Article 122 of the Saudi Law of Evidence
المادة 122 من نظام الإثبات · الباب العاشر: الخبرة
The article provides that the party who lost the claim that was the subject of the expert opinion bears the amount fixed for it, and with a partial loss each party bears it in proportion to his loss, as the court states in its judgment on the merits.
Official text (Arabic)
This article has not been amended since the law was issued.
يتحمل الخصم الذي خسر المطالبة محل الخبرة المبلغ المقرر للخبرة، إلا إذا كانت الخسارة نسبية فيتحمل كل من الخصوم بقدر خسارته، وتبين المحكمة ذلك في الحكم الصادر في موضوع الدعوى.
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 122 explained in plain English
This article answers a practical question that recurs in cases in which an expert is appointed: who in the end bears the amount fixed for the expert opinion?
- The rule: the amount fixed for the expert opinion is borne by the party who lost the claim that was the subject of the expert opinion. What counts is the outcome of the claim for which the expert was appointed.
- Partial loss: if the loss is partial, that is, each side won part of the claim that was the subject of the expert opinion and lost part, each party bears part of the expert amount in proportion to his loss.
- Stating this in the judgment: the court sets out the allocation of this amount in the judgment on the merits of the case.
Note that the article ties the burden specifically to the claim that was the subject of the expert opinion, not necessarily to the whole case; a case may include several claims and the expert may be appointed for only some of them.
Connected to it is Article 121, which provides that the expert's opinion does not bind the court unless the parties agree to accept its result, and allows the court to order a negligent or mistaken expert to return all or part of what he received. Article 123 also allows the court to appoint an expert to give an oral opinion on a simple technical matter.
The article does not set the amount of the expert's fees or how they are assessed; it only determines who bears them in the end. Anyone who wants to estimate what he might bear in a particular case may consult a lawyer who specializes in litigation and procedure.
Practical example
Ahmed sued a workshop in Riyadh claiming compensation for the wrong repair of his car, and the court appointed a technical expert to assess the damage. The court concluded that Ahmed was entitled to only half of what he claimed, so the loss was partial, and the court allocated the amount fixed for the expert opinion between the two parties in its judgment in proportion to each one's loss.
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 122 of the Saudi Law of Evidence
Who pays the expert's fees in a case?
The amount fixed for the expert opinion is borne by the party who lost the claim that was the subject of the expert opinion, and the court states this in the judgment on the merits.
What if each side wins part of the claim?
If the loss is partial, each party bears part of the expert amount in proportion to his loss.
Does the article set the amount of the expert's fees?
No. The article only determines who bears the amount fixed for the expert opinion, and does not address its amount or how it is assessed.
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.