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28 November 2023

16 Jumaadaa al-Oulaa 1445

CIVIL AND COMMERCIAL PROCEDURE LAW - Law No. 13 of 1990

Law Summary Record Type: LawNumber: 13Date: 17/06/1990 Corresponding to 24/11/1410 HijriNumber of Articles: 580Status: In force

Official Gazette :Issue: 13Offcial Journal Issue Publication Date: 01/01/1990 Corresponding to 04/06/1410 HijriPage from: 2967

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Chapter Three: Request for Ordering a Party to Produce Exhibits at his Disposal

228 Article

In the following cases, one party may request that that the other party is ordered to submit any exhibits or processed papers in his possession:
1. If his claim for submitting or handing over the exhibits is allowed by law;
2. If it is a joint exhibit between him and his opponent. An exhibit shall be considered to be joint in particular if it serves the interest of both disputing parties, or if it confirms their mutual obligations and rights;
3. If the litigant considers the exhibit essential for him at any time in the course of the court proceedings.
The application shall clarify:
1. The description of the exhibit;
2. Contents of the exhibit to be specified in a way that explains them;
3. The occurrence associated therewith;
4. The evidence and circumstances which indicate that the exhibit is in possession of the litigant;
5. The reason for obliging the said party to submit it.
The aforementioned application shall not be accepted if the said provisions are not complied with.
229 Article

If the truth of his claim is established by the applicant, or if the other party to the dispute admits that the exhibit or the paper is in his possession or if he remains silent, the court shall order that the exhibit or the paper be presented immediately or at the earliest time the court may determine. However, if the applicant fails to submit adequate evidence to the court in support of his claim, or if the litigant denies possessing the exhibit or paper, the latter shall state an oath that the said exhibit or paper does not exist, that he has no knowledge of its whereabouts, that he is not hiding it, or has he failed to search for it in order to prevent his opponent from using it as evidence.
230 Article

If the litigant fails to submit the exhibit or paper at the time determined by the court or if he abstains from making the aforesaid oath, a photocopy of the exhibit or the paper submitted by the applicant shall be deemed a true copy. However, if the other party has failed to provide a photocopy of the exhibit, his statement related to the form and subject of the exhibit may be accepted.
231 Article

If the litigant submitted an exhibit to be used as evidence during proceedings, he may not withdraw it without the consent of the other party unless the court grants a written permission to this effect, after keeping a copy of it in the case file signed by the office of the Registry of the court to authenticate it as a true copy.
232 Article

While the lawsuit is in progress, even if it is before the court of appeal, the court may allow the admission of a third party and order him to produce an exhibit in his possession under such circumstances and subject to such terms and conditions as provided for in the preceding Articles.
233 Article

Anyone who possesses an exhibit shall commit himself to show whoever claims to have an entitlement related to this exhibit, if inspection of this exhibit is necessary to decide on the claimed entitlement as far as its existence and duration are concerned. If the matter pertains to documents or other papers, the judge shall order them to be shown to the parties concerned and the court when it deems that appropriate, even if this is in favor of a person who does not intend to use it as a basis of proof for an entitlement. The judge may not issue an order to show an exhibit if the person who showed it has a legitimate interest to abstain from doing so. Showing an exhibit shall occur in the place where it existed at the time an application to this effect was made, unless the judge designates another place. The applicant shall pay the related expenses in advance. The judge may suspend showing the exhibit until a security is paid to guarantee a compensation for the person who possessed the exhibit for any damage sustained due to the exhibiting.