Slide 1: Law of Evidence - Principles and Rules

• Evidence concerns the background, definition, importance, regulation, and scope of application.
• It is not necessary to prove the law, because judges are assumed to know the applicable legal provisions.
• Evidence involves points of fact.

Basic Principles and Rules

• It is incumbent upon the claimant to prove the right they claim, and upon the defendant to refute it.
• The term claimant does not always refer to the person initiating the case, it can also include the person against whom the case is raised.
• The facts to be established should be relevant, productive, and admissible.
• A landlord demanding rent from a tenant provides an example, submitting rent receipts for periods prior is not productive.
• If the tenant submits rent receipts for a period subsequent to the period for the rent claim, then this is productive as it is considered a presumption for paying the claimed rent unless proven otherwise.
• Examples of inadmissible facts are loans from gambling, and if a person tries to prove someone younger than them is their father.
• Judges cannot rule based on personal knowledge and cannot rely on relevant facts that they become are aware of out of court.
• Judges cannot implement evidence from meetings where a contract is concluded by two parties.
• Evidence is binding on all, and admission is evidence only against the admitter.
• Without prejudice to the provisions of the Law, If the evidence is contradicting and cannot be combined, the court may accept thereof whatever it finds more probable from the circumstances of the case.
• Where this is unachievable, the court cannot accept any of the evidence.
• The court must indicate the reasons in its ruling.
• Obligations do not have to be established using a specific form unless a special provision or written agreement between the litigants is required.
• An example would be a notarized document.
• The court applies any specific rules of evidence the litigants agree on, unless it violates public order, such as proving an action through witnesses or three experts are needed.
• Litigants' agreements are not considered unless in writing.
• If the court or supervising judge initiates an evidence procedure, the date of the first hearing for initiating the procedure must be set in the decision.
• Clerks should attend the evidence procedures and draw up the minutes electronically or on paper and sign them along with the judge however, the signature of the litigants and the concerned parties is not required.
• A court can amend evidence procedures through a recorded decision in hearing minutes, either electronically or on paper, if justified.
• The court can disregard results if grounds are indicated in the judgment or decision.
• For mutes or those of similar status, the admission, questioning, testimony, and oath processes must be in writing; if unable to write, their gestures are accepted.
• Questioning, testimony, or oath should occur at the court, but if not possible, the court may move, or assign one of its judges to do so.
• If the person questioned, the witness, or the person to whom an oath is tendered resides in the State but outside the court's jurisdiction (e.g., lives in RAK but the court is in Dubai), and electronic implementation is impossible, the court should delegate the court located at their residence.
• Provisions on letters rogatory set forth in the relevant legislation in force apply.
• If the questioned, witness, or oath recipient resides outside the State, and electronic implementation is not possible, the court may delegate the competent court in that State to initiate the required evidence procedure, as per judicial agreements between the States.
• Without undermining the State's obligations under international conventions, the court can accept evidence procedures implemented outside the State unless contrary to UAE public order.
• If a litigant fails to deposit documents or implement a required evidence procedure ordered by the court, the court or the supervising judge may fine them between 1,000 to 10,000 dirhams, recorded in the hearing minutes.
• This decision is unchallengeable. The court or supervising judge may excuse the fine if the litigant provides an acceptable excuse.