We, Qaboos bin Said, the Sultan of Oman
after perusal of the Basic Statute of the State issued by Royal Decree 101/96,
and the Civil and Commercial Procedures Law issued by Royal Decree 29/2002,
and in pursuance of public interest,
have decreed as follows
Article I
The provisions of the attached Law of Evidence in Civil and Commercial Transactions hereby apply.
Article II
All that is contrary to the attached law, or in conflict with its provisions, is hereby repealed.
Article III
This decree must be published in the Official Gazette, and comes into force three months after the date of its publication.
Issued on: 11 Jumada Al-Awwal 1429
Corresponding to: 17 May 2008
Qaboos bin Said
Sultan of Oman
Published in Official Gazette 864 issued on 1 June 2008.
The Law of Evidence in Civil and Commercial Transactions
Part One
General Provisions
Article 1
The claimant has the burden of proving the obligation, and the defendant has the burden of proving his discharge from it.
Article 2
The judge shall not rule on the basis of his personal knowledge.
Article 3
The facts to be proved must be relevant to the lawsuit, material to it, and admissible.
Article 4
Judgments issued on evidentiary procedures need not state their reasons unless they include a conclusive ruling.
Article 5
If the court rules to carry out an evidentiary procedure, or delegates one of its judges to do so, it shall specify in the judgment the date of the first hearing for carrying out the procedure, and the secretariat shall serve the absent litigants with it. The president of the circuit shall appoint, when necessary, a replacement for the delegated judge.
Article 6
Whenever the completion of the procedure requires more than one date, the day and hour to which it is adjourned must be stated in the minutes, and the pronouncement of the decision is considered a service to the litigants of the new date.
The delegated judge shall state, in the minutes of the last hearing of the evidentiary procedure delegated to him, the day he specifies for the consideration of the lawsuit before the court, and the secretariat shall serve the absent litigants with this.
Article 7
Incidental matters relating to evidentiary procedures must be submitted to the delegated judge, and those not submitted to him must not be presented to the court.
The decisions issued by the delegated judge on these matters are enforceable, and the litigants have the right to present them again to the court when the lawsuit is considered, unless the law stipulates otherwise.
Article 8
The court may, by a decision recorded in the minutes of the hearing, revoke the evidentiary procedures it has ordered, provided that it states the reasons for the revocation in the minutes, unless the revocation relates to a procedure it undertook of its own initiative without a request from the litigants.
The court may disregard the result of an evidentiary procedure, provided that it states the reasons for this in its judgment.
Article 9
If the judge does not find a text in this law, he shall rule in accordance with the general rules of Islamic Sharia.
Part Two
Written Evidence
Chapter One
Official Documents
Article 10
Official documents are those in which a public official or a person entrusted with a public service records matters that took place at his hands or those he received from the concerned parties, in accordance with the legal requirements and within the limits of his authority and mandate.
If these documents do not acquire official status, they have only the value of private documents, provided that the concerned parties have signed them with their signatures, seals, or fingerprints.
Article 11
Official documents are evidence against all persons of matters recorded in them on issues carried out by their author within the limits of his task, or that took place from the concerned parties in his presence, unless they are proved to be forged by the means prescribed by law.
As for statements or acknowledgements made by the concerned parties, their inaccuracy may be proved by the ordinary means in accordance with the general rules.
Article 12
If the original of the official document exists, its official copy, whether handwritten or a photocopy, is evidence to the extent that it conforms to the original.
The copy is considered to conform to the original, and if one of the two parties disputes this, the copy must be compared with the original.
Article 13
If the original of the official document does not exist, copies are evidence within the following limits:
(a) The original official copy, whether an enforcement copy or not, has the evidentiary force of the original, provided that its external appearance does not allow doubt as to its conformity with the original.
(b) Official copies taken from original copies have the same evidentiary force, and either party may request that they be compared with the original copies from which they were taken.
(c) Official copies taken from copies of the original copies are not to be relies upon except for guidance only.
Article 14
The judge has the discretion to assess the evidentiary force of the information contained in certificates and extracts taken from official documents.
