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Litigation and procedure · Legal glossary

Burden of proofIn Arabic: عبء الإثبات

Definition

The burden of proof decides which party must prove a disputed fact. The starting rule is that the claimant proves the claim.

How it varies across the GCC

In Saudi Arabia the claimant must prove what it claims, the defendant may rebut what was proved, and the judge may not decide on personal knowledge (Law of Evidence, article 2).

The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.

Sources

Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.

  1. Saudi Law of Evidence, art. 2https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/2716057c-c097-4bad-8e1e-ae1400c678d5/1

Related template

Statement of claim template

The claim is where the claimant sets out the facts it has to prove. The template does not allocate the burden. That is the evidence law of the court.

Open the statement of claim template

The statement of defence is where the defendant denies those facts. It does not move the burden by itself.

Open the statement of defence template

Related terms

  • Decisive oathاليمين الحاسمة
  • Statement of claimصحيفة الدعوى
  • Statement of defenceمذكرة الدفاع
All glossary terms

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General information, not legal advice.

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