Week 5 - Testimony

General Admissibility of Testimonial Evidence

• As a general rule, testimonial evidence is admissible unless a provision states otherwise.

Acts Exceeding 50,000 Dirhams

• Any act exceeding 50,000 dirhams or its equivalent, or with unspecified value, must be established in writing and cannot be proved by testimony.
• Obligations are estimated at the time of the act, excluding accessory amounts like interest.
• In lawsuits with multiple requests from various sources, testimony is admissible for claims not exceeding 50,000 dirhams, even if the total exceeds this value or the claims arise from similar relations/acts.
• The value of the original obligation determines proving partial fulfillment.

Cases Where Testimonial Evidence is Inadmissible

• Testimonial evidence is not admissible even if the act's value is under 50,000 dirhams in certain cases.
• These cases include matters that the law requires to be in writing for validity, the remainder of a right requiring written establishment, contradictions to documentary evidence and when a litigant modifies a claim exceeding 50,000 dirhams to be less than that.

Conditions for Admissibility of Oral Testimony

• If a litigant has issued a writing that suggests the act possibly happened.
• Material or moral impediments prevent written evidence, such as the absence of someone who can write.
• Marriage and kinship up to the fourth degree can be considered moral impediments.
• If the claimant lost the deed through no fault of their own, the testimony can be used.
• If a UAE public order or morality is contested within documentary evidence, which substantial reasons submitted to the Court, at their discretion.

Scope and Limitations of Testimony

• Testimony must be about what is seen or heard directly.
• Hearsay testimony gets rejected, except for matters often unknown without it, including including death, marriage, divorce, Waqf, and wills.

Eligibility to Testify

• Individuals under 15 years, and those of unsound mind are not eligible to testify.
• Statements from those under 15 can be considered for indicative purposes.

Witness Disclosure

• Before testifying, the witness must disclose any relationship or interest they have in the case.

Inadmissible Testimony Based on Relationship

• The testimony of someone protecting themselves or seeking personal benefit isn't accepted.
• Testimony from an ascendant for a descendant, a descendant for their ascendant, a spouse for their spouse even after separation, or a guardian for the person under their care is not accepted.

Testimony of Public Servants

• Public servants cannot testify about information learned during their employment if disclosure wasn't authorized by the relevant authority, even after employment termination.
• The authority can authorize testimony if requested by the court or a litigant.

Court Authority and Witness Summons

• The court or supervising judge can summon witnesses as necessary.
• A litigant requesting testimonial evidence must specify the facts they wish to establish, including the number and names of witnesses.
• If the court allows a litigant to establish a fact through testimony, the other litigant can refute it.

Consequences for Non-Appearance of Witness

• If a summoned witness fails to appear, the court can fine them between 1,000 to 2,000 dirhams.
• If the witness still doesn't appear, another fine of 2,000 to 10,000 dirhams can be imposed and they may be arrested and brought in.
• The court can exempt from fines if the witness provides an acceptable excuse.

Alternative Arrangements for Testimony

• If a witness can't appear due to an excuse and remote communication isn't possible, the judge may move to the witness's location to hear the statement.

Testimony Procedure

• Testimony should be oral but can be written with the court's permission.
• Testimony is given in the presence of the litigants.
• The absence of a litigant doesn't prevent the hearing, and they can access the minutes.
• Each witness's testimony is heard privately, without other unheard witnesses present unless valid.
• Adjournments serve as summons to the following session.

Witness Oath

• Witnesses must swear an oath to tell the truth, according to their religion or belief.

Remote Testimony

• The court can hear testimony via remote communication technology.
• Each witness provides testimony in private unless it's not possible.
• The judge and clerk must sign the minutes.
• If remote testimony isn't feasible, the court orders the witness to appear in person, specifying the location and date.

Questioning of Witnesses

• Parties can question the witness if the questions are relevant and reveal the truth.
• The witness answers questions from the litigant that requested them first, then the other litigant.
• Litigants finish the questioning, they cannot ask new questions without court permission.
• Litigants can question to reveal bias, relationships, or past convictions of the witness.
• Witnesses can refuse to answer if a confession to a crime is sought, or they are forced to testify against themselves.

Court Intervention in Questioning

• The court can ban questions that are irrelevant, procrastinating, violate laws, or contradict public order/morality.
• The court may directly question the witness to reveal the truth.
• Witnesses can use written notes with court approval.
• The court can ask about omitted information that should be mentioned.

Evaluating Conflicting Testimony

• If testimonies differ, the court accepts the testimony to the extent that it establishes validity.
• The witness must sign the minutes, and refusals require a stated reason.

Assessing Witness Credibility

• The court can evaluate the witness's justice based on behavior, conduct, and circumstances.

False Testimony

• If the court finds a witness gave false testimony, it reports the case to the Public Prosecution.

Preserving Testimony

• To preserve the opportunity to have the witness testify, this action may be requested if a party fears losing a witness in a matter not yet before the court.
• Requests can be submitted electronically or on paper to the competent court.

Witness Costs

• The court estimates transportation costs for the witness, unless the loss is proportional.
• The losing litigant normally covers the costs, or the litigants share costs proportionally.