As a general rule, testimony is given orally and directly before the court by the witness. The witness must meet specific conditions, most notably legal capacity and impartiality, and the testimony must be free of personal interest. Testimony affected by personal interest is known as ‘testimony that brings a 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 through 127. Those provisions did not regulate written testimony, leaving judges discretion to accept testimony according to its subject matter without prescribing a particular form.
The new Law of Evidence, issued by Royal Decree No. M/43 dated 26/05/1443 AH, introduced detailed regulation of the formal information required in written testimony, supporting its reliability before the courts.
Article 80 of the Implementing Evidence Guide sets conditions for accepting written testimony. The witness must prepare and sign it, and it must include the information specified in Article 74 of the Guide. That information includes the witness's name, date of birth, relationship to the parties, and other stated details.
When these requirements are met, written testimony may be accepted before courts of first instance and courts of appeal, making it a powerful and influential element in a case. If the required formal information is missing, the testimony loses its legal effect and is not accepted by the court. The witness may nevertheless give oral testimony, preserving the court's role in assessing its content and importance.
