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

Article (1)  
The attached Law shall apply to evidence in civil and commercial transactions.

Article (2)  
Federal Law No. (10) of 1992 Enacting the Law of Evidence in Civil and Commercial 
Transactions, and any provision contradicting or repugnant to the provisions of the attached 
Law are hereby repealed.

Article (3)  
This Decree -Law shall be published in the Official Gazette, and shall enter into force as of 
2nd January 2023.  
 
 
  
Mohammed bin Zayed Al Nahyan  
President of the United Arab Emirates  
 
Issued by Us at the Presidential Palace in Abu Dhabi  
On 7th Rabi' al -Awwal 1444 AH . 
 Corresponding to 3rd October 2022 AD .  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   3 
  
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. The facts to be proven shall be relevant to the action, have a bearing on evidence, and be 
admissible.  
3. No judge shall render a judgment based on his personal knowledge.  
  
Article (2)  
1. The Onus of Proof weighs on the claimant " onus probandi actori incu mbit" and the 
denial of the respondent must be made under oath.  
2. Evidence shall be established to prove a matter contrary to an apparent fact, and oath 
shall be taken to confirm an original fact.  
3. Proof is be legally valid vis -à-vis all parties, while admission is affirmative evidence 
against the admitter only.  
  
Article (3)  
Without prejudice to the provisions of this Law, in case of conflicting evidence, which 
cannot be reconciled, the court may weigh evidence based on inferences it may draw from 
the f acts of the case. If the same is impossible, the court may not admit any of such 
conflicting evidence. In all cases, the court shall indicate the underlying reasons in its judgment.  
   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   4

Article (4)  
Proof of obligations does not require a specific form, unles s otherwise is stipulated in a 
particular provision or a written agreement between the litigants.

Article (5)  
1. Where the litigants agree on specific rules of evidence, the court shall approve their 
agreement, unless their agreement is contrary to the p ublic order.  
2. The agreement of the litigants shall not be legally valid if it is not in writing.

Article (6)  
1. The judgments and decisions issued in respect of the evidentiary proceedings are not required to be substantiated, unless they include a final judgment.  
2. In all cases, the judgments and decisions rendered in summary proceedings for the establishment of a current status or the testimony of a witness shall be substantiated.

Article (7)  
1. If the court or supervising judge, as the case may be, orders that any of the evidentiary 
proceedings be initiated, the court or supervising judge shall include in the r elevant 
judgment or decision the date of the first hearing for initiating the relevant procedure, with no need for new notice if the procedure requires more than one hearing, except in 
case of serving a notice on an absent litigant of the allegation of for gery or 
administration of an assertory oath thereto.  
2. The procedures carried out shall be documented, either in an electronic or paper format, according to the procedures set forth in the Code of Civil Procedure.   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   5 
 3. A clerk shall be present during the ev identiary proceedings to draw up the record, either 
electronically or in paper form, and co -sign the same with the judge, with no need for the 
litigants and stakeholders to sign the same.

Article (8)  
1. The court may, either sua sponte  or on a litigant's  motion, renounce, by virtue of a 
decision to be recorded in the paper or electronic hearing transcript, the evidentiary 
proceedings ordered thereby; provided that the court indicates the underlying reasons 
therefor in the hearing transcript.  
2. The court may decide not to admit the results of an evidentiary proceeding; provided 
that it indicates the underlying reasons for the same in its decision or judgment.

Article (9)  
In the case of a dumb litigant and the like, his admission, examination, d elivery of testimony 
or taking the oath, administration of the oath, abstaining from taking the oath and deferring 
the oath shall be in writing. If he is unable to write, his habitual signs shall be deemed valid for the same.

Article (10)  
1. Any evidentiary proceeding electronically conducted shall have the same binding force of the judgments prescribed in this Law.  
2. In case of failure to conduct any evidentiary proceeding via means of remote 
communication for any reason whatsoever, the procedure shall be postponed to the 
next hearing, subject to the provisions set forth in this Law in this regard.   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   6

Article (11)  
1. Evidentiary proceedings, including admission, examination or cross -examination, 
testimony or oath -taking, shall be conducted before the cour t. If the same is impossible, 
the court may move or delegate one of its judges to conduct the procedure.  
2. If the person who makes the admission, examined person, witness or person to whom 
the oath is administered and the like resides in the State but out side the jurisdiction of 
the court and the evidentiary proceeding is impossible to be electronically conducted, 
the court shall delegate another court located within his place of residence. In such case, 
the provisions of judicial delegation set forth in t he legislation in force shall apply in this 
regard.  
3. If the person who makes the admission, examined person, witness or person to whom 
the oath is administered resides outside the State and it is impossible to electronically 
conduct the evidentiary proce eding, the court may send a letter rogatory to the 
competent court in such state to conduct the required evidentiary proceeding on the 
former's behalf, pursuant to the judicial conventions concluded in this regard.

Article (12)  
Without prejudice to the obligations of the State under the international conventions in 
force therein, the court may admit the evidentiary proceedings conducted outside the State, 
unless they are contradictory to the public order.

Article (13)  
1. If a l itigant fails to file the documents or conduct the required evidentiary proceeding,  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   7 
 the court or the supervising judge, as the case may be, may decide to fine him an amount 
of not less than (AED 1,000) one thousand dirhams and not more than (AED 10,000) te n 
thousand dirhams, under a decision to be recorded in the hearing transcript. Such 
decision shall have the same enforceability of judgments and shall be non -appealable.  
2. The court or the supervising judge, as the case may be, may exempt the convict from  the 
fine, in whole or in part, if he has an acceptable excuse.  
  
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 admission shall be a judicial admission if the litigant makes the admission directly 
before the court or via any means of remote communication of a certain fact  for which 
he is sued, during the legal proceedings relating to such fact, whether before the court 
that hears such  proceedings or the supervising judge, as the case may be.  
3. The admission shall be an extrajudicial admission if it is not made before the court or is 
related to a dispute raised in another case.

Article (15)  
1. In order to be valid, an admission shall be made by a person having the capacity to dispose of the admitted right.  
2. Admission of minors who are capable of discretion and discernment and authorized to 
sell and buy shall be valid in the authorized matters.  
3. Admission may be made by a guardian, custodian, endowment administrator or the like  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   8 
 in the matters they exercise within the scope of their guardianship, custody or 
administration.

Article (16)  
1. Admission may be made expressly or implicitly, orally or in writing.  
2. Admission shall not be admissible if it contradicts prima facie facts.

Article (17)  
Admission shall not be divisible with respect to the person who made it unless it relates to several facts, and the existence of one of them does not ne cessarily require the existence of 
others.

Article (18)  
Judicial admission shall be conclusive and limited to the person who makes the admission and may not be retracted.

Article (19)  
Extrajudicial admission shall be proved pursuant to the provisions h ereunder. The testimony 
evidence may not be established to prove extrajudicial admission, except in the cases where 
the testimony evidence is allowed.

Article (20)  
1. The court or the supervising judge, as the case may be, may, sua sponte  or on a litigant's 
motion, examine the whoever is present of the litigants.   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   9 
 2. Following the approval of the court or the supervising judge, as the case may be, either 
litigant may directly examine his opposing party who is present.

