Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions

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.

 

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.

 

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.

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 it is not in writing.

 

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.

 

 

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.

 

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.

 

 

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.

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.

 

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.

 

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.

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.