Evidence Law and Experts

First of all, we need to understand about the Evidence, that what is an Evidence indeed. Evidence is a piece of information, which has to be submitted or presented by each party whenever it is required or either party whenever it is required, on the order of the court. The evidence is a powerful support to win a court case. Court Cases can be won and lost if there is an absence of Evidence Law.

Federal Law 10 of 1992 throws the light and explains the Evidence for Civil matters and Cases. This is also called as Evidence Law. UAE also drafted the Evidence Law like other countries where it was made sure that nothing could be left behind. This law defines the rules and procedures, how evidence is presented in court, what is a verbal witness, what is written evidence, what is expert evidence etc.

Civil Legal System is implemented in all the Emirates of United Arab Emirates. UAE follows a Civil Legal Infrastructure, Civil Law and Court systems, where appointed judges conduct hearings and give the verdicts. Few Free Zones like DIFC, ADGM etc they have their own Civil legal framework to deal with the matters and cases inside the free zone. For Example, DIFC courts etc.

Evidence Law makes it obligatory that the plaintiff or the complainant has to bring the evidence to support its narrative in the case and the defender has to prove this false. It is to be noted that Evidence must be fully relevant and related to a court case. If the time of court with the interest of the court is diverted with false evidence, then the court can also file the case against the party who brings the evidence.

Experts

There are certain matters where the court might ask for an expert opinion. These experts, who are professional experts, have to register themselves, with MOJ. MOJ means Ministry of Justice. As per Article 3, an expert has to be good in communication, have professional behaviour, and much more around professional mannerism. A professional degree, with experience, is required. Experience must be Seven years after the professional education.

Experts, when asked by the court then he has to check all the matter, check accounts, analyse the entire event and prepare the report. The report is submitted to the court. Experts are also held accountable if they are found dishonest while preparing and submitting the report. An expert is kind of a separate and neutral party and this is how he or she has to perform. As per Article 90, the court’s final verdict can also contradict the expert report.

The expert is a court-appointed expert so he has to be working separately. He cannot support a single party or the party of his choice. These experts can also be hired by any party if they have to prepare an expert report, so they could submit to the police department for filing a criminal case. For police complaints and public prosecution hearings, now the experts reports are mostly demanded. Local UAE National Lawyers are well connected with, these experts and service providers.