Controls of the Electronic Evidentiary Procedures

The following words, wherever mentioned in these controls, shall have the meanings indicated before them, unless the context requires otherwise:

Law: The Law of Evidence.

Manuals: Procedural Manuals of the Law of Evidence.

Controls: Controls of Electronic Evidentiary Procedures.

The provisions of Article (10) of the Law shall apply to any evidentiary procedures taken electronically, including what is taken during the preparation of the case, with the competent circuit, or at the pre-registration stage when decided by the Law.

Conducting the evidentiary procedure electronically does not prejudice the fulfillment of any requirements related to the evidentiary procedures stipulated in the law, and the relevant Laws, including dates and data.

When conducting any evidentiary procedure electronically, it must be by means of approved electronic systems.

No person may initiate any of the evidentiary procedures electronically except by means of his personal account that is registered in the approved electronic systems.

In the case of conducting evidentiary procedure electronically, verification and authentication of the procedure shall be by means of the unified national access service, or one of the approved electronic means of verification.

Where no special provision is made, and subject to  what stipulated in the Law and the manuals regarding the submission of evidence proof, the electronic submission of evidence shall be through the approved electronic procedure, and any evidence submitted through any procedure that is not allocated to it shall not be taken into account.

The evidence submitted electronically shall be saved in the state of which it was submitted, and all related documents shall be made available to the litigants.

The proceedings of the hearing at which the evidentiary procedure was conducted shall be saved electronically, including questioning, hearing testimony and taking the oath, and their content shall be recorded in the minutes, and the court may refer to them at any stage of the proceedings.

The court shall verifies the identity of the person and the absence of any effect on the procedure when conducting the evidentiary procedures electronically, and if it appears otherwise, it may take whatever it deems appropriate.

In the case of questioning, hearing testimony or taking an oath electronically, the following shall be observed:

1- To take place in the session verbally and directly.

2- The interrogator, the witness or the oath must look towards the camera lens, and not talk to anyone outside the session until it is over.

3- To apply what is stipulated in Article (12) of the Law, if the interrogator, the witness, who will make the oath, is mute or those of similar status.

1- Subject to what is stipulated in Article (7) of the controls, when submitting a copy of the official or ordinary document electronically, it must be complete and clear, and arranged according to the order of the original.

2- Any document submitted electronically shall not be considered if it is found to be unclear, incomplete or inaccessible due to a violation of the approved electronic procedure.

In cases where it is necessary to match the document on its original in accordance with the provisions of the law and the manuals, the court may conduct the matching electronically.

The other digital means -in which the digital evidence may be submitted electronically stipulated in Article (60) of the Law in case is submitted electronically- shall include any digital means that allows the submission of the evidence and its verification if necessary.

If the digital evidence is submitted electronically and the provisions of the law and manuals require verification, the verification procedure shall be conducted electronically.

When hearing the testimony electronically, the procedures stipulated in the law and manuals shall be complied with, including the following:

1- The testimony of each witness shall be heard separately, except for a significant requirement.

2- The litigants shall be allowed to hear the testimony directly, and to direct questions of the witnesses electronically.

Subject to Article (74) of the Law and Article (80) of the manuals, the procedures mentioned in Article (12) of the controls shall apply to the submission of the electronically written testimony.

If the testimony is heard electronically, the witness’s request to estimate the expenses of his relocation and disruption shall not be accepted.

The court may conduct the inspection electronically.

Expertise procedures may be conducted electronically, including the following:

1- Procedures for the appointment and selection of the expert.

2- Inform the expert of the assignment decision.

3- Request expert dismissal.

4- Filing the experience report.

5- Discussion of the expert in his report.

The expert may initiate any of the expert procedures electronically, including hearing the statements of the litigants and others, and viewing the documents and papers. It  shall be conducted through the approved electronic systems.

All procedures for expertise in simple technical matters may be conducted electronically.

Where no special provision is made, the electronic procedures prescribed in the pleading procedure shall be applied to the electronic evidentiary procedures, in a manner that does not contradict the nature of the evidence.

The competent department shall prepare the work procedures and forms necessary to enforce these controls, including the conformation and verification procedures mentioned in Articles (13) and (15) of these controls.