Evidence in Civil and Commercial Transactions — articles 101–125

The party administering the oath to his opposing party shall indicate precisely the incidents regarding which the oath is to be taken and the wording of the oath shall be clearly stated. The court may amend the wording o…

The oath shall be taken in the presence of the party requesting to administer it unless he decides not to attend the hearing at which the oath with be taken or fails to attend though he knows the date of the hearing.

1.The party who is subpoenaed to appear before the court to take the oath shall appear. 2.If the party to whom the oath is administered appears in person and does not challenge its admissibility or its relevance to the l…

1.If there are several persons taking the oath, several oaths shall be taken, unless they share one right or they are satisfied with one oath. 2.If there are several parties to whom the oath is administered, several oath…

1.The judge may, sua sponte and whatever the status of the action is, administer the suppletory oath to either litigant to base thereon its judgment on the subject matter of the action or the value subject of the judgmen…

The suppletory oath shall be taken by custodians, guardians, endowment administrators and the like on matters carried out by them.

1.The court or the supervising judge, as the case may be, may, either sua sponte or at a litigant's request, decide to inspect the disputed object. The court shall include in the inspection decision the date, place and m…

1.Whoever fears the loss of the distinguishing features of an incident, which may become disputable before courts, may request its inspection and establishment of its current status and submit a statement of claim for su…

1.The court or supervising judge, as the case may be, may, sua sponte or at a litigant's request, decide to assign one or more expert(s) selected from the civil servants or experts, or assign a local or international con…

If the expert is not enrolled in the roll of experts, he shall take an oath, before the entity assigning him, whether the court or the supervising judge, as the case may be, that he will carry out his task faithfully and…

The operative part of the expert assignment decision shall include a detailed description of his task and powers, the date scheduled for filing the report, the hearing scheduled to consider the report, whether or not it …

1.The court shall, where appropriate, fix the amount to be paid to the expert, identify the litigant liable to deposit such amount and set a time limit for the same. 2.Where such litigant fails to deposit the amount to b…

Before performing the task, the expert shall disclose any relationship with the parties to the case or any interest he has therein. If the expert fails to make such disclosure, the court shall decide to remove him and or…

1.Either litigant may request to disqualify the expert if a reason pertaining to him makes it probable that he will be unable to perform his task impartially. In particular, the expert may be disqualified if he is a rela…

In order to perform his task, the expert may: 1.Hear the statements and comments of litigants, and any person whose statements are required if so authorized by the assignment decision; 2.Request the litigants or other pe…

1.No person shall abstain, without legal justification, from enabling the expert to perform his task, pursuant to the provisions of Article (115) of the present Law. In this case, the expert shall refer the matter to the…

1.The expert shall draw up a report on his work, which shall include the following: a.A description of the task entrusted to him according to the assignment decision; b.The functions carried out by him in detail and the …

1.If the expert fails to carry out his task without an acceptable excuse, performs it negligently or files the report beyond the scheduled date, without justification, he shall be served a notice within a time limit not …

1.The expert shall lodge with the case management office his paper or electronic report, which shall be signed by him and which shall contain the information referred to in Article (116) of the present Law. 2.Before fili…

If the expert's task is completed, he shall return all papers, documents or other stuff he has received within (10) ten business days from the task completion date. In case of his abstention, without and acceptable excus…

The court or the supervising judge, as the case may be, may, sua sponte or at a litigant's request, at any stage of proceedings, take any of the following actions: 1.Summon the expert at a hearing scheduled by the court …

1.The litigants may, even before the action is instituted, agree to accept the result of the expert's report and the court shall rely on their agreement, unless the report includes items contrary to the public order. 2.W…

The litigant who loses the claim, the subject matter of the expert's testimony, shall incur the amount prescribed for the expert, unless the loss is proportionate where every litigant shall incur the same on a pro rata b…

1.Notwithstanding the procedures regulating the profession of experts, the court or supervising judge, as the case may be, may, based on a decision to be recorded in the hearing transcript, assign an expert to orally exp…

The court may rely on an expert's report submitted in another case instead of seeking assistance of an expert in the case, without prejudice to the litigants' right to discuss the matters set out in this report.