Saudi Arabia is witnessing many changes in its judicial and legal systems. Among the most significant and positive is the reform and codification of litigation procedures.
This article will touch on one of the most important pillars of litigation: the procedures for gathering evidence, and the updates and amendments that have occurred.
Currently, the law allows parties in a dispute to agree on a procedure for gathering evidence. Under this system, the litigant shoulders the burden of proof.
Any such agreement must include the identification of evidence or a specific form of proof, assessment of the expertise procedures and the acceptance of the result of an expert’s report.
However, in some cases, such agreements are not taken into consideration by a court. It will notify the litigants, when necessary, of why it has rejected the procedure and the consequences.
The law now permits the use of modern technology in evidentiary procedures, including artificial intelligence.
Such evidence must be obtained from the digital tool stipulated in the evidence agreement.
Its submission must be accompanied by a statement of its type and its content. Moreover, the litigant must provide the content of the digital evidence in writing — if its nature allows.
In the event of a dispute with the opponent, the digital evidence must be presented in an original form that the court can access directly. In all cases, the provider must keep it in its original form.
Finally, at the discretion of the court, an expert can be hired to verify and certify the digital evidence submitted.
• Dimah Talal Al-Sharif is a Saudi legal consultant, head of the health law department at the law firm of Majed Garoub and a member of the International Association of Lawyers. Twitter: @dimah_alsharif