Article (21)  
1. The court or the supervising judge, as the case may be, may, sua sponte  or on a litigant's 
motion, order to the opposing party to appear for examination. A party to be examined shall appear at the hearing scheduled for the same.  
2. If a litigant has an acceptable excuse preventing him from appearing in person to testify, his testimony may be heard via means of remote communication. Failing which, the supervising judge may move to his place to hear his testimony. If the examination is  
taking place before the court, it may delegate one of its judges to examine him. The court or the supervising judge shall determine the date and place of hearing his testimony, and 
a transcript on the same shall be drawn up and signed by the delegated or supervising 
judge and the clerk.  
3. If a litigant fails to appear for examination without an acceptable excuse, or refuses to answer without legal justification, the court shall draw its own conclusions at its sole 
discretion and may admit evidence by way of witness testimony and presumptions in 
cases where the same is not allowed.

Article (22)  
1. In case of an incompetent litigant, his legal representative may be examined. The court or the supervising judge, as the case may be, may examine such litigant,  if he is a 
discerning person with respect to the matters he is authorized to perform.  
2. If a litigant is a legal person, its legal representative shall be examined.   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   10 
 3. In all cases, the aforesaid legal representative shall have the capacity to dispose of  the 
disputed right.

Article (23)  
1. The court or the supervising judge, as the case may be, may direct to any litigant the 
questions it deems appropriate or those requested by the opposing party to be 
addressed to him by the court. The answer shall be given at the same hearing, except if 
required, as the court or the supervising judge deems appropriate, to reschedule another 
date for giving the answer.  
2. A litigant may  object to a question put to him, and shall indicate the reason for his 
objection.  
3. The court or the supervising judge, as the case may be, may prevent any question which 
does not relate to the action, has no bearing on evidence or is not admissible.  
4. The answer shall take place in the presence of the litigant requesting the examination; however, the examination shall not be contingent upon his appearance.  
5. Questions and answers shall be recorded in the hearing transcript and shall be read out to the litigants present. The examined person may correct his answers that he requires to 
be corrected. The transcript shall be signed by both the judge and clerk.  
 
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 the actions performed by him or what he has received from the parties concerned in accordance with the legal conditions and within the limits of his authority  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   11 
 and competence.  
2. If such instrument does n ot satisfy the requirements referred to in Clause (1) of this 
Article, it shall only have the legal validity of an informal instrument if it is signed, 
stamped or fingerprinted by the persons concerned.

Article (25)  
1. A formal instrument shall be legally valid vis -à-vis all people in terms of all actions 
recorded therein performed by its writer within the limits of his mandate, or signed by 
the persons concerned in his presence, unless it is proven to be a counterfeit by the 
lega lly prescribed means.  
2. The content mentioned by any person concerned in the formal instrument shall be 
legally valid vis -à-vis such person concerned, unless proven otherwise.

Article (26)  
1. If the original formal instrument exists, its official copy s hall be legally valid to the extent 
to which it is a carbon copy of the original.  
2. A copy shall be deemed official if it is a photocopy of the original, in accordance with the 
governing procedures.  
3. A copy shall be deemed a carbon copy unless one of th e parties challenges the same. In 
such case, the copy shall be examined against the original instrument.

Article (27)  
If the original formal instrument is not available, the official carbon copy shall same legal 
validity as the original if the appearance  thereof does not give rise to doubt as to its being  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   12 
 identical to the original However, other copies shall not be valid, except for the purpose of 
guidance only.

Article (28)  
1. An informal instrument shall be deemed issued by the person who signed it and legally 
valid vis -à-vis him, unless this person explicitly denies that the handwriting, signature, 
signature stamp, or fingerprint attributed to him is his, or his successors deny the same or declare that they do not know that the handwriting, signature, signature stamp, or 
fingerprint is of the person from whom the right passed to them.  
2. The person against whom an informal instrument is invoked and who discusses the 
content the reof before the supervising judge or the court, as the case may be, may 
neither deny the validity thereof nor invoke that he does not know that such instrument 
is issued by the person from whom the right passed to him.

Article (29)  
Correspondence signed or proved to be attributed to the sender shall have the same 
probative value as informal instruments, unless its sender proves that he did not send or cause the correspondence to be sent.

Article (30)  
1. Electronic or paper books of merchants shall not b e legally valid vis -à-vis 
non -merchants; however, the data contained therein on the supplies made by the 
merchants may constitute a base on which the court may administer the suppletory oath 
to either party, in the matters which may be proved by the testim ony of witnesses.   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   13 
 2. Merchants' mandatory regular books, whether electronic or paper, shall be legally valid 
in favor of their merchant owner vis -à-vis his merchant opposing party if the dispute is 
pertaining to a commercial business. Such legal validity m ay be challenged by 
counter -evidence, which may be derived from the opposing party's regular books.  
3. Mandatory books, whether regular or irregular, electronic or paper, shall be legally valid 
against their merchant owner with respect to the entries upon which his merchant or 
non -merchant opposing party relied. In such case, the entries of such books which are in 
favor of their owner shall also be legally valid in his favor.  
4. If either merchant litigants relied on the electronic or paper books of his opp osing party 
and admits, in advance, the accuracy of the contents of such books, and the opposing 
party unjustifiably refuses to produce or give access to his books, the court may administer a suppletory oath to the party who relies on the book to prove his  claim.

Article (31)  
Domestic registers and papers shall not be legally valid vis -à-vis the persons who wrote 
them, even they were issued electronically, except in the following two cases:  
a. If such person explicitly states therein that he has collected  a debt; and  
b. If such person explicitly states therein that he intends, by what he wrote in such 
papers, that they serve as an instrument with respect to the persons in whose 
favor such papers established a right.  
In both cases, if what is stated is not signed by the person who wrote them, he may prove the contrary by all means of proof.

Article (32)   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   14 
 1. Annotating an electronic or paper deed of debt, by the creditor's handwriting without 
signature, to the effect o f the discharge of the debtor shall be legally valid vis -à-vis the 
creditor until otherwise is proven. Annotating the deed to this effect shall also be legally 
valid vis -à-vis the creditor, even if such annotation is not written or signed thereby as 
long as the deed never left his possession.  
2. The provision of Clause (1) of this Article shall apply if the creditor establishes, by his 
handwriting without signature, the discharge of the debtor in another original copy of 
the deed, or in an acquittance, and the copy or the acquittance, whether electronic or 
paper, is in the possession of the debtor.  
3. Repayment made via electronic means shall be deemed discharge of the debtor.

