Article 22 of the Saudi Law of Evidence
المادة 22 من نظام الإثبات · الفصل الثاني: استجواب الخصوم
The representative of a person lacking or having limited capacity is interrogated, a discerning person may be questioned on matters he is authorized to handle, and a legal person is interrogated through its legal representative, provided he has capacity to deal with the disputed right.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كان الخصم عديم الأهلية أو ناقصها فيستجوب من ينوب عنه، ويجوز للمحكمة مناقشته هو إن كان مميزاً في الأمور المأذون له فيها، ويكون استجواب الشخص ذي الصفة الاعتبارية عن طريق من يمثله نظاماً. وفي جميع الأحوال يشترط أن يكون المراد استجوابه أهلاً للتصرف في الحق المتنازع فيه.
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 22 explained in plain English
This article shows who is interrogated when the party is not a natural person with full capacity:
- A person lacking capacity or having limited capacity: the person who represents him is interrogated. The court may nevertheless question the party himself if he is discerning, on matters he is authorized to handle.
- A legal person such as a company: it is interrogated through the person who legally represents it.
The article sets a condition in all cases: the person to be interrogated must have capacity to deal with the disputed right. It is not enough that he be a representative or agent; he must have capacity to deal with that right.
The article is linked to Article 21, which allows the court to order a party to appear to be interrogated and requires him to attend, and shows the effect of failing to attend or refusing to answer without excuse, and to Article 23, which provides that the answer is given at the same session unless the court sees fit to give a date for it, and that it is given in the presence of the one who requested the interrogation, without the interrogation depending on his attendance.
In practical terms, if your opponent is a company, the interrogation is through the person who legally represents it. To identify the person to be interrogated in your case, it is advisable to consult a lawyer specializing in commercial and company cases or in civil cases.
Practical example
A customer sued a contracting company in Riyadh over a delay in delivering his project, and asked for the company to be interrogated. The interrogation is through the person who legally represents the company, and he must have capacity to deal with the disputed right.
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 22 of the Saudi Law of Evidence
How is a company interrogated?
Through the person who legally represents it, provided he has capacity to deal with the disputed right.
Who is interrogated if the party has limited capacity?
The person who represents him is interrogated, and the court may question the party himself if he is discerning, on matters he is authorized to handle.
What is the general condition for the person interrogated?
That he has capacity to deal with the disputed right.
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.