Chapter Two
Private Documents
Article 15
Private documents are considered to have been issued by the person who signed them unless he expressly denies the handwriting, signature, seal, or fingerprint attributed to him. As for the heir or the successor, he is not required to deny, and it is sufficient for him to take an oath that he does not know that the handwriting, signature, seal, or fingerprint is that of the person from whom he acquired the right.
Nevertheless, whoever has discussed the substance of the document shall not deny the handwriting, signature, seal, or fingerprint attributed to him, or invoke his lack of knowledge that any of these was issued by the person from whom he acquired the right.
Copies of private documents have no evidentiary force in proof except to the extent that they lead to the original.
Article 16
Private documents are not evidence against third parties as to their date except from the time they have a fixed date, and the date of the document is fixed:
(a) From the day it is recorded in the register prepared for this purpose.
(b) From the day a competent public official annotates it.
(c) From the day its content is recorded in another document with a fixed date.
(d) From the day of the death of one of those who have a recognised mark of handwriting, signature, or fingerprint on the document, or from the day it becomes impossible for one of them to write or to place his fingerprint due to a bodily impairment.
(e) From the day of the occurrence of any other event that is conclusive as to the document having been issued before its occurrence.
Nevertheless, the court may, depending on the circumstances, not apply the provision of this article to receipts and commercial papers.
Article 17
Signed letters have the value of a private document in proof, and telegrams also have this value if their original deposited at the office of dispatch is signed by the sender. The telegram is considered to conform to its original until the contrary is proved. If the original of the telegram does not exist, it is not to be relied upon except for guidance only.
Article 18
Household books and papers are not evidence against the person from whom they were issued except in the following two cases:
(a) If he expressly states in them that he has collected his debt.
(b) If he expressly states in them that he intended, by what he recorded, that it stand in place of an instrument for the person in whose favour a right is established.
Article 19
An annotation by the creditor on the debt instrument, in his handwriting and without his signature, indicating the discharge of the debtor is considered evidence against him until the contrary is proved. Such an annotation by the creditor is also evidence against him even if it is neither in his handwriting nor signed by him, as long as the instrument has never left his possession.
The same applies if the creditor records, in his handwriting and without his signature, what indicates the discharge of the debtor in another original copy of the instrument or in a receipt, and the copy or the receipt is in the possession of the debtor.
Chapter Three
Request to Compel the Litigant to Produce Documents in His Possession
Article 20
A litigant may request that his opponent be compelled to produce any documents material to the lawsuit that are in his possession in the following cases:
(a) If the law permits demanding their production or delivery.
(b) If they are common between him and his opponent. The document is considered common in particular if it is in the interest of both litigants or if it establishes their mutual obligations and rights.
(c) If his opponent relied on it at any stage of the lawsuit.
The request must state the description of the document, its content in as much detail as possible, the fact for which it is cited as evidence, the indications and circumstances supporting its being in the possession of the opponent, and the grounds for compelling the opponent to produce it.
Article 21
If the applicant proves his request, and the opponent acknowledges that the document is in his possession or remains silent, the court shall order the production of the document immediately or at the nearest date it specifies.
If sufficient proof of the validity of the request is not submitted to the court, and the opponent denies the existence of the document, this opponent shall take an oath that the document does not exist, or that he does not know of its existence or its location, and that he has not concealed it nor neglected to search for it in order to deprive his opponent of relying on it as evidence.
If the opponent does not produce the document at the date specified by the court, or refuses to take the oath, the copy of the document produced by the applicant is considered accurate and a true copy of its original, and if he has not produced a copy of the document, his statements regarding its form and content may be accepted.
Article 22
The court may, during the course of the lawsuit, even before a court of second instance, permit the inclusion of a third party to compel him to produce a document in his possession or an official copy of it, in the cases and subject to the provisions and requirements stipulated in the preceding articles.
The court may also—even of its own initiative—request any administrative entity to produce in writing the information and papers it holds that are necessary for the progress of the lawsuit, unless this would prejudice the public interest.
