The following words, wherever mentioned in these manuals, shall have the meanings indicated before them, unless the context otherwise requires: 

• Law: The Law of Evidence

• Manuals: Procedural Manuals for the Law of Evidence. 

Where no special provision is made, the provisions of the Law and the manuals shall apply to evidentiary in civil and commercial cases, including evidentiary in family matters and labor disputes matters. 

1- With regard to evidentiary manuals and its authority, the provisions of the existing Law shall apply at the time when the facts or actions to be proven arise. 

2- Each of the evidentiary procedures that were valid before the entry into force of the Law shall remain valid, and the procedures stipulated in the Law and the manuals shall be applied to the evidentiary procedures following its entry into force. 

The court verifies the evidential burden in accordance with the established rules before conducting the evidentiary proof. 

The litigant shall not be prevented from presenting evidence unless the Law and the manuals stipulate otherwise, while the court shall assess its evidentiary authority and its reasoning. 

Without prejudice to the provisions of the Law, the court may take into account the missing evidence whenever it is supported by other evidence or a presumption, and its reasoning. 

1- Adherence to the agreement on specific evidential rules shall be at the time of filing the case or submitting the first defense memorandum, as the case may be, otherwise the right to adhere to it shall be forfeited. 

2- The litigants may agree on specific evidentiary rules after the dispute has arisen at any stage of the case, by a memorandum submitted to the court.

1- The evidential burden rests with those who claim to agree on specific rules of evidentiary. 

2- Agreement on specific rules of evidentiary includes the following: 

• a- Identify specific evidence or proofing form. 

• b- Expertise Procedures. 

• c- Acceptance of the expert's report result. 

1- In cases where the court considers the agreement of the litigants to an evidentiary procedure, this must be proven when the procedure is taken. 

2- If the court didn't consider the agreement of the litigants because it violates public order, it must clarify the violation aspects.