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Litigation and procedure · Legal glossary

Decisive oathIn Arabic: اليمين الحاسمة

Definition

The decisive oath is an oath the defendant takes to defeat the claim. It may be referred back to the claimant.

It is not the supplementary oath, which the court directs to complete evidence that is still short.

How it varies across the GCC

The Saudi Law of Evidence defines the decisive oath and the supplementary oath in article 92. The oath stands in for a writing where the law requires written proof, as article 51 of the same law provides.

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. 92, 51https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/2716057c-c097-4bad-8e1e-ae1400c678d5/1

Related template

Statement of claim template

The oath is taken in the case, not written into the claim form. The template is the claim that starts the case.

Open the statement of claim template

The defendant directs the oath, or returns it, in the defence. The memorandum records that request. It does not administer the oath.

Open the statement of defence template

Related terms

  • Burden of proofعبء الإثبات
  • Statement of defenceمذكرة الدفاع
  • Statement of claimصحيفة الدعوى
All glossary terms

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General information, not legal advice.

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