Article 23
If a litigant produces a document to rely upon as evidence in the lawsuit, he shall not withdraw it without the consent of his opponent, except with the written permission of the judge or the president of the circuit, after a copy of it is kept in the lawsuit file, endorsed by the secretariat as a true copy of the original.
Chapter Four
Proof of the Authenticity of Documents
Section One
General Provisions
Article 24
The court has the discretion to assess the effect of erasures, deletions, insertions, and other physical defects in the document in nullifying or reducing its value in proof.
If the authenticity of the document is in doubt in the view of the court, it may—of its own initiative—summon the official from whom it was issued or the person who drew it up to state what clarifies the truth of the matter in it.
Article 25
The claim of forgery may be raised against official and private documents. As for the denial of handwriting, seal, signature, or fingerprint, it is permitted to raise it only against private documents, and whoever claims forgery has the burden of proving his claim.
As for whoever denies that the private document was issued by him, or takes an oath that he does not know that it was issued by the person from whom he acquired the right, his opponent has the burden of proving that it was issued by him or by his predecessor.
If the litigant acknowledges the authenticity of the seal affixed to the private document but denies that he affixed it, he shall follow the path of the claim of forgery.
Section Two
Denial of Handwriting, Signature, Seal, or Fingerprint and Verification of Handwriting
Article 26
If the person against whom the document is adduced denies his handwriting, signature, seal, or fingerprint, or the successor takes an oath that he does not know that it was issued by the person from whom he acquired the right, and the other litigant continues to rely on the document, and the document is material to the dispute, and the facts and documents of the lawsuit are not sufficient to satisfy the court as to the authenticity of the handwriting, signature, seal, or fingerprint, the court shall order an investigation by comparison, by hearing witnesses, or by both.
The comparison must be conducted in accordance with the rules prescribed for the work of experts, and the hearing of witnesses must take place in accordance with the rules prescribed for the testimony of witnesses. Their testimony is not heard except in relation to proving that the writing, signature, seal, or fingerprint on the document to be verified was made by the person to whom it is attributed.
Article 27
The court shall fix a hearing for the litigants to appear in order to produce the documents they hold for comparison, to agree on those suitable for this purpose, and for a handwriting specimen to be taken from the litigant who disputes the authenticity of the document. If the litigant who disputes the authenticity of the document refuses, without an acceptable excuse, to appear in person to give a handwriting specimen, the document may be ruled authentic. If the litigant charged with the burden of proof fails to appear without an acceptable excuse, his right to proof may be ruled forfeited, and if his opponent fails to appear, the documents produced for comparison may be considered suitable for it.
The president of the hearing shall order that the document to be verified, the comparison documents, and the handwriting specimens be deposited with the secretariat after they are signed by him and by the secretary. Minutes must be drawn up stating the condition of the document to be verified and its description, and these minutes must be signed by the president of the hearing and the secretary.
Article 28
The comparison of the denied handwriting, signature, seal, or fingerprint must be made against what is established as the handwriting, signature, seal, or fingerprint of the person against whom the document to be verified is adduced.
In the absence of agreement between the litigants, only the following are admissible for comparison:
(a) The handwriting, signature, seal, or fingerprint placed on official documents.
(b) The part of the document to be verified whose authenticity the litigant acknowledges.
(c) The handwriting or signature of the litigant that he writes before the court, or the fingerprint that he places before it.
Article 29
The court shall not rule by a single judgment on the authenticity of the document, its rejection, or the forfeiture of the right to prove its authenticity and on the subject matter of the lawsuit. If the court rules on the authenticity of the document, its rejection, or the forfeiture of the right to prove its authenticity, it shall fix the nearest hearing before ruling on the subject matter for the litigants to present any other aspects of their defence.
Section Three
The Claim of Forgery
Article 30
The claim of forgery must be made, at any stage of the lawsuit, by a report deposited with the secretariat of the court. The report of the claim must include a statement of the places of forgery, otherwise it is invalid. The party claiming forgery shall also, within the eight days following the deposit of the report, serve his opponent with a memorandum stating the indications of forgery and the investigation procedures by which he requests to prove it, otherwise the claim of forgery may be ruled forfeited.