Article (33)  
1. A litigant may request the supervising judge or the court, as th e case may be, to order his 
opposing party to produce any paper or electronic instrument in the latter's possession that has bearing on the action in the following cases:  
a. If the law entitles him to request the production or receipt thereof;  
b. If the in strument is shared between him and his opposing party. An instrument 
shall be deemed jointly belongs to both litigants, in particular if it serves the 
interests of both litigants, proves their mutual obligations and rights or affects the 
legal position of both litigants.  
c. If his opposing party relies on such instrument at any stage of the proceedings.  
2. The request referred to in Clause (1) of this Article shall not be admissible unless it 
satisfies the following elements:  
d. Description and content of the instrument in as much detail as possible;   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   15 
 e. The indications and circumstances proving that the instrument is in the opposing 
party's possession; and  
f. The fact required to be proved by the instrument, and the grounds for ob ligating 
the opposing party to produce it.

Article (34)  
1. If the opposing party admits that the instrument is in his possession or he remains silent 
or the requesting litigant establishes the veracity of his request, the court shall order the 
instrument  to be immediately produced or on the date set by it.  
2. If the opposing party refuses to produce the requested instrument after he is given a time 
limit for one time, the copy produced by the requesting litigant shall be deemed as a 
carbon copy of the ori ginal. If the requesting litigant had not produced a copy of the 
instrument, the court may accept his statements as to the form and content of the instrument.  
3. If the opposing party denies the possession of the instrument and the requesting litigant fails to submit to the court adequate evidence proving the veracity of his request, the 
requesting litigant may request that the court administers an oath to the opposing party 
that such instrument does not exist, he has no knowledge of its existence or 
wherea bouts, he is not hiding it, or he did not neglect to search for it in order to prevent 
his requesting party from using it as evidence. If the opposing party refrains from taking 
the abovementioned oath and does not defer the oath to the requesting litigant  or defers 
the oath to the requesting litigant who takes the oath, the copy produced by the requesting litigant shall be deemed as a carbon copy of the original. If the requesting 
litigant had not produced a copy of the instrument, the court may accept the  requesting  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   16 
 litigant's statements as to the form and content of the instrument.

Article (35)  
1. In commercial proceedings, a litigant may request that the opposing party produces an 
instrument related to the proceedings or gives him access thereto to per use it, and the 
court shall order the same according to the following controls:  
a. The instrument must be specific or of a specific type;  
b. The instrument must be related to the commercial transaction, the subject m atter 
of the proceedings, or leads to revealing the truth about the same; and  
c. The access to such instrument may not lead to the infringement of any right to 
trade secrets or any associated rights, unless the court decides otherwise under a 
substantiated  decision.  
2. If the opposing party refuses to produce the instrument to the requesting litigant as ordered by the court pursuant to the provisions of Clause (1) of this Article, the court 
may deem his refusal as a presumption of the veracity of the reques ting litigant's claims.

Article (36)  
In the course of the proceedings, even before the Court of Appeal, the court or the 
supervising judge, as the case may be, may, either sua sponte  or upon a litigant's request, 
decide as follows:  
1. To implead a third party to produce an instrument in his possession; or  
2. To request an instrument from a public entity or a certified copy thereof to the effect of being identical to the original where the same is impossible for the 
litigant. The court or the supervising judge, as the case may be, may request the  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   17 
 public entity to provide, orally or in writing, the information in its possession 
relating to the proceedings, without prejudice to the provisions of the relevant legislation.

Article (37)  
1. The court shall asse ss the implications of the material defects in an instrument in terms 
of invalidating it or diminishing its probative value, and may admit all or some of the 
content of such instrument.  
2. If the validity of the instrument is in doubt for the court, then it may, on its own, 
subpoena its issuer or the person who executed it to give an explanation of the truth of 
the matter.

Article (38)  
If a litigant produces an instrument as evidence in the proceedings, he may not withdraw the 
same without the consent of his opposing party and upon a written permission from the 
court or the supervising judge, as the case may be, and a certified copy thereof shall be kept 
within the case file annotated b y the case management office as a true copy.

Article (39)  
1. A claim of forgery may be made against formal and informal instruments, while the 
denial of handwriting, signature stamp, signature or fingerprint may be made only against informal instruments.  
2. The litigant who claims forgery shall bear the burden of proving his claim. However, if a litigant denies issuing the informal instrument or his successor or representative deny  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   18 
 the same or denies knowing of such instrument, his opposing party shall be ar the 
burden of proving that it has been issued by him or his successor.  
3. If a litigant affirms the veracity of a signature stamp affixed to the informal instrument 
but denies that he has affixed the same to the instrument, he shall raise a claim of 
forgery.

Article (40)  
If the person against whom an informal instrument is presented denies that the handwriting, 
signature, signature stamp or fingerprint attributed to him is his, or his successor or representative denies the same or denies knowing of the  instrument, and the opposing party 
insisting on relying on the informal instrument which has a bearing on the dispute, and the facts and documents of the case are not sufficient to convince the court of the veracity of the 
handwriting, signature, signatur e stamp or fingerprint, then the court shall order verification 
by comparison and/or testimony of witnesses, pursuant to the rules and procedures stipulated in the present Law. However, witnesses may be heard only with respect to 
proving that the handwriting, signature, signature stamp or fingerprint has been affixed to 
the instrument.

Article (41)  
1. The court or supervising judge, as the case may be, shall schedule a date for the 
appearance of litigants to submit all written instruments in their possess ion for 
comparison and agree on those instruments serving this purpose. If the litigant who 
bears the burden of proof is absent, without an acceptable excuse, the court may rule 
that his right to prove his claim be forfeited If his opposing litigant is abs ent, the court  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   19 
 may deem the instruments submitted for comparison valid for comparison purposes.  
2. The litigant who challenges the veracity of the instrument shall appear in person to sit 
for a handwriting test on the scheduled date. If he abstains from appearing without an 
acceptable excuse or appears and abstains from sitting for the handwriting test, the court 
may adjudicate that the instrument is valid.

Article (42)  
1. If the litigants fail to agree on the instruments valid for comparison, only the following 
shall be admissible:  
a. Handwriting, signature, signature stamp or fingerprint affixed to formal 
instruments;  
b. Part of the instrument under investigation whose  accuracy is admitted by the 
opposing party;  
c. The litigant's handwriting or signature written by him or fingerprint affixed by 
him before the court; and  
d. Handwriting, signature, signature stamp or fingerprint affixed to ordinary instruments proved to b e attributed to the litigant.  
2. Denied handwriting, signature, signature stamp or fingerprint shall be compared to the 
handwriting, signature, signature stamp or fingerprint proved to be attributed to the 
party against whom the instrument under investigat ion is provided as evidence.

Article (43)  
1. In case that the court has decided the veracity of the whole instrument, the contesting party may be sentenced to a fine not less than (AED 3,000) three thousand dirhams and  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   20 
 not more than (AED 10,000) ten thou sand dirhams, without prejudice to the right of 
stakeholders to claim for compensation.  
2. The fine shall not be multiplied in case of multiple successors or deputies, and no one of 
them shall be fined if his denial is merely for his lack of knowledge.

