Royal Decree No. (M/43) dated 26/5/1443 AH
By the grace of Allah Almighty
We, Salman bin Abdulaziz Al Saud
King of the Kingdom of Saudi Arabia
Based onArticle (Seventy) of the Basic Law of Governanceissued by Royal Order No. (A/90) dated 27/8/1412 AH.
And based onArticle (Twenty) of the Law of the Council of Ministersissued by Royal Order No. (A/13) dated 3/3/1414 AH.
And based onArticle (Eighteen) of the Law of the Shura Councilissued by Royal Order No. (A/91) dated 27/8/1412 AH.
After reviewing the Shura Council decisions No. (243/45) dated 21/2/1443 AH, and No. (36/7) dated 3/4/1443 AH.
After reviewing the Council of Ministers decision No. (283) dated 24/5/1443 AH.
We decree the following:
First:Approval of the Law of Evidence, in the attached form.
Fourth:The two amendments referred to in paragraphs (Second) and (Third) of this decree shall come into effect simultaneously with the effective date of the law referred to in paragraph (First) of this decree.
Fifth:Any evidence procedures properly conducted before the effective date of the law - referred to in paragraph (First) of this decree - shall remain valid.
Sixth:His Highness the Deputy Prime Minister, the Ministers, and the heads of the relevant independent authorities - each within their jurisdiction - shall implement this decree.
Salman bin Abdulaziz Al Saud
Council of Ministers Decision No. (283) dated 24/5/1443 AH
The Council of Ministers
After reviewing the correspondence received from the Royal CourtNo. 21388 dated 4/4/1443 AH, including the telegram of His Excellency the Minister of State, Member of the Council of Ministers, Chairman of the Main Committee for Preparing Judicial Legislations No. 40 dated 11/8/1442 AH, regarding the draft Law of Evidence.
After reviewingthe aforementioned draft law.
After reviewingRoyal Orders No. (5584) dated 26/1/1441 AH, and No. (34837) dated 5/6/1441 AH.
After reviewingthe Implementing Regulations of the Law of Criminal Procedureissued by Royal Decree No. (M/2) dated 22/1/1435 AH.
After reviewingthe Law of Procedures before the Board of Grievancesissued by Royal Decree No. (M/3) dated 22/1/1435 AH.
After reviewingthe minutes No. (716) dated 4/12/1442 AH, and No. (136) dated 26/3/1443 AH, and memorandum No. (821) dated 10/4/1443 AH, prepared by the Bureau of Experts at the Council of Ministers.
After reviewingthe minutes prepared by the Council of Economic and Development Affairs No. (212/43/M) dated 26/3/1443 AH.
After consideringthe Shura Council decisions No. (243/45) dated 21/2/1443 AH, and No. (36/7) dated 3/4/1443 AH.
After reviewingthe recommendation of the General Committee of the Council of Ministers No. (3105) dated 11/4/1443 AH.
It is decided as follows:
First:Approval of the Law of Evidence, in the attached form.
Second:Amending paragraph (1) of Article (218) of the Implementing Regulations of the Law of Criminal Procedure issued by Royal Decree No. (M/2) dated 22/1/1435 AH, to read as follows: "The provisions contained in the Law of Civil Procedure and the Law of Evidence shall apply in what is not stipulated in this law, provided that it does not conflict with the nature of criminal cases."
Third:Amending Article (Sixty) of the Law of Procedures before the Board of Grievances, issued by Royal Decree No. (M/3) dated 22/1/1435 AH, to read as follows: "The provisions of the Law of Civil Procedure and the Law of Evidence shall apply to lawsuits filed before the courts of the Board of Grievances in what is not stipulated in this law, provided that it does not conflict with the nature of administrative disputes."
Fourth:The two amendments referred to in paragraphs (Second) and (Third) of this decision shall come into effect simultaneously with the effective date of the law referred to in paragraph (First) of this decision.
Fifth:Any evidence procedures properly conducted before the effective date of the law - referred to in paragraph (First) of this decision - shall remain valid.
A draft Royal Decree has been prepared accordingly, its text attached hereto.
Prime Minister
Law of Evidence
Chapter 1 - General Provisions
Article 1
The provisions of this Law shall apply to civil and commercial transactions.
Article 2
1. A claimant shall have the burden of proof and a defendant shall have the burden of defense.
2. Facts of a case intended to be proven must be relevant, material, and admissible.
3. A judge may not rule based on his personal knowledge.
Article 3
1. A claimant shall provide evidence and a denying party shall take an oath.
2. Evidence shall be provided to disprove an apparent fact and an oath shall be taken to affirm a fact.
3. The effect of evidence as a means of proof shall be extensible while the effect of admission shall be limited to the admitting party.
4. A fact established by evidence shall be equivalent to a fact established by eye-witnessing.
Article 4
Without prejudice to the provisions of this Law, if evidence is conflicting and irreconcilable, the court shall admit the evidence with the most probative value to the facts of the case; if the court is unable to make a determination, the court shall exclude all such evidence. In all cases, the court must provide in its judgment the reasons for the inclusion or exclusion of evidence.
Article 5
No specific form shall be required to prove an obligation, unless a specific form is stipulated by a statutory provision or agreed upon by the parties.
Article 6
1. The court shall enforce the rules of evidence agreed upon by the parties, unless such agreement is inconsistent with public policy.
2. An agreement between the parties, as provided under this Law, shall not be deemed valid unless it is made in writing.
Article 7
1. Orders and decisions relating to evidentiary procedures shall not require reasoning, unless a judgment is rendered.
2. In all cases, judgments rendered in summary evidentiary cases shall be reasoned.
Article 8
1. If the court decides to initiate an evidentiary procedure, or assigns a judge for such purpose, it shall set a date therefor.
2. If the parties to a case are notified of the date designated by the court to initiate evidentiary procedures, the court may initiate such procedures even if the parties are not present.