Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions

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Federal Decree by Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions

Issued Date: 03 Oct 2022
Effective Date: 02 Jan 2023
Official Gazette Date: 10 Oct 2022
Official Gazette No: 737
Legislation State: Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.

Preamble (preview): We, Mohammed bin Zayed Al Nahyan, President of the United Arab Emirates, Having reviewed: The Constitution; Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers, as amended; Federal Law No. (10) of 1973 on the Federal Supreme Court, as amended; Federal Law No. (8) of 1974 Regulating the Profession of Experts Before Courts; Federal Law No. (6) of 1978 Establishing Federal Courts and Transferring the Jurisdiction of Local Courts; the Law of Civil Transactions, promulgated by Federal Law No. (5) of 1985, as amended; Federal Law No. (10) of 1992 Enacting the Law of Evidence in Civil and Commercial Transactions, as amended; Federal Law No. (28) of 2005 on Personal Status, as amended; Federal Law No. (10) of 2019 Regulating Judicial Relations Between Federal and Local Judicial Authorities; Federal Decree-Law No. (31) of 2021 Enacting the Penal Code; Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services; and Based on the Proposal of the Minister of Justice and the Cabinet's approval thereof, Hereby enact the following Decree-Law. The attached Law shall apply to evidence in civil and commercial transactions.

This document (125 Articles across 10 Parts) covers: Part 1 General Provisions; Part 2 Evidence by Admission or Examination of Litigants; Part 3 Documentary Evidence; Part 4 Electronic Evidence; Part 5 Testimony Evidence; Part 6 Presumptions and Res Judicata Evidence; Part 7 Custom Evidence; Part 8 Oath Evidence; Part 9 Inspection; Part 10 Experts.

Full structural headings and preview text of each article (as captured; previews truncated to visible portion — full verbatim text was not obtainable due to document length exceeding capture tool limits):

Part 1: General Provisions

Article (1): 1. The plaintiff has the right to prove his claim and the defendant has the right to disprove it. 2. T[he burden of proof provisions continue]...

Article (2): 1. The Onus of Proof weighs on the claimant "onus probandi actori incumbit" and the denial of the res[pondent]...

Article (3): Without prejudice to the provisions of this Law, in case of conflicting evidence, which cannot be re[conciled]...

Article (4): Proof of obligations does not require a specific form, unless otherwise is stipulated in a particula[r provision]...

Article (5): 1. Where the litigants agree on specific rules of evidence, the court shall approve their agreement,...

Article (6): 1. The judgments and decisions issued in respect of the evidentiary proceedings are not required to b[e...]...

Article (7): 1. If the court or supervising judge, as the case may be, orders that any of the evidentiary proceedi[ngs be taken]...

Article (8): 1. The court may, either sua sponte or on a litigant's motion, renounce, by virtue of a decision to b[e...]...

Article (9): In the case of a dumb litigant and the like, his admission, examination, delivery of testimony or ta[king of oath]...

Article (10): 1. Any evidentiary proceeding electronically conducted shall have the same binding force of the judgm[ent]...

Article (11): 1. Evidentiary proceedings, including admission, examination or cross-examination, testimony or oath-[taking]...

Article (12): Without prejudice to the obligations of the State under the international conventions in force there[in]...

Article (13): 1. If a litigant fails to file the documents or conduct the required evidentiary proceeding, the cour[t may]...

Part 2: Evidence by Admission or Examination of Litigants

Article (14): 1. Admission is a party's statement acknowledging an obligation owed by him to another party. 2. The a[dmission]...

Article (15): 1. In order to be valid, an admission shall be made by a person having the capacity to dispose of the[right]...

Article (16): 1. Admission may be made expressly or implicitly, orally or in writing. 2. Admission shall not be admi[tted]...

Article (17): Admission shall not be divisible with respect to the person who made it unless it relates to several[matters]...

Article (18): Judicial admission shall be conclusive and limited to the person who makes the admission and may not[be revoked]...

Article (19): Extrajudicial admission shall be proved pursuant to the provisions hereunder. The testimony evidence[rules apply]...

Article (20): 1. The court or the supervising judge, as the case may be, may, sua sponte or on a litigant's motion,...

Article (21): 1. The court or the supervising judge, as the case may be, may, sua sponte or on a litigant's motion,...

