Article 113 of the Saudi Law of Evidence
المادة 113 من نظام الإثبات · الباب العاشر: الخبرة
The article requires the expert, before starting his task, to disclose any relationship with the parties to the case or any interest in it, failing which the court removes him and orders him to return sums received, by a final judgment.
Official text (Arabic)
This article has not been amended since the law was issued.
يجب على الخبير قبل مباشرته المهمة أن يفصح عن أي علاقة له بأطراف الدعوى أو أي مصلحة له فيها، فإن أخل بذلك حكمت المحكمة بعزله وبرد ما تسلمه من مبالغ. ويكون الحكم نهائياً غير قابل للاعتراض، وذلك دون إخلال بالجزاءات التأديبية وبحق ذوي الشأن في الرجوع عليه بالتعويضات.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 113 explained in plain English
This article provides a safeguard for the expert's impartiality, by requiring him to disclose before he begins his work.
The duty of disclosure: the expert must, before starting the task, disclose:
- Any relationship he has with the parties to the case.
- Any interest he has in the case.
The penalty for breach: if the expert breaches this duty:
- The court rules for his removal.
- And rules that he return the sums he received.
- The judgment is final and not open to objection.
This does not prevent two other things: imposing disciplinary penalties on the expert, and the right of those concerned to claim compensation from him. The article does not specify the type of these penalties or the amount of compensation.
The article is connected to Article 114, which allows any party to request the recusal of the expert if there is a reason making it likely he cannot perform his task impartially, such as kinship or working for one of the parties. So disclosure is a duty of the expert, and recusal is a right of the parties. It is also connected to Article 112, which governs the deposit of the amount fixed for the expert opinion, which is among the sums the expert may be required to return.
A person who discovers that the expert in his case has a relationship with his opponent that he did not disclose is advised to consult a lawyer who specializes in litigation and civil matters to learn the steps available.
Practical example
An engineer was appointed as expert in a dispute between a building owner and a contractor in Makkah, and did not disclose that he was a former partner of the contractor in an ongoing project. When this came to light, the court ruled for his removal and the return of the sums he had received, and the owner kept the right to claim compensation if he suffered harm.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 113 of the Saudi Law of Evidence
Must the expert disclose his relationship with one of the parties?
Yes. Before starting the task, he must disclose any relationship with the parties to the case or any interest in it.
What is the penalty for an expert who did not disclose his interest?
The court rules for his removal and the return of the sums he received, without prejudice to disciplinary penalties and the right of those concerned to compensation.
Can the judgment removing the expert be objected to in this case?
No. The judgment is final and not open to objection.
More articles on Inspection and Expert Opinion
- Article 91
The article allows the court, where necessary, to appoint an expert to verify that a custom or usual course of dealing between the parties exists, in accordance with the provisions on expert opinion in Part Ten of the Law.
للمحكمة عند الاقتضاء ندب خبير للتحقق من ثبوت العرف أو العادة بين الخصوم، وفقاً للأحكام المقررة في الباب (العاشر) من هذا النظام.
- Article 108
The article allows the court, of its own motion or at a party's request, to order an inspection of the matter in dispute, with notice to an absent party at least 24 hours before, and to use an expert and hear witnesses.
1- للمحكمة -من تلقاء نفسها أو بناء على طلب أحد الخصوم- أن تقرر معاينة المتنازع فيه، وتحدد في قرار المعاينة تاريخها ومكانها، ويبلغ به من كان غائباً من الخصوم قبل
- Article 109
The article allows a person who fears the features of a fact that may become disputed will be lost to request its inspection and the recording of its condition by an urgent claim, with the possible appointment of an expert and a hearing set for the parties' comments on his report.
1- يجوز لمن يخشى ضياع معالم واقعة يحتمل أن تصبح محل نزاع أمام القضاء أن يطلب معاينتها وإثبات حالتها، ويقدم الطلب بدعوى مستعجلة للمحكمة المختصة وفقاً للإجراءات ا
- Article 110
The article allows the court, of its own motion or at a party's request, to appoint one or more experts to give an opinion on technical matters, with expertise suited to the subject, and to approve the parties' agreement on an expert.
1- للمحكمة -من تلقاء نفسها أو بناء على طلب أحد الخصوم- أن تقرر ندب خبير أو أكثر؛ لإبداء رأيه في المسائل الفنية التي يستلزمها الفصل في الدعوى. 2- يراعى في اختيار
- Article 111
The article requires the operative part of the order appointing an expert to state precisely his task, his powers, and the urgent measures he is authorized to take.
يجب أن يتضمن منطوق قرار ندب الخبير بياناً دقيقاً بمهمته، وصلاحياته، والتدابير العاجلة التي يؤذن له في اتخاذها.
- Article 112
The article governs the court's setting of the expert fee amount, the party required to deposit it and the deadline, the other party's option to deposit with a right of recourse, and the effect of neither party depositing.
1- تحدد المحكمة -عند الاقتضاء- المبلغ المقرر للخبرة، والخصم المكلف بإيداع المبلغ وتعين أجلاً لذلك. 2- إذا لم يودع الخصم المكلف المبلغ المقرر للخبرة في الأجل الم
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.