Article 31
The party against whom forgery is claimed may terminate the proceedings on the claim at any stage by waiving reliance on the contested document. In this case, the court may order that the document be impounded or retained if the party claiming forgery so requests for a legitimate interest.
Article 32
The party claiming forgery shall deliver to the secretariat the contested document if it is in his possession, or the copy of it served on him. If the document is in the possession of the court or the secretary, it must be deposited with the secretariat, and if it is in the possession of the opponent, the president of the hearing shall, upon the submission of the report of the claim of forgery, instruct him to deliver it to the secretariat, otherwise he shall order that it be impounded and deposited with the secretariat. If the opponent refuses to deliver it and it cannot be impounded, it is considered non-existent. This does not prevent it from being impounded later if possible.
In all cases, the president of the hearing and the secretary shall sign the document before its deposit with the secretariat.
Article 33
If the claim of forgery is material to the dispute, and the facts and documents of the lawsuit are not sufficient to satisfy the court as to the authenticity or forgery of the document, and it considers that the investigation procedure requested by the party claiming forgery in his report is material and admissible, it shall order an investigation by comparison, by the testimony of witnesses, or by both, in accordance with the rules and procedures stipulated in the preceding articles.
The judgment ordering the investigation must include a statement of the facts the court has accepted to investigate and the procedures by which it has decided to prove them.
The judgment ordering an investigation into the claim of forgery suspends the enforceability of the document until the claim is ruled on, without prejudice to precautionary measures.
Article 34
If the claim of forgery is ruled rejected or forfeited, the party claiming forgery may be ordered to pay a fine of not less than fifty Rial Omani and not exceeding five hundred Rial Omani. He must not be ordered to pay anything if part of what he alleged is proved. The fine is multiplied according to the number of documents claimed to be forged, unless there is a connection between them.
Article 35
The court may—even if no claim of forgery is raised before it—rule to reject any document and to declare it void if it clearly appears to it, from its condition or from the circumstances of the lawsuit, that it is forged. In this case, it shall clarify in its judgment the circumstances and presumptions from which it established this.
Section Four
The Validity of Signature Lawsuit and the Original Forgery Lawsuit
Article 36
Whoever holds a private document may sue the person against whom this document is adduced so that he acknowledges that it is in his handwriting or bears his signature, seal, or fingerprint, even if the obligation contained in it is not yet due. This is done by an original lawsuit under the ordinary procedures. If the defendant appears and acknowledges this, the court shall record his acknowledgement, and all the costs must be borne by the claimant. The document is considered acknowledged if the defendant remains silent, does not deny it, or does not attribute it to another. If the defendant denies the handwriting, signature, seal, or fingerprint, the investigation must be conducted in accordance with the rules and procedures stipulated in the preceding articles.
If the defendant does not appear without an acceptable excuse, the court shall rule in his absence on the authenticity of the handwriting, signature, seal, or fingerprint.
Article 37
Whoever fears that a forged document may be invoked against him may sue the person who holds this document and the person who benefits from it in order to obtain a judgment declaring it forged. This is done by an original lawsuit filed under the ordinary requirements. In investigating this lawsuit, the court shall observe the rules and procedures stipulated in the preceding articles.
Part Three
Testimony of Witnesses
Article 38
The litigant who requests proof by the testimony of witnesses shall state to the court the facts he wishes to prove, in writing or orally at the hearing, and the names and places of residence of the persons whose testimony he requests to be heard.
The operative part of the judgment ordering proof by the testimony of witnesses must state each of the facts ordered to be proved, as well as the day on which the investigation begins and the time limit within which it must be completed.
If the court permits one of the litigants to prove a fact by the testimony of witnesses, the other litigant has the right to rebut it by the same means.
The court may—of its own initiative—order proof by the testimony of witnesses in the cases in which the law permits proof by this means, whenever it considers that this reveals the truth. It may also, in all cases, whenever it orders proof by the testimony of witnesses, summon to testify whoever it deems necessary to hear in order to reveal the truth.
