Article 20 of the Saudi Law of Evidence
المادة 20 من نظام الإثبات · الفصل الثاني: استجواب الخصوم
The court, of its own motion or at a party's request, may interrogate parties who are present, and each party may interrogate his opponent directly.
Official text (Arabic)
This article has not been amended since the law was issued.
1- للمحكمة -من تلقاء نفسها أو بناء على طلب أحد الخصوم- أن تستجوب من يكون حاضراً من الخصوم.
2- لأي من الخصوم استجواب خصمه مباشرة.
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 20 explained in plain English
This article regulates the interrogation of parties, that is, putting questions to one of the parties to the case, and provides two rights:
- Interrogation by the court: the court may interrogate those of the parties who are present, either of its own motion without a request from anyone, or at the request of a party.
- A party interrogating his opponent: any party may interrogate his opponent directly.
Paragraph 1 speaks of a party who is present. A party who is not present is dealt with in Article 21, which allows the court, of its own motion or at the request of a party, to order the party to appear to be interrogated, and requires him to attend the session set for that purpose. If he fails to attend without an acceptable excuse or refuses to answer without a recognized justification, the court draws from this what it sees fit, and may accept proof by witnesses and presumptions in cases where that is not permitted.
The article is also linked to Article 19, which provides that a non-judicial admission is proved in accordance with the provisions of the law, and may not be proved by testimony except in cases where proof by testimony is permitted.
In practical terms, a party can ask the court to interrogate his opponent who is present, or can interrogate him directly. To prepare suitable questions it is advisable to use a lawyer specializing in civil and commercial cases.
Practical example
In a case between two partners in a business in Jeddah over the distribution of profits, both parties attended the session. One asked the court to interrogate his partner about amounts he had withdrawn from the business account. The court may interrogate him, and the requesting partner may also interrogate his opponent directly.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 20 of Law of Evidence?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Civil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributor
Unwan Law Firm
Frequently asked questions about Article 20 of the Saudi Law of Evidence
Do I have the right to interrogate my opponent?
Yes. The article provides that any party may interrogate his opponent directly.
Does the court interrogate a party without a request?
Yes. The court may interrogate those of the parties who are present, of its own motion or at the request of a party.
More articles on Admission and Questioning of Parties
- Article 11
Admission, interrogation, testimony and the oath take place before the court, which may move or assign a judge if that is not possible, and delegates the court of the place of residence if evidence cannot be taken electronically.
1- تكون إجراءات الإثبات من إقرار أو استجواب أو أداء للشهادة أو اليمين أمام المحكمة، فإن تعذر فللمحكمة أن تنتقل أو تكلف أحد قضاتها بذلك. 2- إذا كان المقر أو المس
- Article 14
An admission is judicial if the opponent acknowledges before the court a fact alleged against him during a case relating to it, and non-judicial if it was not made before the court or was made in another case.
1- يكون الإقرار قضائياً إذا اعترف الخصم أمام المحكمة بواقعة مدعى بها عليه، وذلك أثناء السير في دعوى متعلقة بهذه الواقعة. 2- يكون الإقرار غير قضائي إذا لم يقع أم
- Article 15
The person making an admission must have capacity to deal with what he admitted; a discerning minor's admission is valid to the extent of his authorization, as is a guardian's, executor's or waqf administrator's within the limits of their authority.
1- يشترط أن يكون المقر أهلاً للتصرف فيما أقر به. 2- يصح إقرار الصغير المميز المأذون له في البيع والشراء بقدر ما أذن له فيه. 3- يصح الإقرار من الوصي أو الولي أو
- Article 16
An admission may be express or implied, oral or written, and is not accepted if the apparent position contradicts it.
1- يكون الإقرار صراحة أو دلالة، باللفظ أو بالكتابة. 2- لا يقبل الإقرار إذا كذبه ظاهر الحال.
- Article 17
A judicial admission is conclusive proof against the person making it, and its effect is confined to him alone and not to others.
الإقرار القضائي حجة قاطعة على المقر، وقاصرة عليه.
- Article 18
The person making an admission is bound by it and may not retract it, and an admission is not divided against him unless it concerns several facts, none of which necessarily implies the existence of another.
1- يلزم المقر بإقراره، ولا يقبل رجوعه عنه. 2- لا يتجزأ الإقرار على صاحبه، إلا إذا انصب على وقائع متعددة، وكان وجود واقعة منها لا يستلزم حتماً وجود الوقائع الأخر
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.