Article (44)  
1. The claim of forgery may be raised whatever the status of the action is. The claimant of 
forgery shall specify all points of forgery alleged, his relevant evidence and the 
investigation procedures required to be followed for proving it. All of the above shall be 
stated in a memorandum to be submitted to the court, electronically filed or recorded in 
the electronic or paper transcript of the hearing.  
2. In case that the claim of forgery has a bearing on the dispute and the case facts and docu ments are not sufficient to convince the court of the veracity or forgery of the 
instrument, and the court deems that the investigation requested by the claimant of forgery has a bearing on the dispute and is admissible, the court shall order the same.  
3. The order of investigation into the claim of forgery shall be by way of comparison and/or hearing witnesses, in accordance with the rules and procedures set forth in this Part.

Article (45)  
1. The claimant of forgery shall deliver the instrument claimed to be forged, if it is in his 
possession, or its copy reported to him to the case management office. If he abstains 
from delivering the instrument or the copy thereof, as the case may be, his right to claim 
forgery shall be forfeited, and his claim shall n ot be admitted thereafter.  
2. If the instrument is in the litigant's possession, the court shall order him promptly deliver  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   21 
 the same to the case management office or order to seize and lodge it. If the litigant 
abstains from delivering the instrument and t he court could not seize it, it shall be 
deemed as not found, and the same shall not prevent the subsequent seizure thereof, if 
possible.  
3. In all cases, the judge presiding the hearing and the clerk shall sign the instrument before it is lodged with the case management office.

Article (46)  
1. The party who claims that an instrument is forged may withdraw his claim before the 
completion of the investigation procedures. He may not claim forgery of the instrument 
following such withdrawal.  
2. The party against whom the claim of forgery is raised may put an end to the procedures of investigation into the forgery, whatever the status of the procedures is, by waiving his 
insistence on the instrument claimed to be forged. In this case, the court may order eithe r 
to seize or retain the instrument if so requested by the person claiming forgery for a legitimate interest.

Article (47)  
The order to investigate into forgery shall stay the execution of the instrument claimed to be 
forged, without prejudice to the pre cautionary measures.

Article (48)  
Even in the absence of the claim of forgery, the court may decide the rejection and invalidity 
of any instrument if it becomes clear, in the light of its condition or the facts of the case, that  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   22 
 it is for ged. In such case, the court shall state in its judgment the circumstances and 
presumptions on which it depends to reach such conclusion.

Article (49)  
1. If the claim of forgery against the instrument is decided to be rejected or if the right of 
the part y claiming forgery to prove his claim is forfeited, the latter shall be sentenced to a 
fine not less than (AED 3,000) three thousand dirhams and not more than (AED 10,000) ten thousand dirhams, without prejudice to the stakeholders' right to claim for 
compensation.  
2. The claimant of forgery shall not be fined if he withdraws his claim before the 
investigation procedures thereof are concluded, unless it is proven to the court that he 
intends cause harm to his opposing party or delay the adjudication of the action.  
3. The claimant of forgery shall not be fined if part of his claim is proven to be true.  
4. If an instrument is established to be forged, the court shall refer the same together with 
the copies of the relevant transcripts to the Public Prosecution to take the necessary 
actions.

Article (50)  
Whoever apprehends that he may be protested against with a forged instrument may sue 
the party who holds or benefits from such instrument, in accordance with the procedures 
governing the institution of actions.  While hearing such action, the court shall take into 
account the rules and procedures set out in this Part.

Article (51)   
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   23 
 1. In cases where documentary evidence shall be allowed, documentary evidence may be 
replaced by judicial admission, assertory oath or the principle of documentary evidence supported by another means of proof, in matters where no particular provision is 
stipulated in this Law.  
2. The principle of documentary evidence shall be applicable to any writing by a litigant, 
which would make th e claimed act likely to exist.

Article (52)  
Without prejudice to the State's obligations under the int ernational conventions in force 
therein, the court may accept as evidence any paper or electronic instrument issued outside the State and endorsed by the competent authorities in the issuing state and the competent 
authorities in the State, unless contrary  to the public order.  
  
Part 4 Electronic Evidence

Article (53)  
Subject to the other legislation in force in the State, electronic evidence shall be any 
evidence derived from any data or information generated, stored, extracted, copied, 
transmitted, report ed or received via means of information technology on any medium, and 
which is retrievable in an understandable way.

Article (54)  
Electronic evidence shall include the following:  
1. Electronic record;   
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 2. Electronic instrument;  
3. Electronic signature;  
4. Electronic seal;  
5. Electronic correspondence, including emails;  
6. Modern means of communication;  
7. Electronic media; and  
8. Any other electronic evidence.

Article (55)  
Electronic evidence shall be subject to same provisions of the documentary evidence set 
forth in this Law.

Article (56)  
Formal electronic evidence shall have the same probative value as formal instruments if it fulfills the conditions set forth in Clause  (1) of article (24) of the present Law, including the 
documents automatically generated by electronic systems of public entities or entities 
entrusted with a public service.

Article (57)  
Informal electronic evidence shall be legally valid vis -à-vis the parties to the transaction in 
the following cases, unless otherwise is established:  
1. If it is issued according to the legislation in force in this regard;  
2. If it is generated from an electronic means set forth in the contract, subject of the dispute; o r  
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 3. If is generated from an electronic means which is authenticated or available to the 
public.

Article (58)  
The litigant who alleges the invalidity of the electronic evidence set out in Articles (56) and 
(57) of the present Law shall bear the burden of  proving his allegation.

Article (59)  
Save as otherwise provided in article (56) above, electronic evidence shall have the same 
probative value as informal instruments, pursuant to the provisions of this Law.

Article (60)  
Electronic evidence shall be produced in its original format or by any other electronic means. The court may request the production of its content in writing, as long as its nature so permits.

Article (61)  
If any of the litigants abstains from producing what is required by the court to verify the 
validity of the electronic evidence, without an acceptable excuse, his right to invoke the 
same shall be forfeited or it shall be legally valid vis -à-vis him, as the case may be.

Article (62)  
In case of failure  to verify the validity of the electronic evidence for a reason unattributed to 
the litigants, the court shall assess its probative value based on the circumstances of the  
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 case.

Article (63)  
1. Extracts of electronic evidence shall have the probative v alue prescribed for the 
electronic evidence itself, as far as such extracts are identical to its electronic record.  
2. The provision of Clause (1) of this Article shall apply to the extracts of electronic 
payment methods.

Article (64)  
Where no particular provision is provided in this Part, the provisions set forth in Part 3  of the 
present Law shall apply to electronic evidence, in so far as they do not contradict its 
electronic nature.  
  
Part 5 Testimony Evidence

Article (65)  
Unless oth erwise 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 indefinite shall be established in writing.  
2. Testimony evidence may not be established to prove the existence or termination of the 
transactions set forth in Clause (1) of this Article, unless otherwise stipulated in an 
agreement or a provision.   
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 3. An obligation shall be assessed in terms its value at the time of conducting th e 
transaction, without adding accessories to the original amount.  
4. If the action includes several claims arising from multiple sources, testimony evidence 
shall be allowed in every claim whose value does not exceed (AED 50,000) fifty 
thousand dirhams or the equivalent, even if the aggregate value of such claims exceeds 
such value, and even if they arose from relations between the litigants themselves or 
from transactions of the same nature.  
5. The value of the original obligation shall be the basis for pr oving partial fulfillment.

