Evidence in Civil and Commercial Transactions — articles 1–100

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 r…

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 oat…

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 imposs…

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

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 i…

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 p…

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 firs…

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…

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. I…

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 communicatio…

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…

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 pu…

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 thousa…

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…

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 shal…

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

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.

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

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.

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…

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…

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 …

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 gi…

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 co…

1.A formal instrument shall be legally valid vis-à-vis all people in terms of all actions recorded therein performed by its writer within the limits of his mandate, or signed by the persons concerned in his presence, unl…

1.If the original formal instrument exists, its official copy shall be legally valid to the extent to which it is a carbon copy of the original. 2.A copy shall be deemed official if it is a photocopy of the original, in …

If the original formal instrument is not available, the official carbon copy shall same legal validity as the original if the appearance thereof does not give rise to doubt as to its being identical to the original Howev…

1.An informal instrument shall be deemed issued by the person who signed it and legally valid vis-à-vis him, unless this person explicitly denies that the handwriting, signature, signature stamp, or fingerprint attribute…

Correspondence signed or proved to be attributed to the sender shall have the same probative value as informal instruments, unless its sender proves that he did not send or cause the correspondence to be sent.

1.Electronic or paper books of merchants shall not be legally valid vis-à-vis non-merchants; however, the data contained therein on the supplies made by the merchants may constitute a base on which the court may administ…

Domestic registers and papers shall not be legally valid vis-à-vis the persons who wrote them, even they were issued electronically, except in the following two cases: 1.If such person explicitly states therein that he h…

1.Annotating an electronic or paper deed of debt, by the creditor's handwriting without signature, to the effect of the discharge of the debtor shall be legally valid vis-à-vis the creditor until otherwise is proven. Ann…

1.A litigant may request the supervising judge or the court, as the case may be, to order his opposing party to produce any paper or electronic instrument in the latter's possession that has bearing on the action in the …

1.If the opposing party admits that the instrument is in his possession or he remains silent or the requesting litigant establishes the veracity of his request, the court shall order the instrument to be immediately prod…

1.In commercial proceedings, a litigant may request that the opposing party produces an instrument related to the proceedings or gives him access thereto to peruse it, and the court shall order the same according to the …

In the course of the proceedings, even before the Court of Appeal, the court or the supervising judge, as the case may be, may, either sua sponte or upon a litigant's request, decide as follows: 1.To implead a third part…

1.The court shall assess the implications of the material defects in an instrument in terms of invalidating it or diminishing its probative value, and may admit all or some of the content of such instrument. 2.If the val…

If a litigant produces an instrument as evidence in the proceedings, he may not withdraw the same without the consent of his opposing party and upon a written permission from the court or the supervising judge, as the ca…

1.A claim of forgery may be made against formal and informal instruments, while the denial of handwriting, signature stamp, signature or fingerprint may be made only against informal instruments. 2.The litigant who claim…

If the person against whom an informal instrument is presented denies that the handwriting, signature, signature stamp or fingerprint attributed to him is his, or his successor or representative denies the same or denies…

1.The court or supervising judge, as the case may be, shall schedule a date for the appearance of litigants to submit all written instruments in their possession for comparison and agree on those instruments serving this…

1.If the litigants fail to agree on the instruments valid for comparison, only the following shall be admissible: a.Handwriting, signature, signature stamp or fingerprint affixed to formal instruments; b.Part of the inst…

1.In case that the court has decided the veracity of the whole instrument, the contesting party may be sentenced to a fine not less than (AED 3,000) three thousand dirhams and not more than (AED 10,000) ten thousand dirh…

1.The claim of forgery may be raised whatever the status of the action is. The claimant of forgery shall specify all points of forgery alleged, his relevant evidence and the investigation procedures required to be follow…

1.The claimant of forgery shall deliver the instrument claimed to be forged, if it is in his possession, or its copy reported to him to the case management office. If he abstains from delivering the instrument or the cop…

1.The party who claims that an instrument is forged may withdraw his claim before the completion of the investigation procedures. He may not claim forgery of the instrument following such withdrawal. 2.The party against …

The order to investigate into forgery shall stay the execution of the instrument claimed to be forged, without prejudice to the precautionary measures.