Article 39
Whoever has not reached the age of fifteen years is not competent to testify. However, the statements of whoever has not reached this age may be heard without an oath for guidance only.
Article 40
Public officials and persons entrusted with a public service shall not testify—even after leaving their work—about information of a confidential nature that came to their knowledge in the course of performing their work, which has not been published by legal means and whose disclosure the competent authority has not permitted. In all cases, the competent authority shall permit testimony on the mentioned matters at the request of the court or one of the litigants.
Whoever among lawyers, physicians, agents, or others has come to know of a fact or information through his profession or capacity shall not disclose it, even after the end of his service or the cessation of his capacity, unless his mention of it is intended solely to prevent the commission of a felony or a misdemeanour. Nevertheless, the mentioned persons shall testify about the fact or information whenever this is requested of them by the person who confided it to them, without prejudice to the provisions of the laws particular to them.
In all cases, the mentioned persons shall testify if the court requests them to do so. Neither spouse shall, without the consent of the other, disclose any communication made to him by the other during the marriage, even after its dissolution, except in the case of a lawsuit filed by one of them against the other and in relation to what the defence in it requires, or a lawsuit filed against one of them by reason of a felony or misdemeanour committed by him against the other.
Article 41
In non-commercial matters, if the value of the legal transaction exceeds one thousand Rial Omani or its value is undetermined, the testimony of witnesses is not permitted to prove its existence or its extinction, unless there is an agreement or a text stipulating otherwise.
The obligation must be assessed according to its value at the time the transaction was made, without adding the accessories to the principal.
If the lawsuit includes multiple claims arising from multiple sources, proof by the testimony of witnesses is permitted for each claim whose value does not exceed one thousand Rial Omani, even if these claims in aggregate exceed this value, and even if they arise from relations between the litigants themselves or from transactions of the same nature.
In proving partial performance, the value of the original obligation is what counts.
Article 42
Proof by the testimony of witnesses is not permitted, even if the value does not exceed one thousand Rial Omani:
(a) In matters contradicting or going beyond the content of written evidence.
(b) If the claim is for the remainder or a part of a right that may be proved only in writing.
(c) If one of the litigants in the lawsuit claims an amount whose value exceeds one thousand Rial Omani and then reduces his claim to an amount not exceeding this value.
Article 43
Proof by the testimony of witnesses is permitted in what should have been proved in writing in the following cases:
(a) If there is a commencement of proof in writing. Any writing issued by the litigant that is such as to make the existence of the alleged transaction probable is considered a commencement of proof in writing.
(b) If there is a physical or moral impediment preventing the obtaining of written evidence.
(c) If the creditor has lost his written instrument due to an external cause beyond his control.
(d) If the court, for convincing reasons, considers proof by the testimony of witnesses appropriate.
Article 44
Each witness gives his testimony separately, without the presence of the other witnesses whose testimony has not been heard. Rebuttal witnesses must be heard at the same hearing in which the witnesses called in proof are heard, unless an impediment prevents this. If the investigation is adjourned to another hearing, the pronouncement of the adjournment is considered a summons to the witnesses present to appear at that hearing, unless the court or the delegated judge expressly excuses them from appearing.
The witness takes the oath by saying “I swear by Almighty God”, and the oath is taken in accordance with the requirements particular to his religion if he so requests.
Article 45
If a litigant does not produce his witness or does not summon him to appear at the specified hearing, the court or the delegated judge shall decide to compel him to produce him or to summon him to appear at another hearing, and if he does not do so, his right to rely on his testimony may be forfeited. This does not prejudice any other penalty prescribed by law for this delay.
Article 46
If the witness refuses to appear in response to the invitation of the litigant, the court, or the delegated judge, the litigant or the secretariat, as the case may be, shall summon him to appear to give testimony at least twenty-four hours before the date specified for hearing him, subject to the distance time limits.
In cases of urgency, this time limit may be reduced and the witness summoned to appear by a telegram from the secretariat by order of the court or the delegated judge.