Article (67)  
Testimony evidence shall not be allowed even if the value does not exceed (AED 50,000) 
fifty thousand dirhams or the equivalent in the following cases:  
1. If the law stipulates that it shall be in writing in order to be legally valid or to be proved;  
2. If the claimed amount is the remaining amount or part of a right that may only be 
established in writing;  
3.  If it contradicts or exceeds what is included in a written electronic or paper proof; 
and  
4. If a litigant claims an amount that exceeds (AED 50,000) fifty thousand dirham, then 
he amends his claim to an amount not exceeding such value.

Article (68)  
Testimony evidence shall be allowed in cases that s hould have been proved in writing in the 
following cases:   
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 1. If the principle of documentary evidence, either electronic or paper, exists.  
2. If there is a material or moral impediment that hinders obtaining a written electronic 
or paper proof. In case of absence of any person who can write the instrument or in 
case that the person requesting testimony evidence is a third party not a party to the 
contract, this shall be deemed as a material impediment. Kinship between spouses or 
relationship by blood or mar riage shall be deemed as a moral impediment.  
3. If it is proved that the plaintiff has lost his electronic or paper written instrument for a reason beyond his control; and  
4. If the documentary evidence is challenged as containing matters prohibited by law  or 
contradicting the public order or morals.

Article (69)  
Testimony shall be given with regard to matters seen, witnessed or heard. Hearsay evidence 
shall not be admissible except with regard to matters that are often realized only through 
hearsay, such as: 
1. Death;  
2. Marriage;  
3. Divorce;  
4. Line of descent; and  
5. Endowment and testament.

Article (70)  
1. A person below the age of (15) fifteen years and a person who is immature shall not be eligible to testify.   
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 2. Statements of a person below the age of (15) fifteen years may be heard for the purpose 
of guidance only.

Article (71)  
1. Before giving testimony, the witness shall disclose any relationship with the parties to 
the action or any interest therein.  
2. A pe rson who uses testimony to ward off damage or realize an interest shall not be 
admitted. Moreover, the testimony given by ascendants for descendants, descendants 
for ascendants, one spouse for the other spouse, even after their separation, or custodians or  guardians for the person under custodianship or guardianship shall not be 
admitted.  
3. Employees, servants and persons in charge of a public service shall not, even after the 
termination of their employment, testify about information which may not be disc losed 
as authorized by the competent authority and may come to their knowledge during their employment, unless the competent authority authorizes them to testify at the request of 
the court or at the request of a litigant.

Article (72)  
1. A litigant who seeks to establish a fact by testimony of witnesses shall indicate the facts 
that he wants to establish and the number and names of witnesses in writing or verbally 
at the hearing.  
2. If the court or supervising judge, as the case may be, permits one of the litigants to 
establish a fact by testimony of witnesses, the opposing litigant has the right to disprove 
it by this means.   
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 3. The operative part of a judgment or decision that orders testimony evidence shall state 
every fact to be proved and the day on w hich the investigation shall commence.  
4. The court or the supervising judge, as the case may be, may , sua sponte  or at the request 
of a litigant, subpoena any person it deems necessary to hear his testimony to reveal the 
truth.

Article (73)  
If a litigan t fails to bring his witness or summon him to appear at the scheduled hearing, his 
right to testify shall be forfeited. However, the court or the supervising judge, as the case 
may be, may order to bring the witness or subpoena the witness to appear at ano ther 
hearing, without prejudice to any penalty established by the Law for such delay.

Article (74)  
1. If the witness refuses to appear in response to the call of the litigant, the court or the 
supervising judge, as the case may be, the said litigant or the case management office, as 
the case may be, shall summon him to give his testimony, at least twenty -four hours 
before the date scheduled for hearing his testimony, excluding distance delays. In urgent 
cases, such time limit may be shortened.  
2. If the witness is duly summoned to appear and fails to comply, the court or the 
supervising judge, as the case m ay be, may fine him an amount not less than (AED 
1,000) one thousand dirhams and not more than (AED 2,000) two thousand dirhams.  
3. If, after being fined, the witness fails to appear in the court, the court or the supervising 
judge, as the case may be, may  impose a second fine against him of not less than (AED 
2,000) two thousand dirhams and not more than (AED 10,000) ten thousand dirhams. If  
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 he remains unwilling to appear, the court may issue a subpoena against him.  
4. The decisions referred to in this Art icle shall be recorded at the hearing transcript and 
shall be non -appealable; however, the court or the supervising judge, as the case may be, 
may exempt the witness from the fine if he appears and furnishes an acceptable excuse.

Article (75)  
1. If the w itness appears and refuses to take the oath or abstains, without a legal excuse, 
from answering, he shall be sentenced to the penalty prescribed in the Penal Code.  
2. If the witness has an excuse preventing him from appearing in the court and his 
testimony  cannot be given via means of remote communication, the delegated or 
supervising judge, as the case may be, may relocate to him to hear his testimony.  
3. In case that the investigation takes place before the court, it may delegate one of its 
judges for hea ring the statements of the witness. The court or the delegated judge shall 
fix the date and place of hearing the witness's statements, and shall draw up a report to that effect to be signed by the delegated judge and the clerk.

Article (76)  
1. Testimony shall be given orally and may be given in writing with the permission of the 
court or the supervising judge, as the case may be.  
2. Testimony shall be given in the presence of litigants. Every witness shall be hear d in 
private without the presence of other witnesses who have not yet given testimony, except for considerable exigency. Defense witnesses shall be heard at the same hearing 
during which prosecution witnesses are heard, unless there is an impediment to the  
contrary. If the investigation is adjourned, the decision pronouncing the adjournment  
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 shall, in itself, serve as a subpoena to the present witnesses to appear at the next hearing, 
unless the court expressly exempted them from appearing.  
3. The court may p romptly hear the testimony of any witness present at its sole discretion, 
pursuant to the provisions of Clause (2) of this Article.  
4. The witness shall take the following oath: "I swear by Almighty God that I will tell the 
truth, the whole truth, and nothing but the truth". The oath shall be taken, at the witness 
request, according to the rules of his religion or belief.  
5. The absence of the litigant against whom the testimony is given shall not prevent the hearing of testimony, and he may review the witness hearing transcript.

Article (77)  
1. The court or the supervising judge, as the case may be, may hear the testimony of 
witnesses via means of remote communication. Every witness shall be privately heard, 
unless the same is impossible. The transcript s hall be signed by the judge and the clerk.  
2. During remote trials, if the testimony of witnesses is impossible to be heard via means of remote communication for any reason whatsoever, the competent court or the 
supervising judge shall order that the witne ss appear in person. The order so issued shall 
indicate the chamber before which the witness shall appear and the hearing date.

