Law of Evidence

Purpose and scope

• Sets the means of proving rights before the courts in civil and commercial matters, how evidence is submitted and challenged, including digital evidence.
• It applies to civil and commercial cases, and to others as far as compatible with their nature.

Key rules, rights and obligations

• The claimant proves his claim and the defendant proves his defence; the burden of proof lies on the one who asserts.
• Means of proof: acknowledgement, interrogation, oath, witness testimony, writing, digital evidence, presumptions and custom, inspection and expert reports.
• As a general rule, a transaction worth more than SAR 100,000, or of undetermined value, must be proved in writing, except in cases the law excludes, such as being prevented from obtaining written proof or losing it through no fault of the claimant.
• An official document is proof against everyone of what it records unless shown to be forged; an ordinary document binds its signatory unless he denies the signature or handwriting.
• Digital evidence such as emails, chats and electronic records has the force of writing where its integrity and attribution are established.
• The court may use experts and inspection and assesses the weight of testimony and presumptions.

Violations, penalties and common problems

• Relying on oral agreements for large sums makes them hard to prove.
• Deleting chats or changing devices without keeping a copy of digital evidence loses an important means of proof.
• Submitting copies without the original when they are disputed may weaken them.
• False testimony and false oaths expose the person to criminal liability.

Procedures and key deadlines

• Evidence is submitted on the dates set by the court; delay may bar it.
• A claim of forgery or a denial of a signature must be raised in time under the procedure set by the law.
• Keep contracts, invoices, bank transfers and correspondence organised from the start of a relationship.

An advisory summary prepared by Al-Bayan Al-Wadih Law Firm. It is not an official text and does not replace the law, its implementing regulations, or advice from a specialised lawyer. The official published text and its amendments prevail.