Article (22): 1. In case of an incompetent litigant, his legal representative may be examined. The court or the sup[ervising judge]...

Article (23): 1. The court or the supervising judge, as the case may be, may direct to any litigant the questions i[t deems necessary]...

Part 3: Documentary Evidence

Article (24): 1. A formal instrument is a paper in which a public servant or a person in charge of a public service[records an act]...

Article (25): 1. A formal instrument shall be legally valid vis-à-vis all people in terms of all actions recorded t[herein]...

Article (26): 1. If the original formal instrument exists, its official copy shall be legally valid to the extent t[hat...]...

Article (27): If the original formal instrument is not available, the official carbon copy shall same legal validi[ty]...

Article (28): 1. An informal instrument shall be deemed issued by the person who signed it and legally valid vis-à-[vis him]...

Article (29): Correspondence signed or proved to be attributed to the sender shall have the same probative value a[s an informal instrument]...

Article (30): 1. Electronic or paper books of merchants shall not be legally valid vis-à-vis non-merchants; however[, exceptions apply]...

Article (31): Domestic registers and papers shall not be legally valid vis-à-vis the persons who wrote them, even [in certain cases]:
1. If such person explicitly states therein that he has collected a debt; and
2. If such person explic[itly acknowledges another matter]...

Article (32): 1. Annotating an electronic or paper deed of debt, by the creditor's handwriting without signature, t[his has legal effect]...

Article (33): 1. A litigant may request the supervising judge or the court, as the case may be, to order his opposi[ng party to produce a document]...

Article (34): 1. If the opposing party admits that the instrument is in his possession or he remains silent or the [court may draw conclusions]...

Article (35): 1. In commercial proceedings, a litigant may request that the opposing party produces an instrument r[elated to the case]...

Article (36): In the course of the proceedings, even before the Court of Appeal, the court or the supervising judg[e may order production]...

Article (37): 1. The court shall assess the implications of the material defects in an instrument in terms of inval[idity]...

Article (38): If a litigant produces an instrument as evidence in the proceedings, he may not withdraw the same wi[thout consent]...

Article (39): 1. A claim of forgery may be made against formal and informal instruments, while the denial of handwr[iting/signature is separate]...

Article (40): If the person against whom an informal instrument is presented denies that the handwriting, signatur[e is his]...

Article (41): 1. The court or supervising judge, as the case may be, shall schedule a date for the appearance of li[tigants]...

Article (42): 1. If the litigants fail to agree on the instruments valid for comparison, only the following shall b[e considered]...

Article (43): 1. In case that the court has decided the veracity of the whole instrument, the contesting party may [be liable]...

Article (44): 1. The claim of forgery may be raised whatever the status of the action is. The claimant of forgery s[hall...]...

Article (45): 1. The claimant of forgery shall deliver the instrument claimed to be forged, if it is in his possess[ion]...

Article (46): 1. The party who claims that an instrument is forged may withdraw his claim before the completion of [the investigation]...

Article (47): The order to investigate into forgery shall stay the execution of the instrument claimed to be forge[d]...

Article (48): Even in the absence of the claim of forgery, the court may decide the rejection and invalidity of an[instrument sua sponte]...

Article (49): 1. If the claim of forgery against the instrument is decided to be rejected or if the right of the pa[rty is affected]...

Article (50): Whoever apprehends that he may be protested against with a forged instrument may sue the party who h[olds it]...

Article (51): 1. In cases where documentary evidence shall be allowed, documentary evidence may be replaced by judi[cial evidence in certain cases]...

Article (52): Without prejudice to the State's obligations under the international conventions in force therein, t[his Part applies to foreign instruments]...

Part 4: Electronic Evidence

Article (53): Subject to the other legislation in force in the State, electronic evidence shall be any evidence de[rived from electronic means]...

Article (54): Electronic evidence shall include the following: 1. Electronic record; 2. Electronic instrument; 3. Ele[ctronic signature, etc.]...

Article (55): Electronic evidence shall be subject to same provisions of the documentary evidence set forth in thi[s Law]...

Article (56): Formal electronic evidence shall have the same probative value as formal instruments if it fulfills [certain conditions]...

Article (57): Informal electronic evidence shall be legally valid vis-à-vis the parties to the transaction in the [same manner as informal instruments]...