Even in the absence of the claim of forgery, the court may decide the rejection and invalidity of any instrument if it becomes clear, in the light of its condition or the facts of the case, that it is forged. In such cas…

1.If the claim of forgery against the instrument is decided to be rejected or if the right of the party claiming forgery to prove his claim is forfeited, the latter shall be sentenced to a fine not less than (AED 3,000) …

Whoever apprehends that he may be protested against with a forged instrument may sue the party who holds or benefits from such instrument, in accordance with the procedures governing the institution of actions. While hea…

1.In cases where documentary evidence shall be allowed, documentary evidence may be replaced by judicial admission, assertory oath or the principle of documentary evidence supported by another means of proof, in matters …

Without prejudice to the State's obligations under the international conventions in force therein, the court may accept as evidence any paper or electronic instrument issued outside the State and endorsed by the competen…

Subject to the other legislation in force in the State, electronic evidence shall be any evidence derived from any data or information generated, stored, extracted, copied, transmitted, reported or received via means of …

Electronic evidence shall include the following: 1.Electronic record; 2.Electronic instrument; 3.Electronic signature; 4.Electronic seal; 5.Electronic correspondence, including emails; 6.Modern means of communication; 7.…

Electronic evidence shall be subject to same provisions of the documentary evidence set forth in this Law.

Formal electronic evidence shall have the same probative value as formal instruments if it fulfills the conditions set forth in Clause (1) of Article (24) of the present Law, including the documents automatically generat…

Informal electronic evidence shall be legally valid vis-à-vis the parties to the transaction in the following cases, unless otherwise is established: 1.If it is issued according to the legislation in force in this regard…

The litigant who alleges the invalidity of the electronic evidence set out in Articles (56) and (57) of the present Law shall bear the burden of proving his allegation.

Save as otherwise provided in Article (56) above, electronic evidence shall have the same probative value as informal instruments, pursuant to the provisions of this Law.

If any of the litigants abstains from producing what is required by the court to verify the validity of the electronic evidence, without an acceptable excuse, his right to invoke the same shall be forfeited or it shall b…

In case of failure to verify the validity of the electronic evidence for a reason unattributed to the litigants, the court shall assess its probative value based on the circumstances of the case.

1.Extracts of electronic evidence shall have the probative value prescribed for the electronic evidence itself, as far as such extracts are identical to its electronic record. 2.The provision of Clause (1) of this Articl…

Where no particular provision is provided in this Part, the provisions set forth in Part III of the present Law shall apply to electronic evidence, in so far as they do not contradict its electronic nature.

Unless otherwise provided, testimony evidence may be established.

1.Any transaction whose value exceeds (AED 50,000) fifty thousand dirhams or its equivalent or whose value is indefinite shall be established in writing. 2.Testimony evidence may not be established to prove the existence…

Testimony evidence shall not be allowed even if the value does not exceed (AED 50,000) fifty thousand dirhams or the equivalent in the following cases: 1.If the law stipulates that it shall be in writing in order to be l…

Testimony evidence shall be allowed in cases that should have been proved in writing in the following cases: 1.If the principle of documentary evidence, either electronic or paper, exists. 2.If there is a material or mor…

Testimony shall be given with regard to matters seen, witnessed or heard. Hearsay evidence shall not be admissible except with regard to matters that are often realized only through hearsay, such as: 1.Death; 2.Marriage;…

1.A person below the age of (15) fifteen years and a person who is immature shall not be eligible to testify. 2.Statements of a person below the age of (15) fifteen years may be heard for the purpose of guidance only.

