UAE Evidence Law

Evidence in a layman’s language means proof. It establishes suitable and appropriate facts through spoken words, exhibits and documents. Evidence can corroborate a fact relevant to the matter under inquiry.

What is the Law of Evidence?

The rules and legal principles that oversee the proof of facts in a judicial proceeding are called the Law of Evidence. Evidence Law is the basic principle administering the procedural regulations related to the proof and presentation of the facts using the testimony of a witness (oral or written), exhibits (physical objects), or documents to prove or negate the claim of the dispute.

The rules of Evidence Law differ in criminal casescivil cases, or domestic cases, and the rules also vary by territory and jurisdiction.

The need for Evidence Law

In case of civil, criminal, or a domestic lawsuit between two parties, Evidence Law establishes essential rules and regulations to administer admissibility, authenticity, and relevancy of the given evidence in the court proceedings to administer swift, fair and complete justice.

The judgment issued by the court in any lawsuit is based on finding truth in the evidence by adhering to the proper judicial proceedings.

UAE Evidence Law

National Emirati Legislation relies on the Law of Evidence to adjudicate a civil, criminal, or domestic lawsuit. As per the Law of Evidence, a plaintiff or a defendant must submit evidence to support their claim.

UAE Evidence law states fundamental points such as the subject of evidence, comprehensive rules of proof, and the circumstances/situation of the incident to be proven. Any litigant presenting the evidence in a court of law must be aware of their right and responsibilities related to the evidence. The UAE Court of Law protects the person submitting the truthful evidence while punishing the one forging or concealing the evidence to misguide the tribunal and sabotage the fair decision.

Legal framework

The following legislative structure governs UAE Evidence Law:

  1. The Civil Procedure Code (UAE Law Number 11 of 1992, as amended)
  2. The Civil Code (UAE Law Number 5 of 1985, as amended)
  3. The Evidence Law (UAE Law Number 10 of 1992, as amended)
  4. Provisions of the Electronic Transactions Law (UAE Law Number 1 of 2006, as amended)

In case of civil and commercial disputes, the Evidence Law (federal law number (10) of 1992) decrees the plaintiff to prove his right and the defendant to disprove it. The court of law governs the evidence procedure and adjudicates the dispute based on the Evidence Law. Suppose there is nothing relevant to the Evidence Law in a particular case, then the judge shall decide based on the Islamic shari’ah law.

Methods to provide evidence

UAE Evidence Law stipulates the legally established methods of the proof to be placed before the judicial bench, such as:

1. Written Evidence: Written evidence is any evidence in writing to prove the legal act or the legal fact. It is a key tool by which the litigating party can establish an argument with what it claims before the judiciary. Written evidence can be any material like documents, reports, letters, correspondence, notices, forms, agreements, affidavits, memoranda, books of accounts, emails, etc., as evidence to prove the claim in a judicial trial. The three types of written evidence are:

  • Official statements or documents issued by a public official as per the current legal conditions. These documents should be genuine and have signatures, seals, and fingerprints of the relevant parties.
  • The customary documents include the seal, signature, stamp, and fingerprint of the person from whom they were issued. These documents are an argument against the other party if they don’t deny it.
  • Unsigned documents that aren’t considered evidence except in some cases.

Unless the document’s authenticity is challenged by the opposing party or questioned by the court, it is considered legitimate. Documents can be defied based on signatures, seals, stamps, or originality. The court has the authority to verify signatures, solicit legal or government expert support, or summon witness testimony to affirm the authenticity of the documents. Electronic Transaction Law governs the legitimacy of the electronic record.

2. Presumptions: It is presumption when the law or judge concludes on the premise of known facts to perceive an unknown fact. Such presumptions are assumed to be true unless they are disproved. Presumptions are of two types. The first, legal presumptions, are the facts believed to be true under the law. For example, a person who has been missing for the last seven years or more is presumed to be dead for all legal purposes. The second one is judicial presumptions, whereby the judge draws inferences based on the circumstances of the case and the evidence.

3. Testimony: Testimony means a formal written or spoken statement given in a court of law. When a witness discloses or proclaims, specific facts known to him to the judiciary is called a testimony.

The oldest form of evidence, witness testimony, is a statement of what a person saw or knows. This declaration can be truthful or corrupted. The UAE evidence law has a procedure related to witness testimony in the court but doesn’t have a process to test the veracity of the testimony. Federal law number 10 of 1992 of the Law of Evidence prescribes that the complainant must prove his claim with appropriate deposition while the accused can negate the claim with apposite evidence. The witness’s testimony plays an essential part in identifying the innocent and guilty parties and serving fair justice to the litigants.

4. Acknowledgment: An acknowledgment is defined as accepting the truth or a legal declaration of one’s act. If a litigating party admits or agrees to the other party’s allegations during the trial in the court of law, this admission is called judicial acknowledgment. However, if the admission occurs outside the court of law, such an admission is called extrajudicial admission.

5. Oath: An oath is defined as a solemn, spoken pledge to the god in the court of law to tell, attest or affirm the truth. A witness swearing the oath shall make a statement or declaration about what he beholds and believes to be true morally and ethically.

The civil transaction law (Article 117) states that the evidence is on the plaintiff while the oath is on the defendant, who denies the evidence. In civil cases, a party may propose the oath to the other party while the other party can tender it back. When the opposing party agrees to be sworn by the oath, the party tendering the oath may not withdraw. The judge may disapprove of granting the oath if the party proposes the oath frivolously. If a witness denies swearing an oath or declines testifying or answering after swearing the oath, he shall be subject to penalty.

In criminal cases, not swearing an oath shall nullify the testimony of a witness.

6. Inspection and experience: A tribunal may assign any of its judges to survey, inspect and examine the subject matter or the object of the litigation. The delegation for investigation may be voluntary or upon the request of one of the litigating parties. The deputed judge shall make a detailed report to mention the facts discovered upon the inspection.

7. Expertise: The court may appoint one or more specialists to have their perspective and opinion on crucial matters for determining the case’s verdict. A government official or a legal expert is assigned the job. The representative expert evaluates the documents, meets and discusses the case with disputing parties, and may visit their premises. Based on his investigation and observation, the expert prepares the report to the best of his knowledge and submits it to the court. The court relies on the report to identify and understand the expert issues and decide a plan of action based on the report’s conclusions and recommendations.

Conditions for substantiating evidence

UAE Evidence Law states that to prove litigation, one must implement rules and procedures for the evidence to be considered correct. The conditions for the litigation to be proven are:

  • There is an ambiguity about the contract- when a contract doesn’t indicate what it is.
  • Conflict of duty or right – when parties to the contract disagree about a particular right, privilege, or power.
  • Irrelevant facts are unacceptable- the facts to be proven must be admissible and tend to prove or disapprove the dispute in the proceeding.
  • Incidents that are permissible to prove – any incident that disrupts the public order is barred from litigation.


The Law of Evidence is one of the essential laws of the UAE. Evidence law prescribes the manner of presenting the evidence, sets the qualifications and the privilege of witnesses, and an approach to examining them.

It is of utmost importance to furnish a matter of fact to a legal tribunal, in a civil or a criminal lawsuit. Without evidence, any allegation or demand in a court of law is regarded as baseless. Our legal advisors can help you bring together the evidence through legally established methods to convince the UAE court of law of the facts and proofs. Our legal experts also prepare for any cross-examination from the competent tribunal and the opposing party. We endeavour to use every tooth and nail to achieve results in favour of our client.

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