Article (58): The litigant who alleges the invalidity of the electronic evidence set out in Articles (56) and (57)[bears the burden of proof]...

Article (59): Save as otherwise provided in Article (56) above, electronic evidence shall have the same probative [value as other evidence]...

Article (60): Electronic evidence shall be produced in its original format or by any other electronic means. The c[ourt may order verification]...

Article (61): If any of the litigants abstains from producing what is required by the court to verify the validity[of electronic evidence, consequences follow]...

Article (62): In case of failure to verify the validity of the electronic evidence for a reason unattributed to th[e litigant, the court decides accordingly]...

Article (63): 1. Extracts of electronic evidence shall have the probative value prescribed for the electronic evide[nce itself]...

Article (64): Where no particular provision is provided in this Part, the provisions set forth in Part III of the [Law (Documentary Evidence) shall apply]...

Part 5: Testimony Evidence

Article (65): Unless otherwise provided, testimony evidence may be established.

Article (66): 1. Any transaction whose value exceeds (AED 50,000) fifty thousand dirhams or its equivalent or whose[value is undetermined must be proved in writing, subject to exceptions]...

Article (67): Testimony evidence shall not be allowed even if the value does not exceed (AED 50,000) fifty thousan[d dirhams in certain cases]...

Article (68): Testimony evidence shall be allowed in cases that should have been proved in writing in the followin[g circumstances]...

Article (69): Testimony shall be given with regard to matters seen, witnessed or heard. Hearsay evidence shall not[be admissible save exceptions]...

Article (70): 1. A person below the age of (15) fifteen years and a person who is immature shall not be eligible to[testify]...

Article (71): 1. Before giving testimony, the witness shall disclose any relationship with the parties to the actio[n]...

Article (72): 1. A litigant who seeks to establish a fact by testimony of witnesses shall indicate the facts that h[e intends to prove]...

Article (73): If a litigant fails to bring his witness or summon him to appear at the scheduled hearing, his right[to rely on the testimony may lapse]...

Article (74): 1. If the witness refuses to appear in response to the call of the litigant, the court or the supervi[sing judge may compel attendance]...

Article (75): 1. If the witness appears and refuses to take the oath or abstains, without a legal excuse, from answ[ering, penalties apply]...

Article (76): 1. Testimony shall be given orally and may be given in writing with the permission of the court or th[e supervising judge]...

Article (77): 1. The court or the supervising judge, as the case may be, may hear the testimony of witnesses via me[ans of remote communication technology]...

Article (78): 1. Parties to the case or their attorneys may directly pose questions to the witness, provided that s[uch questions are relevant]...

Article (79): If the testimonies of witnesses are contradictory, the court shall admit such testimony to the exten[t it deems credible]...

Article (80): Testimony shall be recorded in a transcript showing the details of the witness, his relationship wit[h the litigants and his statement]...

Article (81): 1. The litigant against whom the testimony is given may show to the court or the supervising judge, a[ny grounds discrediting the witness]...

Article (82): If the court or the supervising judge, as the case may be, finds, in the course of the proceedings o[f a witness committing perjury, it may act accordingly]...

Article (83): 1. Whoever fears to lose the opportunity for having a witness testify in respect of a matter not yet [subject to litigation may request preservation of testimony]...

Article (84): Witnesses shall not suffer any harm. The court or supervising judge, as the case may be, shall preve[nt any harm to witnesses]...

Article (85): The court or supervising judge, as the case may be, shall, at the request of the witness, assess the[compensation due to the witness for costs incurred]...

Part 6: Presumptions and Res Judicata Evidence

Article (86): 1. Presumption established by law relieves the person in whose favor such a presumption was establish[ed from the burden of proof]...

Article (87): Subject to the provisions set forth in the Code of Civil Procedure, judgments and judicial decisions[have res judicata effect]...

Article (88): The court shall not be bound by the penal judgment on the case pending before it, except in the fact[ual findings established by such judgment]...

Part 7: Custom Evidence

Article (89): As for matters where no particular provision or an agreement between the parties is provided herein,[custom and practice shall govern]...

Article (90): 1. A litigant who relies on custom and normal practice among litigants as evidence shall establish th[e existence of such custom]...

Article (91): In case of conflict, normal practice among litigants shall prevail and special custom shall have pri[ority over general custom]...