1.Before giving testimony, the witness shall disclose any relationship with the parties to the action or any interest therein. 2.A person who uses testimony to ward off damage or realize an interest shall not be admitted…

1.A litigant who seeks to establish a fact by testimony of witnesses shall indicate the facts that he wants to establish and the number and names of witnesses in writing or verbally at the hearing. 2.If the court or supe…

1.If the witness refuses to appear in response to the call of the litigant, the court or the supervising judge, as the case may be, the said litigant or the case management office, as the case may be, shall summon him to…

1.If the witness appears and refuses to take the oath or abstains, without a legal excuse, from answering, he shall be sentenced to the penalty prescribed in the Penal Code. 2.If the witness has an excuse preventing him …

1.Testimony shall be given orally and may be given in writing with the permission of the court or the supervising judge, as the case may be. 2.Testimony shall be given in the presence of litigants. Every witness shall be…

1.The court or the supervising judge, as the case may be, may hear the testimony of witnesses via means of remote communication. Every witness shall be privately heard, unless the same is impossible. The transcript shall…

1.Parties to the case or their attorneys may directly pose questions to the witness, provided that such questions are relevant to the case and useful for revealing the truth. The witness shall first answer the questions …

If the testimonies of witnesses are contradictory, the court shall admit such testimony to the extent that the court is satisfied that it is credible.

Testimony shall be recorded in a transcript showing the details of the witness, his relationship with the litigants, the text of his testimony and his answers to the questions addressed to him, and shall be read out to h…

1.The litigant against whom the testimony is given may show to the court or the supervising judge, as the case may be, the matters that would invalidate the testimony of the witness, i.e. challenging the witness or his t…

If the court or the supervising judge, as the case may be, finds, in the course of the proceedings or upon rendering a judgment on the merits, that the witness has given false testimony, a report to that effect shall be …

1.Whoever fears to lose the opportunity for having a witness testify in respect of a matter not yet brought before the court but is likely to be brought subsequently, may raise a motion, vis-à-vis all parties involved, t…

Witnesses shall not suffer any harm. The court or supervising judge, as the case may be, shall prevent any attempt to frighten or influence witnesses while giving their testimony.

The court or supervising judge, as the case may be, shall, at the request of the witness, assess the transportation costs and compensation for time spent by the witness. The court shall determine, where appropriate, the …

1.Presumption established by law relieves the person in whose favor such a presumption was established from the need for any other means of evidence; however, such presumption may be rebutted by any other means of eviden…

Subject to the provisions set forth in the Code of Civil Procedure, judgments and judicial decisions terminating the litigation as well as payment orders that have res judicata shall be binding with respect to the litiga…

The court shall not be bound by the penal judgment on the case pending before it, except in the facts adjudicated by such judgment and such adjudication is essential. However, the court shall not be bound by the judgment…

As for matters where no particular provision or an agreement between the parties is provided herein, and without prejudice to the public order, custom or normal practice among the litigants may be used as evidence.

1.A litigant who relies on custom and normal practice among litigants as evidence shall establish the existence thereof at the time of the incident. 2.Any litigant may challenge the establishment of custom and normal pra…

In case of conflict, normal practice among litigants shall prevail and special custom shall have priority over general custom.

The court may, where appropriate, assign an expert to verify the establishment of custom and normal practice among litigants, pursuant to the provisions set forth in Part X of the present Law.

1.An assertory oath is an oath taken by a litigant to refute his opposing party's claim, and the litigant may administer the assertory oath to his opposing party pursuant to the provisions set out in this Part. 2.A suppl…

1.Either litigant may administer the assertory oath to the other litigant whatever the status of the action is, provided that the incident regarding which the oath is administered shall relate to the person to whom the o…

1.The person taking the oath shall have the capacity to act in the matter for which he takes the oath. 2.An oath may not be taken by proxy; however, administration of the oath, acceptance to take the oath, abstaining fro…

1.The oath shall be taken if the person taking the same says, "I swear by the Almighty God to say all the truth, the whole truth and nothing but the truth". The oath shall, at the request of the person taking the oath, b…

1.An oath may not be administered in relation to any incident contrary to public order. 2.The court shall refuse administration of an oath if it does not relate to the action, has no bearing on evidence or is not admissi…

1.If a plaintiff fails to establish evidence and request his opposing party to take the oath, he shall take the oath. If he refuses to take the oath, the oath shall be deferred to the plaintiff at request of the defendan…

The litigant may not prove the false oath after the oath is taken by the opposing party to whom the oath was administered or deferred. However, if an oath is proved to be false under a penal judgment, the injured litigan…

A custodian, guardian, endowment administrator and the like may administer the oath, abstain from taking the oath or defer the oath in relation to the authorized matters. The assertory oath shall be administered to them …