Article 47
If the witness is validly summoned to appear and does not appear, the court or the delegated judge may, in cases of extreme urgency, issue an order that he be brought before it.
In other cases, it must be ordered that the witness be summoned to appear again if there is reason for this. If he fails to appear, the court or the delegated judge may order him to pay a fine of twenty Rial Omani, and the court or the delegated judge may issue an order that he be brought before it. The court or the delegated judge may relieve the witness of the fine if he appears and presents an acceptable excuse.
Article 48
If the witness has an excuse preventing him from appearing, the delegated judge may go to him to hear his statements, and if the investigation is before the court, it may delegate one of its judges for this purpose. The court or the delegated judge shall specify the date and place for hearing his statements, and the pronouncement of this decision is considered a service to the litigants to appear for the giving of this testimony. Minutes of it must be drawn up and signed by the delegated judge and the secretary.
Article 49
Questions must be put to the witness by the court or the delegated judge. The witness first answers the questions of the litigant who called him and then the questions of the other litigant. Once a litigant has finished questioning the witness, he shall not put new questions except with the permission of the court or the delegated judge.
Article 50
The answer of the witness must be recorded in the minutes, then read to him, and he signs it after correcting what he considers necessary to correct in it. If he refuses to sign, this and its reason must be stated in the minutes. The minutes must be signed by the president of the hearing or the delegated judge and the secretary.
Article 51
The expenses of witnesses and compensation for their loss of time must be assessed at their request, and the witness must be given a copy of the assessment order, which is enforceable against the litigant who called him.
Article 52
If it becomes apparent, when ruling on the subject matter of the lawsuit, that the witness has given false testimony, the court shall draw up minutes of this and send them to the Public Prosecution to take the necessary criminal proceedings.
Article 53
Whoever fears losing the opportunity to rely on the testimony of a witness regarding a matter that has not yet been presented before the judiciary but is likely to be presented to it may request, in the presence of the concerned parties, that this witness be heard. This request must be submitted by the ordinary means to the judge of provisional matters, and all its costs must be borne by the applicant. If the necessity is established, the judge shall rule that the witness be heard, provided that the fact is one that may be proved by the testimony of witnesses.
The judge may hear rebuttal witnesses at the request of the other litigant to the extent required by the circumstances of urgency in the lawsuit.
In all other respects, the rules and procedures stipulated in the preceding articles must be followed in the testimony. In this case, a copy of the minutes of the investigation must not be delivered or submitted to the judiciary unless the court of the subject matter, when considering it, finds that the fact may be proved by the testimony of witnesses. The litigant may object before it to the admission of this evidence, and he may also request that rebuttal witnesses be heard in his favour.
Part Four
Presumptions and the Force of Res Judicata
Article 54
Presumptions stipulated by law relieve the person in whose favour they are established from any other means of proof. However, these presumptions may be rebutted by evidence to the contrary, unless there is a text stipulating otherwise.
The judge may draw other presumptions for proof that are not stipulated by law, and proof by these presumptions is not permitted except in the cases in which proof by the testimony of witnesses is permitted.
Article 55
Judgments that have acquired the force of res judicata are evidence in respect of the rights they have ruled on, and evidence rebutting this force must not be admitted. However, those judgments have this force only in a dispute that arose between the litigants themselves, without a change in their capacities, and that relates to the same right in its subject matter and cause.
The court shall rule on this force of its own initiative.
Article 56
The civil judge is not bound by the criminal judgment except in respect of the facts that this judgment has ruled on and whose ruling was necessary. Nevertheless, he is not bound by a judgment of acquittal unless it is based on the denial of the attribution of the act to the accused.
Part Five
Acknowledgement and Questioning of Litigants
Chapter One
Acknowledgement
Article 57
Acknowledgement is the admission by a person of a legal fact in favour of another with the intention of considering it established against him, and it is either judicial or extrajudicial.
Article 58
Judicial acknowledgement is the admission by a litigant before the judiciary of a legal fact alleged against him, during the course of the lawsuit relating to this fact.
