As a general rule, a witness gives testimony orally and directly before the court, subject to specific requirements, most notably legal capacity and impartiality. The testimony must be free of any personal interest. Testimony affected by such an interest is known as testimony given in pursuit of a personal benefit.
The Law of Civil Procedure, issued by Royal Decree No. M/1 dated 22/01/1435 AH, addressed testimony in Chapter Five of Part Nine, Articles 121 to 127. Those provisions did not regulate written testimony, leaving judges discretion to accept testimony based on its substance without requiring a prescribed form.
The new Law of Evidence, issued by Royal Decree No. M/43 dated 26/05/1443 AH, introduced detailed rules governing the formal particulars required in written testimony to support its reliability before the courts.
Article 80 of the Procedural Guide to the Law of Evidence sets out conditions for accepting written testimony. In particular, the witness must write and sign it, and it must include the particulars specified in Article 74 of the Guide. Those particulars include the witness's name, date of birth, connection to the parties and other information.
When these conditions are met, written testimony is admissible before the Courts of First Instance and the Courts of Appeal, making it a strong and influential form of evidence in a case. If the required formal particulars are missing, the testimony loses its legal effect and will not be accepted by the court. The witness may nevertheless testify orally before the court, allowing the court to assess the testimony by its content and significance.
