In the legal procedure, evidence is generally defined as any information that is produced by either side to support their position and the objective is to provide the courts with the ability to definitively determine or decide the case.
The Federal Law No. 10 of 1992 On Evidence in Civil and Commercial Agreements governs and regulates the use of evidence in civil and commercial cases in the United Arab Emirates (Evidence Law) in addition to the method and rules for presenting could be written evidence, using oral witnesses, expert testimony, and other relevant topics are outlined in the UAE Evidence Law.
Applicable Law
The Evidence Law (UAE Law Number 10 of 1992, as amended).
Kinds of Evidence
• Written Evidence.
• Testimony of Witnesses.
• Presumptions and the Evidence of Accomplished Facts.
• Admission and Examination of the Adversaries.
• Oaths.
• Observation and Proof of Circumstances.
• Expertise.
Written Evidence
The written evidence consists of two kinds:-
1) Official Documents
2) Customary Documents
Official Documents: Official papers are those in which a public official or individual working for the government attests to what occurred before him or to what he was told off by the parties involved, in line with the law and within the scope of his or her power and jurisdiction.
Papers that do not receive official status only have significance as customary documents, and even then, only if the people involved have signed, sealed, or fingerprinted the documents. If the official document’s original is accessible, a certified copy—whether written by hand or captured on camera—shall be considered evidence to the degree that it complies with the original.
Customary Documents: A customary document shall be considered to originate from the person signing it provided he does not explicitly deny any handwriting, signature, seal, or fingerprint pertaining to him.
An heir or successor shall not be required to make a denial; it shall suffice for him to state that he does not know as to whether the handwriting, signature, seal, or fingerprint are those of the person from whom he has assumed the right.
A customary document shall not be evidence for others in terms of date until it has a confirmed date.
Testimony Of Witnesses
The testimony is a declaration or statement made by a person concerning particular facts that he knew is how the term “testimony” is defined.
The written evidence is stronger than the witness in proof because the testimony is news, and news may be both true and untrue. Witness testimony is regarded as a weapon for judicial proof. Article Number (37) allows for the use of witness testimony to support claims.
Except for the person it is conducted in front of and the purpose for providing it, it does not deviate from that. To tell the person in the Judicial Council of his knowledge of an occurrence that shows a right to others in the face of another, the litigants must first go up against each other.
Presumptions And The Evidence Of Accomplished Facts
According to its meaning, a presumption is an assumption that a law or court makes from a known fact to know an unknown fact” There are two sorts of presumptions: judicial presumptions, which the judge derives from the facts of the case, and legal presumptions, which the law itself evokes as if the law regards the note on the bond as a presumption of compliance.
Admission And Examination Of The Adversaries
Human recognition of a duty owed by one person to another. An admission is judicial if it is made in front of the court by a party to a lawsuit about a fact that has been leveled against him throughout the case’s examination.
in addition, Extrajudicial admission is when the admission takes place outside of court or during a disagreement that is brought up in another case.
Oaths
A declaration in which the swearer accepts what he thinks in his conscience as a witness to the truthfulness of what he says.” If the fact under oath pertains to the party to whom the oath is offered, or if it is not personal to him, then it should center on his merely knowing of it. Each party may, at any stage of the case, submit the definitive oath to the other.
However, if the party administering the oath do so in a vexatious manner, the court may refuse to let the oath be administered.
The party to whom the oath was administered may submit it back to the other party. The oath cannot be offered back when it merely involves a fact in which neither party participated, but only the person to whom the oath has been presented. When the opposing party has agreed to take the oath, the party who is tendering or returning the oath may not withdraw.
The judge may not direct the completed oath to the plaintiff to determine the value of the request unless it is impossible to determine this value in another way.
If the person to whom the oath is directed has an excuse that prevents him from attending, the court shall move or delegate one of its judges to swear instead of him.
Observation And Proof Of Circumstances
The court may decide to proceed to examine the dispute at one of the parties request or on its initiative. If it does, it may designate one of its judges for the task and state the time and location of the examination in its ruling.
The judge or the court must publish a report outlining all the inspection-related tasks. The court, or any of its judges that it deputizes, may choose an expert to help in the examination, and it is free to call any witness it considers appropriate.
Anyone who worries about losing evidence that might be used in a legal dispute may, in front of the parties involved and via the customary channels, ask the judge of urgent cases to move for inspection.
In this situation, the prior rules will be taken into consideration. The Urgent Matters Judge may authorize an expert to relocate, examine, and hear witnesses in the aforementioned situation without a right.
The court will next schedule a hearing to hear the parties’ opinions on the expert’s report and his work while adhering to the guidelines outlined in the expertise chapter.
Expertise
The courts may ask for the appropriate expert’s opinion if any issues call for an expert opinion before deciding on a case.
The Ministry of Justice has a list of requirements for experts, including being of good moral character and behavior, not having been convicted of a felony or misdemeanor involving a breach of honor or trust, having a university degree with accreditation in his field of specialization, and having experience in his field of expertise for 7 years after graduation in the case of a citizen and 15 years in the case of non-citizens. The expert must complete the steps and tests set out by the Ministry.
The expert will write a report on the subject in which he will express his viewpoint and explain how it is. Following a brief period for comments and responses to the preliminary report from the parties, the judge is then issued the final report.
It should be noted that the expert’s opinion is not legally binding on the court, and in cases where the court issues a decision that conflicts with the expert’s view, the court must provide justification for doing so.
Except for cases when the parties to the litigation have agreed to select experts, non-experts will not be allowed to practice their expertise in legal proceedings. In this situation, the court will approve their agreement.