Article (78)  
1. Parties to the case or their attorneys may directly pose questions to the witness, provided that such question s are relevant to the case and useful for revealing the truth. The 
witness shall first answer the questions asked by the party who asked him to testify then the questions of the other party, and the party who questioned him first may question  
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 him again. On ce the party has completely examined the witness, the witness may be 
asked new questions only under the permission of the court.  
2. The litigant may examine the witness in order to show his bias towards, relationship or 
friendship with one of the parties, or his credibility or his interest in the ultimate 
outcome and result of the case in question and whether he has been convicted of a 
felony or a crime involving moral turpitude or breach of trust.  
3. In all cases, the witness may abstain from answering any  question where the underlying 
purpose of which is to make him confess a crime committed by him or to compel him to 
be a witness against himself.  
4. The court or the delegated or supervising judge may, either sua sponte  or upon a request 
by the litigant, p revent questions from being addressed to the witness if the same were 
irrelevant to the subject matter of the case, intended to needlessly prolong the litigation 
process or inadmissible on the grounds of being in violation of the laws of the State, 
public order or ethics. In all cases, the judge shall keep the witness protected from any 
gesture or statement, whether implicit or explicit, which may result in thought disorder or frighten or abuse him.  
5. The court or the delegated or supervising judge, as the  case may be, may directly address 
to the witness any questions deemed useful for revealing the truth. Testimony shall be 
given orally and no written testimony shall be admitted unless authorized by the court or 
the delegated or supervising judge and where  the case nature so requires. If the witness 
drops a particular matter that needs to be answered, the court or the delegated or 
supervising judge shall ask him about the same.

Article (79)   
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 If the testimonies of witnesses are contradictory, the court sh all admit such testimony to the 
extent that the court is satisfied that it is credible.

Article (80)  
Testimony shall be recorded in a transcript showing the details of the witness, his 
relationship with the litigants, the text of his testimony and his an swers to the questions 
addressed to him, and shall be read out to him. The witness shall sign the transcript. If the witness refuses to sign it, his refusal and the reason therefor shall be mentioned in the 
transcript.

Article (81)  
1. The litigant agains t whom the testimony is given may show to the court or the 
supervising judge, as the case may be, the matters that would invalidate the testimony of the witness, i.e. challenging the witness or his testimony, and the court shall assess the 
effect of the sa me on the testimony.  
2. The court or the supervising judge, as the case may be, may assess the fairness of 
witnesses in terms of their behavior and conduct and other circumstances of the case 
without the need for Tazkiyah (the mode of inquiry adopted by a court to satisfy itself as 
to the credibility of a witness) . The court may, where appropriate, use methods it deems 
appropriate to assess the fairness of witnesses.

Article (82)  
If the court or the supervising judge, as the case may be, finds, in the cou rse of the 
proceedings or upon rendering a judgment on the merits, that the witness has given false  
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 testimony, a report to that effect shall be drawn up and referred to the Public Prosecution for 
necessary actions.

Article (83)  
1. Whoever fears to lose t he opportunity for having a witness testify in respect of a matter 
not yet brought before the court but is likely to be brought subsequently, may raise a motion, vis -à-vis all parties involved, that this witness be heard. The motion shall be 
raised in a paper or electronic format on summary proceedings to the competent court, in accordance with the governing procedures. In case of necessity, the court shall hear the testimony of the witness where the incident in question is one that may be 
established by wa y of witness testimony.  
2. The court may hear defense witnesses, based on the other litigant's request, to such an 
extent required by the urgency of the case.  
3. Other than the above -mentioned matters, the governing rules and procedures shall 
apply to the testimony. In this case, a copy of the testimony hearing report may neither 
be delivered nor be submitted to the court unless the trial court, while considering the 
same, decides that the incident in question can be proven by way of witness testimony. 
In addition, the litigant may object before this court as to the admission of such evidence, 
and may request hearing defense witnesses in his own favor.

Article (84)  
Witnesses shall not suffer any harm. The court or supervising judge, as the case may be, shall prevent any attempt to frighten or influence witnesses while giving their testimony.  
   
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Article (85)  
The court or supervising judge, as the case may be, shall, at  the request of the witness, assess 
the transportation costs and compensation for time spent by the witness. The court shall 
determine, where appropriate, the amount prescribed for the witness's expenses and the 
litigant entrusted with depositing the amount, which shall be incurred by the losing party, 
except in case of proportionate loss, where each litigant shall incur the same in proportion to 
his loss. The court shall state the same in the judgment rendered on the subject matter of the 
action.  
  
Part 6 Presumptions and Res Judicata Evidence

Article (86) 
1. Presumption established by law relieves the person in whose favor such a presumption was established from the need for any other means of evidence; however, such 
presumption may be rebutted by any othe r means of evidence, unless otherwise 
stipulated.  
2. The court may infer other presumptions for the purpose of evidence in the cases where 
the testimony evidence is allowed, and shall indicate the significance thereof.  
3. The court may use scientific means  to infer presumptions.

Article (87) 
Subject to the provisions set forth in the Code of Civil Procedure, judgments and judicial 
decisions terminating the litigation as well as payment orders that have res judicata shall be 
binding with respect to the litigation settled thereby, and no evidence that would rebut such 
binding force shall be admissible. However, such judgments and judicial decisions  
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 terminating the litigation or payment orders shall not have such binding force, except in a 
dispute arising between the same litigants themselves without changing their capacities and where such dispute relates to the same right in terms of object and cause. The court shall, 
sua sponte , decide such binding force.

Article (88) 
The court shall not be bound by the penal judgment on the case pending before it, except in 
the facts adjudicated by such judgment and such adjudication is essential. However, the 
court shall not be bound by the judgment of acquittal, except if it relies on denying that the 
facts are attributed to the convict.  
  
Part 7 Custom Evidence

Article (89) 
As for matters where no particular provision or an agreement between the parties is 
provided herein, and without prejudice to the public order, custom or norm al practice 
among the litigants may be used as evidence.

Article (90) 
1. A litigant who relies on custom and normal practice among litigants as evidence shall 
establish the existence thereof at the time of the incident.  
2. Any litigant may challenge the establishment of custom and normal practice among 
litigants, and may rebut the same by stronger evidence.  
   
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Article (91) 
In case of conflict, normal practice among litigants shall prevail and special custom shall 
have priority over general custom.

Article (92) 
The court may, where appropriate, assign an expert to verify the establishment of custom and normal practice among  litigants, pursuant to the provisions set forth in Part X of the 
present Law.  
  
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 litigant may administer the assertory oath to his opposing party pursuant to the 
provisions set out in this Part.  
2. A suppletory oath is an oath taken by a litigant to complete evidence. A suppletory oath may not be administered to the opposing party pursuant to the provisions set out in this 
Part .

Article (94) 
1. Either litigant may administer the assertory oath to the other litigant whatever the status 
of the action is, provided that the incident regarding which the oath is administered shall relate to the person to whom the oath is administere d. If such merit is not personal, the 
oath shall relate to the person's mere awareness thereof. However, the judge may  
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 prevent the administration of oath if the litigant administers the oath in an abusive 
manner.  
2. The litigant to whom the assertory oath is administered may defer it to his opposing 
party; however, the oath may not be deferred if it relates to an event not involving, but 
only the litigant to whom the oath is administered shall take the oath.  
3. The litigant who administers or defers the ass ertory oath may not recede if the opposing 
party agrees to take the oath.

