Introduction to Evidence Law PDF

Introduction Dr. Omar Alhyari Faculty of Business and Law 1 Background Definition Importance Regulation Scope of Application Not required to prove the law. Judge is assumed to know the applicable legal provisions Points of Fact...

Introduction Dr. Omar Alhyari Faculty of Business and Law 1 Background Definition Importance Regulation Scope of Application Not required to prove the law. Judge is assumed to know the applicable legal provisions Points of Fact 2 Basic Principles and Rules It shall be incumbent upon the claimant to prove the right he claims, and upon the defendant to refute same. The word “claimant” does not always mean the person who raised the case. It can include the person against whom the case is raised. How? 3  The facts to be established shall be relevant, productive, and admissible. 4 For example, if the landlord is demanding rent from the tenant for a specific period, and the latter submits rent receipts for all periods prior to the period for which the lessor is demanding rent, in order to try to prove that he pays rent regularly, then the submission is not productive, because proving regular payment for previous periods is not productive in the lawsuit. However, if the tenant submits rent receipts for a period subsequent to the period for which the rent is being claimed, then this is a productive fact in the case, as it will be considered a presumption for paying the claimed rent unless proven otherwise. 5 Examples of inadmissible facts include loan arising from gambling and an attempt by a person to prove that another person younger than him is his father. 6  The judge may not rule based on his personal knowledge. Judge cannot rely on relevant facts of which he becomes aware out of court. For instance, if he attends a meeting in which a contract is concluded by two parties. 7  Evidence shall be binding on all, and admission shall constitute evidence against the admitter alone. 8  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 not possible, the court shall not accept any of the evidence. In any case, it shall indicate the reasons therefor in its ruling. 9  The obligation shall not necessarily be established using a specific form, unless a form is stipulated by a special provision or a written agreement between the litigants. E.g., shall be a notarized document. 10  If the litigants agree on specific rules of evidence (For instance, that a certain action should be proved through witnesses, or that if expertise is needed, three experts should be appointed) the court shall apply their agreement unless it violates public order. The litigants’ agreement shall not be taken into consideration unless it is in writing. 11  If the court or the supervising judge, as the case may be, decides to initiate an evidence procedure, it shall set in the decision the date of the first hearing for initiating the procedure. A clerk shall attend the evidence procedures (this does not mean that he should attend expertise meetings) and he shall draw up the minutes electronically or on paper and sign them along with the judge without the need for the signature of the litigants and the concerned parties. 12  The court may, on its own initiative or at the request of one of the litigants, amend by a decision it records in the minutes of the hearing, whether electronically or on paper, the evidence procedures it has ordered, provided that it indicates the grounds for the amendment in the minutes of the hearing. The court shall have the right to disregard the outcome of the evidence procedure, provided that it indicates the grounds therefor in its judgment or decision. 13  The admission, the questioning, the testimony and the taking, tendering, refusing and tendering back of oath shall be in writing for the mute and persons of similar status. If they cannot write, their usual gesture shall be accepted. 14  Questioning, testimony, or oath, shall be at the court. Where this is not possible, the court may move (i.e., to go to the concerned person) or assign one of its judges to do so. If the questioned, the witness, the person to whom the oath is tendered resides in the State but is outside the jurisdiction of the court (e.g., court in Dubai, and the concerned person lives in RAK) and it is not possible to implement the evidence procedure electronically, the court shall delegate the court located at his place of residence, in which case the provisions on letters rogatory set forth in the relevant legislation in force shall apply. If the questioned, the witness, the person to whom the oath is tendered resides outside the State and it is not possible to implement the evidence procedure electronically, the court may delegate the competent court in that State to initiate the required evidence procedure on its behalf pursuant to the judicial agreements between the States concluded in this regard. 15  Without prejudice to the obligations of the State under the international conventions in force therein, the court may accept the evidence procedures implemented outside the State, unless they are contrary to the UAE public order. 16  In the event that the litigant fails to deposit the documents or implement the required evidence procedure (ordered by the court), the court or the supervising judge, as the case may be, may decide to fine him not less than (1,000) one thousand dirhams and not more than (10,000) ten thousand dirhams, by a decision recorded in the minutes of the hearing. This decision may not be challenged in any manner. The court or the supervising judge, as the case may be, may exempt the sentenced from all or part of the fine if he provides an acceptable excuse. 17