part 1: General Provisions

1.The plaintiff has the right to prove his claim and the defendant has the right to disprove it. 2.The facts to be proven shall be relevant to the action, have a bearing on evidence, and be admissible. 3.No judge shall render a judgment based on his personal knowledge.

Article (2)

Part 1: General Provisions

1.The Onus of Proof weighs on the claimant "onus probandi actori incumbit" and the denial of the respondent must be made under oath. 2.Evidence shall be established to prove a matter contrary to an apparent fact, and oath shall be taken to confirm an original fact. 3.Proof is be legally valid vis-à-vis all parties, while admission is affirmative evidence against the admitter only.

Article (3)

Part 1: General Provisions

Without prejudice to the provisions of this Law, in case of conflicting evidence, which cannot be reconciled, the court may weigh evidence based on inferences it may draw from the facts of the case. If the same is impossible, the court may not admit any of such conflicting evidence. In all cases, the court shall indicate the underlying reasons in its judgment.

Article (4)

Part 1: General Provisions

Proof of obligations does not require a specific form, unless otherwise is stipulated in a particular provision or a written agreement between the litigants.

Article (5)

Part 1: General Provisions

1.Where the litigants agree on specific rules of evidence, the court shall approve their agreement, unless their agreement is contrary to the public order. 2.The agreement of the litigants shall not be legally valid if it is not in writing.

Article (6)

Part 1: General Provisions

1.The judgments and decisions issued in respect of the evidentiary proceedings are not required to be substantiated, unless they include a final judgment. 2.In all cases, the judgments and decisions rendered in summary proceedings for the establishment of a current status or the testimony of a witness shall be substantiated.

Article (7)

Part 1: General Provisions

1.If the court or supervising judge, as the case may be, orders that any of the evidentiary proceedings be initiated, the court or supervising judge shall include in the relevant judgment or decision the date of the first hearing for initiating the relevant procedure, with no need for new notice if the procedure requires more than one hearing, except in case of serving a notice on an absent litigant of the allegation of forgery or administration of an assertory oath thereto. 2.The procedures carried out shall be documented, either in an electronic or paper format, according to the procedures set forth in the Code of Civil Procedure. 3.A clerk shall be present during the evidentiary proceedings to draw up the record, either electronically or in paper form, and co-sign the same with the judge, with no need for the litigants and stakeholders to sign the same.

Article (8)

Part 1: General Provisions

1.The court may, either sua sponte or on a litigant's motion, renounce, by virtue of a decision to be recorded in the paper or electronic hearing transcript, the evidentiary proceedings ordered thereby; provided that the court indicates the underlying reasons therefor in the hearing transcript. 2.The court may decide not to admit the results of an evidentiary proceeding; provided that it indicates the underlying reasons for the same in its decision or judgment.

Article (9)

Part 1: General Provisions

In the case of a dumb litigant and the like, his admission, examination, delivery of testimony or taking the oath, administration of the oath, abstaining from taking the oath and deferring the oath shall be in writing. If he is unable to write, his habitual signs shall be deemed valid for the same.

Article (10)

Part 1: General Provisions

1.Any evidentiary proceeding electronically conducted shall have the same binding force of the judgments prescribed in this Law. 2.In case of failure to conduct any evidentiary proceeding via means of remote communication for any reason whatsoever, the procedure shall be postponed to the next hearing, subject to the provisions set forth in this Law in this regard.

Article (11)

Part 1: General Provisions

1.Evidentiary proceedings, including admission, examination or cross-examination, testimony or oath-taking, shall be conducted before the court. If the same is impossible, the court may move or delegate one of its judges to conduct the procedure. 2.If the person who makes the admission, examined person, witness or person to whom the oath is administered and the like resides in the State but outside the jurisdiction of the court and the evidentiary proceeding is impossible to be electronically conducted, the court shall delegate another court located within his place of residence. In such case, the provisions of judicial delegation set forth in the legislation in force shall apply in this regard. 3.If the person who makes the admission, examined person, witness or person to whom the oath is administered resides outside the State and it is impossible to electronically conduct the evidentiary proceeding, the court may send a letter rogatory to the competent court in such state to conduct the required evidentiary proceeding on the former's behalf, pursuant to the judicial conventions concluded in this regard.

Article (12)

Part 1: General Provisions

Without prejudice to the obligations of the State under the international conventions in force therein, the court may admit the evidentiary proceedings conducted outside the State, unless they are contradictory to the public order.

Article (13)

Part 1: General Provisions

1.If a litigant fails to file the documents or conduct the required evidentiary proceeding, the court or the supervising judge, as the case may be, may decide to fine him an amount of not less than (AED 1,000) one thousand dirhams and not more than (AED 10,000) ten thousand dirhams, under a decision to be recorded in the hearing transcript. Such decision shall have the same enforceability of judgments and shall be non-appealable. 2.The court or the supervising judge, as the case may be, may exempt the convict from the fine, in whole or in part, if he has an acceptable excuse.