Article (95) 
1. The person taking the oath shall have the capacity to act in the matter for which he takes 
the oath.  
2. An oath may not be taken by proxy; however, administration of the oath, acceptance to take the oath, abstaining from taking the oath and deferral of the oath may be made 
under a special power of attorney.

Article (96) 
1. The oath shall be taken if the pe rson taking the same says, "I swear by the Almighty God 
to say all the truth, the whole truth and nothing but the truth". The oath shall, at the request of the person taking the oath, be taken according to his religion or belief.  
2. The oath shall be taken  as per the wording approved by the court.

Article (97) 
1. An oath may not be administered in relation to any incident contrary to public order.  
2. The court shall refuse administration of an oath if it does not relate to the action, has no  
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 bearing on ev idence or is not admissible, and the court may also refuse administration of 
the same if the litigant administers the same in an abusive manner.

Article (98) 
1. If a plaintiff fails to establish evidence and request his opposing party to take the oath, h e 
shall take the oath. If he refuses to take the oath, the oath shall be deferred to the 
plaintiff at request of the defendant. If the plaintiff refuses to take the oath deferred 
thereto, his action will be dismissed.  
2. The oath shall not be deferred if it relates to a fact only known by the defendant who shall be sentenced if he refuses to take the oath.  
3. A plaintiff may request his opposing party to take the oath, unless the action is 
adjudicated by a final judgment.  
4. The party who administers or defers the oath may not withdraw the same if the opposing party agrees to take the oath.

Article (99) 
The litigant may not prove the false oath after the oath is taken by the opposing party to whom the oath was administere d or deferred. However, if an oath is proved to be false 
under a penal judgment, the injured litigant may claim for compensation, without prejudice to any right he may have to challenge the judgment rendered against him due to the false oath.

Article (100) 
A custodian, guardian, endowment administrator and the like may administer the oath,  
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 abstain from taking the oath or defer the oath in relation to the authorized matters. The 
assertory oath shall be administered to them on the matters carried out by the m.

Article (101) 
The party administering the oath to his opposing party shall indicate precisely the incidents 
regarding which the oath is to be taken and the wording of the oath shall be clearly stated. 
The court may amend the wording of the oath in suc h a manner as to show clearly and 
precisely the incident regarding which the oath is to be taken.

Article (102) 
The oath shall be taken in the presence of the party requesting to administer it unless he decides not to attend the hearing at which the oath  with be taken or fails to attend though 
he knows the date of the hearing.

Article (103) 
1. The party who is subpoenaed to appear before the court to take the oath shall appear.  
2. If the party to whom the oath is administered appears in person and does not challenge its admissibility or its relevance to the lawsuit, he shall take the oath immediately or 
defer it to his opposing party; otherwise, he shall be deemed to have declined t he oath. If 
he fails to appear without an excuse, he shall be deemed to have declined the oath.  
3. If the party to whom the oath is administered appears in person and challenges its 
admissibility or its relevance to the lawsuit, he shall indicate the same.  If the court is not 
satisfied of the same, he shall take the oath, otherwise, he shall be deemed to have 
declined the oath.   
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Article (104) 
1. If there are several persons taking the oath, several oaths shall be taken, unless they 
share one right or they are satisfied with one oath.  
2. If there are several parties to whom the oath is administered, several oaths shall be taken.  
3. The court may rely on only one oath if there are several requests.

Article (105) 
1. The judge may, sua sponte  and whatever th e status of the action is, administer the 
suppletory oath to either litigant to base thereon its judgment on the subject matter of 
the action or the value subject of the judgment, provided that the action does not have 
complete evidence nor shall it be void of any evidence.  
2. The litigant to whom such suppletory oath is administered may not defer it to the 
opposing party.

Article (106) 
The suppletory oath shall be taken by custodians, guardians, endowment administrators 
and the like on matters carried ou t by them.  
  
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, decide to inspect the disputed object. The court shall include in the  
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 inspection decision the date, place and method of inspection. The court may delegate 
one of its judges to carry out such inspection or delegate an expert to move and carry out 
the inspection. The absent litigant shall be notified at least (24) twenty -four hours before 
the scheduled date. A report shall be drawn up to indicate all the functions related to the 
inspection.  
2. The court or the supervising judge, as the case may be, may delegate an expert to 
provide assistance in the inspection. The court may hear the testimony of any witnesses 
deemed appropriate to be heard and they shall be subpoenaed to appear through a 
request, even verbal, to be addressed by th e clerk.

Article (108) 
1. Whoever fears the loss of the distinguishing features of an incident, which may become 
disputable before courts, may request its inspection and establishment of its current 
status and submit a statement of claim for summary proc eedings to the competent court 
according to the governing procedures. The inspection and establishment of the current status shall be made pursuant to the provisions of article (107) of the present Law.  
2. Where a summary proceeding is instituted, the cour t may delegate an expert to move, 
carry out inspection and hear the statements of witnesses he deems necessary. The court shall schedule a hearing to hear the litigants' comments on the expert's report and 
functions, in accordance with the rules set out in  Part 10 of the present Law.  
  
Part 10 Experts

Article (109) 
1. The court or supervising judge, as the case may be, may, sua sponte  or at a litigant's  
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 request, decide to assign one or more expert(s) selected from the civil servants or 
experts, or assign a local or international consulting firm enrolled in the roll of experts, pursuant to the laws in force in this regard, in order to solicit their opinion on technical 
matters required for adjudicating the case.  
2. When selecting an expert, his technical knowledge and expertise shall be appropriate for the subject matter of the dispute.  
3. If the litigants agree on selecting one or more expert(s), the court shall approve their 
agreement.

Article (110) 
If the expert  is not enrolled in the roll of experts, he shall take an oath, before the entity 
assigning him, whether the court or the supervising judge, as the case may be, that he will carry out his task faithfully and honestly; otherwise, his task will be null and v oid. The 
appearance of the litigants when the expert takes oath is not required. There shall be drawn up a record of oath -taking which shall be signed by the judge and kept in the case file.

Article (111) 
The operative part of the expert assignment decis ion shall include a detailed description of 
his task and powers, the date scheduled for filing the report, the hearing scheduled to consider the report, whether or not it is filed, and the urgent measures he is authorized to 
take.

Article (112) 
1. The court shall, where appropriate, fix the amount to be paid to the expert, identify the  
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 litigant liable to deposit such amount and set a time limit for the same.  
2. Where such litigant fails to deposit the amount to be paid to the expert within the time 
limit,  the other litigant may deposit the same, without prejudice to his right to recourse 
against his opposing party.  
3. If neither litigant deposits the amount, the court may decide to suspend the case for a 
non -renewable period not exceeding one month until t he deposit is made, as long as the 
adjudication thereof is pending on the expert's report, or the litigant's right to revoke the 
assignment decision is decided to be forfeited if the court deems that the excuses 
provided thereby are unacceptable.

Article (113) 
Before performing the task, the expert shall disclose any relationship with the parties to the 
case or any interest he has therein. If the expert fails to make such disclosure, the court shall 
decide to remove him and order him to refund the amounts  he has received, and the 
judgment shall be final and non- appealable, without prejudice to the disciplinary penalties 
and the right of stakeholders to claim compensation from him.

