Evidence is the backbone of any lawsuit. Without it, claims remain baseless assertions, and the course of justice becomes a labyrinth of doubt. It is the tool litigants use to persuade the court of the veracity of their claims, serving as the bridge between abstract facts and a fair judicial ruling.
As stipulated in Article 1 of the UAE Law of Evidence, the burden of proof rests with the plaintiff: "The plaintiff shall prove his right, and the defendant shall disprove it." This fundamental legal principle reinforces the idea that rights are not granted merely by claim; they must be substantiated with conclusive and relevant evidence.
The methods of proof are diverse, and their probative value varies. Below is a presentation of the most prominent of these methods, relied upon by litigants and legal professionals alike:
1. Written Evidence (Documentary Evidence)
Written evidence is considered the most powerful and essential method of proof, holding the highest standing in terms of strength and authority. It includes everything documented in writing, whether it is official evidence such as notarized contracts, court judgments, or deeds issued by a competent public official, or customary evidence such as contracts signed between individuals without official notarization, invoices, and letters.
Probative Value: Official written evidence can only be challenged on the grounds of forgery, whereas customary evidence can be challenged by denial or disavowal, but it remains a strong proof if its authenticity is established.
2. Witness Testimony
Witness testimony is the account of a person regarding what they saw, heard, or perceived with their senses concerning the facts of the lawsuit. It is used to prove material facts. However, the law places restrictions on its use to prove legal dispositions that exceed a certain value (which is often determined by the laws of evidence), and a written document cannot be contradicted by testimony.
Probative Value: Testimony is subject to the court’s discretion, which assesses the witness's credibility and the circumstances of their testimony. The court may accept or disregard it.
3. Presumptions
A presumption is the court's inference of an unknown fact from a known fact.
Presumptions are divided into two types:
- Legal Presumptions: These are explicitly stated in the law, such as the presumption of liability for the custodian of an object for the damage it causes. These presumptions can be either conclusive (not open to rebuttal) or rebuttable (open to contrary proof).
- Judicial Presumptions: These are inferred by the judge themselves from the circumstances and context of the lawsuit, such as a judge inferring the existence of an employment relationship from recurring financial transfers between two parties. Their probative value depends entirely on the judge's conviction.
4. Admission
An admission is the acknowledgment by a litigant of a right against them or a fact attributed to them. An admission can be judicial (made before the court) or extra-judicial (made outside of court). A judicial admission is considered conclusive proof against the admitting party, and they may not retract it unless they prove it was a result of mistake or fraud.
Probative Value: A judicial admission is considered conclusive proof against the party who made it.
5. Inspection and Expert Opinion
Inspection: This is a method the judge resorts to personally or by commissioning an expert to examine a specific object or location, such as inspecting a disputed property.
Expert Opinion: This is a method a judge uses when the lawsuit requires technical or scientific information that the judge does not possess, such as assessing the value of damages or examining documents to verify their authenticity. The expert’s report is not binding on the judge, but it is often relied upon in issuing a judgment.
6. The Oath
There are two types of oaths:
- Decisive Oath: As we discussed yesterday, this is an oath directed by one litigant to the other to resolve a dispute. The party must swear to the truth or falsity of a specific fact. It is binding on the party to whom it is directed.
- Supplementary Oath: This is an oath directed by the court to a litigant to complete incomplete evidence. It is not decisive in resolving the dispute.
In conclusion, understanding and skillfully using these methods is a legal art in itself. They are not merely technical tools; they are the means through which the truth is revealed, justice is served, and every rightful person obtains their due. The lawyer's mastery of employing the appropriate evidence at the right time is the key to a successful lawsuit and achieving its desired outcome.
For more information or legal support, contact Al Safar and Partners in Downtown Dubai, UAE, today on 0527583267 - [email protected] - /
Written By: Mr. Mohammad Ezzelarab - Partner and Head of Litigation at Al Safar and Partners Law Firm.