Article (14)

Part 2: Evidence by Admission or Examination of Litigants

1.Admission is a party's statement acknowledging an obligation owed by him to another party. 2.The admission shall be a judicial admission if the litigant makes the admission directly before the court or via any means of remote communication of a certain fact for which he is sued, during the legal proceedings relating to such fact, whether before the court that hears such proceedings or the supervising judge, as the case may be. 3.The admission shall be an extrajudicial admission if it is not made before the court or is related to a dispute raised in another case.

Article (15)

Part 2: Evidence by Admission or Examination of Litigants

1.In order to be valid, an admission shall be made by a person having the capacity to dispose of the admitted right. 2.Admission of minors who are capable of discretion and discernment and authorized to sell and buy shall be valid in the authorized matters. 3.Admission may be made by a guardian, custodian, endowment administrator or the like in the matters they exercise within the scope of their guardianship, custody or administration.

Article (16)

Part 2: Evidence by Admission or Examination of Litigants

1.Admission may be made expressly or implicitly, orally or in writing. 2.Admission shall not be admissible if it contradicts prima facie facts.

Article (17)

Part 2: Evidence by Admission or Examination of Litigants

Admission shall not be divisible with respect to the person who made it unless it relates to several facts, and the existence of one of them does not necessarily require the existence of others.

Article (18)

Part 2: Evidence by Admission or Examination of Litigants

Judicial admission shall be conclusive and limited to the person who makes the admission and may not be retracted.

Article (19)

Part 2: Evidence by Admission or Examination of Litigants

Extrajudicial admission shall be proved pursuant to the provisions hereunder. The testimony evidence may not be established to prove extrajudicial admission, except in the cases where the testimony evidence is allowed.

Article (20)

Part 2: Evidence by Admission or Examination of Litigants

1.The court or the supervising judge, as the case may be, may, sua sponte or on a litigant's motion, examine the whoever is present of the litigants. 2.Following the approval of the court or the supervising judge, as the case may be, either litigant may directly examine his opposing party who is present.

Article (21)

Part 2: Evidence by Admission or Examination of Litigants

1.The court or the supervising judge, as the case may be, may, sua sponte or on a litigant's motion, order to the opposing party to appear for examination. A party to be examined shall appear at the hearing scheduled for the same. 2.If a litigant has an acceptable excuse preventing him from appearing in person to testify, his testimony may be heard via means of remote communication. Failing which, the supervising judge may move to his place to hear his testimony. If the examination is taking place before the court, it may delegate one of its judges to examine him. The court or the supervising judge shall determine the date and place of hearing his testimony, and a transcript on the same shall be drawn up and signed by the delegated or supervising judge and the clerk. 3.If a litigant fails to appear for examination without an acceptable excuse, or refuses to answer without legal justification, the court shall draw its own conclusions at its sole discretion and may admit evidence by way of witness testimony and presumptions in cases where the same is not allowed.

Article (22)

Part 2: Evidence by Admission or Examination of Litigants

1.In case of an incompetent litigant, his legal representative may be examined. The court or the supervising judge, as the case may be, may examine such litigant, if he is a discerning person with respect to the matters he is authorized to perform. 2.If a litigant is a legal person, its legal representative shall be examined. 3.In all cases, the aforesaid legal representative shall have the capacity to dispose of the disputed right.

Article (23)

Part 2: Evidence by Admission or Examination of Litigants

1.The court or the supervising judge, as the case may be, may direct to any litigant the questions it deems appropriate or those requested by the opposing party to be addressed to him by the court. The answer shall be given at the same hearing, except if required, as the court or the supervising judge deems appropriate, to reschedule another date for giving the answer. 2.A litigant may object to a question put to him, and shall indicate the reason for his objection. 3.The court or the supervising judge, as the case may be, may prevent any question which does not relate to the action, has no bearing on evidence or is not admissible. 4.The answer shall take place in the presence of the litigant requesting the examination; however, the examination shall not be contingent upon his appearance. 5.Questions and answers shall be recorded in the hearing transcript and shall be read out to the litigants present. The examined person may correct his answers that he requires to be corrected. The transcript shall be signed by both the judge and clerk.

Article (24)

Part 3: Documentary Evidence

1.A formal instrument is a paper in which a public servant or a person in charge of a public service records the actions performed by him or what he has received from the parties concerned in accordance with the legal conditions and within the limits of his authority and competence. 2.If such instrument does not satisfy the requirements referred to in Clause (1) of this Article, it shall only have the legal validity of an informal instrument if it is signed, stamped or fingerprinted by the persons concerned.