Article (114)  
1. Either litigant may request to disqualify the expert if a reason pertaining to him makes it 
probable that he will be unable to perform his task impartially. In particular, the expert may be disqualified if he is a relative or an in- law of one of the litigants up to the fourth 
degree; an  attorney -in-fact of any litigant in his private business; a custodian or guardian 
of any litigant or an endowment administrator or the like; works for one of the litigants; 
or has outstanding litigation with one of the litigants unless such litigation arises after  
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 the appointment of the expert with the intent of disqualifying him.  
2. A motion for disqualification may not be accepted by the litigant who called the expert at 
his choice, unless the reason for disqualification has occurred following his assign ment. 
In all cases, a motion for disqualification may not be admitted after closing the pleading.  
3. The expert shall be notified of the disqualification motion filed against him, and shall be 
given a time limit not exceeding (2) business days to respond t hereto.  
4. The court or the supervising judge, as the case may be, shall decide on the 
disqualification motion within (3) business days from the date of submission of the 
expert's response or from the expiry of the time limit prescribed for giving the resp onse. 
The judgment rendered in the motion shall be final and non -appealable.

Article (115)  
In order to perform his task, the expert may:  
1. Hear the statements and comments of litigants, and any person whose statements 
are required if so authorized by th e assignment decision;  
2. Request the litigants or other persons to deliver or grant him access to books, records, documents, papers or stuff he deems necessary to perform his task; and  
3. Inspect facilities, places and objects required to be inspected to perform his task.

Article (116)  
1. No person shall abstain, without legal justification, from enabling the expert to perform his task, pursuant to the provisions of article (115) of the present Law. In this case, the 
expert shall refer the matter to the court, which may decide what it deems appropriate, 
including obligating the abstainer even by coercive force where required.  
2. The expert shall report to the court or supervising judge, as the case may be, if his task is  
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 hindered by an obstacle which prevented him from pursuing his task or if the task 
requires wider scope, and in which case the court shall decide what it deems app ropriate.

Article (117)  
1. The expert shall draw up a report on his work, which shall include the following:  
a. A description of the task entrusted to him according to the assignment decision;  
b. The functions carried out by him in detail and the stateme nts of litigants and 
other persons, along with the documents and evidence provided thereby and the 
technical analysis thereof;  
c. Opinions of experts whose assistance is sought; and  
d. The result of his work, his technical opinion and the grounds he relied  on 
precisely and clearly.  
2. In case of multiple experts, they shall draw up one report. If their opinions are different, they shall mention in the report their respective opinions and the grounds therefor.

Article (118) 
1. If the expert fails to carry out his task without an acceptable excuse, performs it 
negligently or files the report beyond the scheduled date, without justification, he shall 
be served a notice within a time limit not exceeding (5) five business days from the 
same. If he fails to resp onse within the said time limit, the court shall disqualify him and 
order him to refund the amounts he has received, without prejudice to the disciplinary 
penalties and the right of stakeholders to claim compensation from him.  
2. The decision disqualifying  the expert and obliging him to refund the amounts he has  
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 received shall be final and non -appealable.  
3. If the court or supervising judge, as the case may be, finds that the delay is caused by one 
of the litigants fault, it shall order such litigant to pay a fine of not less than (AED 3,000) 
three thousand dirhams and not more than (AED 10,000) ten thousand dirhams, and 
may rule that his right to rely on the expert assignment decision be forfeited.

Article (119) 
1. The expert shall lodge with the case management office his paper or electronic report, 
which shall be signed by him and which shall contain the information referred to in article (116) of the present Law.  
2. Before filing his final report, the expert shall deliver to the litigants a copy of his initial 
report and grant them a time limit of not less than (3) three business days for receiving 
their respective comments and observations on his initial report and responding to the 
same within (5) five business d ays. He shall also submit his final report to the court or 
supervising judge according to the rules set forth in Clause (1) of this Article, and shall send a copy of such final report to the litigants within the (3) three business days 
following the fillin g of the report.  
3. The parties shall not file new objections to the expert report after being filed by the 
expert with the court unless such objections are novel and based on evidence that could 
not occur except after the expert report is filed with the c ourt.

Article (120) 
If the expert's task is completed, he shall return all papers, documents or other stuff he has received within (10) ten business days from the task completion date. In case of his  
Federal  Decree – Law No. (35) of 2022 Promulgating  the Law of  Evidence in Civil and Commercial Transactions   49 
 abstention, without and acceptable excuse, he shall be  ordered by the court to hand over 
what he has received and to pay a fine of not more than (AED 10,000) ten thousand 
dirhams. The court's judgment shall be final and non- appealable.

Article (121)  
The court or the supervising judge, as the case may be, may, sua sponte  or at a litigant's 
request, at any stage of proceedings, take any of the following actions:  
1. Summon the expert at a hearing scheduled by the court to discuss his report, either orally or in writing, and may ask him any questions, as it deem s appropriate;  
2. Allow the litigants to discuss the expert;  
3. Order the expert to correct deficiencies in his work and address shortcomings or errors detected by the court which may assign one or more expert(s) to jointly work 
with the previously assigne d expert; and  
4. Assign another expert or experts to correc t deficiencies in the previous expert's work 
and address shortcomings or errors detected therein or re -consider the matter in 
question. The new expert assigned by the court may use the previous expert's information.

Article (122) 
1. The litigants may, ev en before the action is instituted, agree to accept the result of the 
expert's report and the court shall rely on their agreement, unless the report includes items contrary to the public order.  
2. Without prejudice to the provision of Clause (1) of this Ar ticle, the expert's opinion shall 
not be binding on the court. If the court does not rely on the expert's opinion in whole or  
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 in part, it shall indicate the reasons therefor in its judgment.  
3. If the court does not rely on the expert's report, in whole or  in part, due to the expert's 
negligence or fault, it may order him to return all or some of stuff he has received, as the 
case may be, without prejudice to the disciplinary penalties and the right of stakeholders 
to claim compensations from him.

Article (123) 
The litigant who loses the claim, the subject matter of the expert's testimony, shall incur the 
amount prescribed for the expert, unless the loss is proportionate where every litigant shall incur the same on a pro rata basis. The court shall indicat e the same in the judgment on the 
subject matter of the action.

Article (124) 
1. Notwithstanding the procedures regulating the profession of experts, the court or 
supervising judge, as the case may be, may, based on a decision to be recorded in the 
hearing transcript, assign an expert to orally express his opinion on a simple technical matter that do not require a prolonged or complicated work, and the court may decide 
that the opinion shall be given in writing.  
2. The court or the supervising judge, as the case may be, may schedule in the decision the 
date of the hearing at which the expert will provide his opinion orally or the time limit 
within which the written opinion shall be provided.

Article (125) 
The court  may rely on an expert's report submitted in another case instead of seeking  
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 assistance of an expert in the case, without prejudice to the litigants' right to discuss the 
matters set out in this report.