Evidence by Admission and Questioning of Litigants PDF

Evidence by Admission and Questioning of Litigants Dr. Omar Alhyari Faculty of Business and Law 1  Admission refers to a declaration by a person of a right owed by him to another. Two types; Judicial and non-judicial....

Evidence by Admission and Questioning of Litigants Dr. Omar Alhyari Faculty of Business and Law 1  Admission refers to a declaration by a person of a right owed by him to another. Two types; Judicial and non-judicial. 2  It is judicial if the litigant confesses before the court directly or through any means of remote communication technology to a legal fact alleged against him, in the course of proceedings related to this fact, whether it is before the court examining the case or the supervising judge, as the case may be. It is not judicial if it does not take place before the court, or if it concerns a dispute raised in another case. 3  For an admission to be valid, the admitter shall have the capacity to dispose of the subject of his admission. The admission of a discerning child who is authorised to purchase and sell shall be valid to the extent that he is authorised to do so. The admission of the guardian, or the like, shall be valid regarding what they have undertaken within the limits of their jurisdiction. 4  Admission shall be explicit or implicit, oral or written. Example of implicit: someone receives an invoice claiming they owe money for damages and pays it without raising any objection. 5  Admission shall not be admissible if it is apparently false. For example, admission by Ali that he borrowed money from Ahmed on a specific date although Ahmed died earlier than this date, or if a person acknowledges the paternity of another person who is older than him. 6  Non-judicial admission cannot be established by testimony in cases where evidence by testimony is not permissible. 7  The court or the supervising judge, as the case may be, may sua sponte or at the request of one of the litigants, question the litigants who are present. 8  Any of the litigants may, with the approval of the court or the supervising judge, as the case may be, question his opponent who is present directly. 9  The court or the supervising judge, as the case may be, may sua sponte or at the request of one of the parties, order a party to the case to appear for questioning. Whoever it decides to question shall be required to attend the scheduled hearing. If the litigant has an acceptable excuse that prevents him from appearing in person for questioning, his statements may be heard through means of remote communication technology, and if that is not possible, the supervising judge may move to him to hear his statements. If the questioning is conducted before the court, it may delegate one of its judges to question him. The court or the supervising judge shall set the date and place for hearing his statements, and minutes shall be drawn up, signed by both the delegated or supervising judge and the clerk. If the litigant fails to appear for questioning without an acceptable excuse or if he refuses to answer without a valid justification, the court shall draw its own conclusions, and it may accept testimonial evidence in the cases where that is not admissible. 10  If the litigant lacks capacity, his legal representative may be questioned, and the court or the supervising judge, as the case may be, may question him (the one who lacks capacity) if he is discerning in the matters in which he is authorised. If the litigant is a legal person, its legal representative may be questioned. 11  The court or the supervising judge, as the case may be, may direct questions to any of the litigants or whatever questions the other litigant requests to be directed. The questions shall be answered during the same hearing, unless it is necessary, as the court or the supervising judge deems fit, to schedule another date for answering them. The litigant may object to a question directed to him, and he shall indicate the reason for his objection. The court or the supervising judge, as the case may be, shall ban any question that is not relevant or productive in the case or that is inadmissible. The questions and answers shall be recorded in the minutes of the hearing and they shall be read out to the litigants who are present. The questioned shall correct whatever answers he deems necessary to correct, and the minutes shall be signed by both the judge and the clerk. 12