Slide 4: Testimonial Admissibility

• Testimonial evidence is admissible unless a provision states otherwise.

Acts Exceeding 50,000 Dirhams

• Acts exceeding 50,000 dirhams or their equivalent, or those with unspecified value must be established in writing, not by testimony
• The obligation is estimated at the time of performance, excluding accessory amounts like interest
• In lawsuits with multiple requests, testimony is admissible for claims not exceeding 50,000 dirhams, even if the total value exceeds this amount

Inadmissible Testimonial Evidence

• Testimonial evidence is inadmissible even if the act's value doesn't exceed 50,000 dirhams in these cases:
• Matters the law requires to be in writing for validity
• Requirements that pertain to the remainder of rights can only be established in writing
• Matters that contradict/exceed what's in documentary evidence (electronic/paper)
• If a litigant's claim exceeds 50,000 dirhams, then modifies it not to exceed that value

Admissible Testimonial Evidence

• When to be admissible is when something should have been established in writing:
• Writing from the litigant makes the alleged act a near possibility
• A material or moral impediment prevents access to the writing, such as not knowing written evidence, or marriage/kinship up to the fourth degree
• If claimant has lost their deed and it is proven, whether electronic or paper form, for reasons not directly attributed to them
• Evidence can be contested if its content is contrary to UAE public order or morality, but substantial reasons must be submitted to convince the Court, which has discretion

Testimony Guidelines

• Testimony must be based on what is seen or heard
• Hearsay testimony is not accepted unless it pertains to information that would be hard to know otherwise, like death, marriage, divorce, Waqf, and wills

Witness Eligibility

• Anyone under fifteen years of age or of unsound mind cannot testify
• Statements from individuals under fifteen may be heard for indicative purposes

Witness Disclosures

• Before testifying, a witness needs to disclose any relationship with the parties or interests in the case.
• Testimony to protect oneself from harm or for personal gain is not accepted
• Accepted testimonies will not include spouse for a spouse, ascendant for a descendent, descendent for an ascendant, or a guardian for a ward
• Testimony from public servants concerning information from their employment that wasn't authorized for disclosure, is not accepted, including after employment termination, unless authorized

Court Authority

• A court or supervising judge can summon necessary individuals to testify sua sponte or at a litigant's request
• A litigant requesting testimonial evidence has to state the desired facts, the number of witnesses, and their names in writing or verbally
• If a court/supervising judge allows one litigant to establish a fact via testimonial evidence, the other litigant can refute it by presenting evidence

Witness Non-Appearance

• If a witness fails to appear after being summoned, a court/judge can fine them between 1,000 and 2,000 dirhams
• If they still don't appear, another fine from 2,000 to 10,000 dirhams can be imposed
• If the witness still refuses the court can arrest them
• Witnesses can be exempt from fines if they appear with an acceptable excuse

Witness Testimony

• If a witness cannot appear due to a valid excuse and remote communication isn't viable, a judge can move to the witnesses location to hear their statement
• Testimony is oral but can be written with court/judge permission and is given with litigants present
• Unless there is a valid requirement, each witness will be heard privately, without the other witnesses
• The testimony of each witness is private; they are heard one at a time, except for a valid requirement
• Testimonies shall be sworn to by the witness

Remote Communications

• Witnesses can use remote communication technology to testify
• The judge and clerk will both sign the minutes
• In remote communications/trials, if a witness can't testify remotely, the court/judge will order them to appear in person, specifying the location and hearing date

Questioning

• Parties/agents can ask witnesses relevant questions to reveal the truth
• The witness answers the questions of the litigant that asked them to come, then the questions of the other litigant
• Once the litigant finishes questioning the witness, they may not ask new questions unless the court authorizes
• Litigants can question witnesses about bias, relationships, friendships with parties, or interest in the case outcome
• Witnesses don't have to answer if the question is to obtain a confession or force them to testify against themselves

Witness notes, Court assessments and Actions

• Courts can ban questions if they're irrelevant, intended to stall the hearing, are inadmissible, violate state laws, or are against public order/morality
• In any event, they, also, may address questions to reveal the truth
• Witnesses can use notes to assist and courts can ask about things they omitted to mention
• If testimonies differ, the court accepts the testimony it deems valid
• Witnesses must sign the minutes, stating the reason if they refuse to do so
• The court/judge can assess a witness based on behaviour, conduct, and case circumstances
• If a court/judge finds a witness gave false testimony they send a report to Public Prosecution
• If someone is in fear of losing the opportunity to have a witness in a matter to be brought before the courts, than they may request to have a witness, the request is submitted electronically/paper to the governing court

Costs/Exemptions

• Courts will estimate and the losing litigant will pay witness transportation and interruption costs unless the loss is proportional, in which case each litigant pays an amount relative to their loss
• The judgement of a loss will be shown/issued on the merits in each case