Article (92): The court may, where appropriate, assign an expert to verify the establishment of custom and normal [practice]...

Part 8: Oath Evidence

Article (93): 1. An assertory oath is an oath taken by a litigant to refute his opposing party's claim, and the lit[igant administering the oath must specify the matter]...

Article (94): 1. Either litigant may administer the assertory oath to the other litigant whatever the status of the[case]...

Article (95): 1. The person taking the oath shall have the capacity to act in the matter for which he takes the oat[h]...

Article (96): 1. The oath shall be taken if the person taking the same says, "I swear by the Almighty God to say al[l the truth..."]...

Article (97): 1. An oath may not be administered in relation to any incident contrary to public order. 2. The court [shall assess the propriety of the oath]...

Article (98): 1. If a plaintiff fails to establish evidence and request his opposing party to take the oath, he sha[ll lose his right to claim]...

Article (99): The litigant may not prove the false oath after the oath is taken by the opposing party to whom the [oath was administered, save exceptions]...

Article (100): A custodian, guardian, endowment administrator and the like may administer the oath, abstain from ta[king it or refer it back]...

Article (101): The party administering the oath to his opposing party shall indicate precisely the incidents regard[ing which the oath is administered]...

Article (102): The oath shall be taken in the presence of the party requesting to administer it unless he decides n[ot to attend]...

Article (103): 1. The party who is subpoenaed to appear before the court to take the oath shall appear. 2. If the par[ty fails to appear, consequences follow]...

Article (104): 1. If there are several persons taking the oath, several oaths shall be taken, unless they share one [and the same right or obligation]...

Article (105): 1. The judge may, sua sponte and whatever the status of the action is, administer the suppletory oath[to either litigant]...

Article (106): The suppletory oath shall be taken by custodians, guardians, endowment administrators and the like o[n the same basis as the assertory oath]...

Part 9: Inspection

Article (107): 1. The court or the supervising judge, as the case may be, may, either sua sponte or at a litigant's [request, conduct an inspection]...

Article (108): 1. Whoever fears the loss of the distinguishing features of an incident, which may become disputable [may request urgent inspection]...

Part 10: Experts

Article (109): 1. The court or supervising judge, as the case may be, may, sua sponte or at a litigant's request, de[legate an expert]...

Article (110): If the expert is not enrolled in the roll of experts, he shall take an oath, before the entity assig[ning him, to perform his task honestly]...

Article (111): The operative part of the expert assignment decision shall include a detailed description of his tas[k and the time limit for its completion]...

Article (112): 1. The court shall, where appropriate, fix the amount to be paid to the expert, identify the litigant[required to make an advance deposit]...

Article (113): Before performing the task, the expert shall disclose any relationship with the parties to the case [that may affect his impartiality]...

Article (114): 1. Either litigant may request to disqualify the expert if a reason pertaining to him makes it probab[le that he is not impartial]...

Article (115): In order to perform his task, the expert may: 1. Hear the statements and comments of litigants, and a[ccess relevant documents and premises]...

Article (116): 1. No person shall abstain, without legal justification, from enabling the expert to perform his task[under penalty]...

Article (117): 1. The expert shall draw up a report on his work, which shall include the following: a. A descriptio[n of the task performed, and other required elements]...

Article (118): 1. If the expert fails to carry out his task without an acceptable excuse, performs it negligently or[delays it, the court may replace him and impose sanctions]...

Article (119): 1. The expert shall lodge with the case management office his paper or electronic report, which shall[include his findings and conclusions]...

Article (120): If the expert's task is completed, he shall return all papers, documents or other stuff he has recei[ved to the parties or the court]...

Article (121): The court or the supervising judge, as the case may be, may, sua sponte or at a litigant's request, [order additional expert work or clarification]...

Article (122): 1. The litigants may, even before the action is instituted, agree to accept the result of the expert'[s work as final and binding, subject to conditions]...

Article (123): The litigant who loses the claim, the subject matter of the expert's testimony, shall incur the amou[nt of the expert's fees, pro rata]...

Article (124): 1. Notwithstanding the procedures regulating the profession of experts, the court or supervising judg[e may assign any suitably qualified person as expert]...

Article (125): The court may rely on an expert's report submitted in another case instead of seeking assistance of [a new expert, subject to conditions]...

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