As for extrajudicial acknowledgement, it is the admission by a litigant of a legal fact outside the court or outside the lawsuit relating to the acknowledged fact, and the general rules relating to proof must be followed in proving it.
Article 59
For the acknowledgement to be valid, the acknowledging party must have the capacity to dispose and must not be interdicted in respect of what he acknowledges.
Article 60
Judicial acknowledgement is conclusive proof against the acknowledging party, is confined to him, and is binding on the judge. The acknowledgement is not divisible against its maker unless it relates to multiple facts and the existence of one of them does not necessarily entail the existence of the other facts.
Chapter Two
Questioning of Litigants
Article 61
The court may question any of the litigants who are present, and each of them may request the questioning of his opponent who is present. The court may order the appearance of a litigant for questioning, whether of its own initiative or at the request of his opponent, and whoever is ordered to be questioned shall appear in person at the hearing specified for this purpose.
Article 62
If the litigant lacks capacity or is of diminished capacity, his representative may be questioned, and the court may discuss with him personally if he is of discernment in the matters permitted to him. With regard to legal persons, the questioning may be put to their legal representative.
In all cases, the person to be questioned must have the capacity to dispose of the disputed right.
Article 63
The court puts to the litigant the questions it deems appropriate, and also puts to him the questions that the other litigant requests to be put. The answer must be given at the same hearing unless the court decides to grant a time limit for the answer.
Article 64
The answer must be given in the presence of the person who requested the questioning, but the questioning does not depend on his presence.
Article 65
The questions and answers must be recorded in detail and with precision in the minutes of the hearing and signed by the president of the hearing, the secretary, and the person questioned. If the person questioned refuses to answer or to sign, his refusal and its reason must be stated in the minutes.
Article 66
If the litigant fails to appear for questioning without an acceptable excuse, or refuses to answer without legal justification, the court may admit proof by all means of proof. If the litigant has an acceptable excuse preventing him from appearing for questioning, the court may delegate one of its judges to question him.
Part Six
The Oath
Chapter One
The Decisive Oath
Article 67
Either litigant may, at any stage of the lawsuit, direct the decisive oath to the other litigant. The fact on which the oath is based must relate personally to the person to whom it is directed, and if it does not relate to him personally, the oath is based on his mere knowledge of it. Nevertheless, the judge may prevent the directing of the oath if the litigant is abusive in directing it. The person to whom the oath is directed may refer it back to his opponent, but it must not be referred back if the oath is based on a fact that is not common to both litigants but is particular to the person to whom the oath is directed.
The court may decide that the person who directed the oath or referred it back shall not retract once his opponent has accepted to take it.
Article 68
A guardian, a custodian, or the agent of an absent person shall not direct the decisive oath or refer it back except in matters that fall within his authority in accordance with the law. The attorney in litigation shall not direct the decisive oath, accept it, or refer it back to the other litigant except by a special power of attorney.
Article 69
The decisive oath must not be directed on a fact that is contrary to public order or morals.
Article 70
Whoever directs the oath to his opponent shall state precisely the facts on which he wishes him to take the oath, and shall state the wording of the oath he directs to him in clear terms. The court may amend the wording proposed by the litigant so that it is directed clearly and precisely to the fact on which the oath is to be taken.
Article 71
If the person to whom the oath is directed does not dispute its admissibility or its relevance to the lawsuit, he shall, if present in person, take it immediately or refer it back to his opponent, otherwise he is considered to have declined it. The court may grant him a time limit to take the oath if it sees reason to do so. If he is not present, the operative part of the judgment must be served on him and he must be summoned to appear at the hearing specified for taking the oath. If he appears and refuses without disputing, or fails to appear without an excuse, he is likewise considered to have declined it.
Article 72
If the person to whom the oath is directed disputes its admissibility or its relevance to the lawsuit, and the court rejects his dispute and rules that he take the oath, it shall state the wording of the oath in the operative part of its judgment. This operative part must be served on the litigant if he is not present in person, and the provisions of the preceding article must be followed.
Article 73
If the person to whom the oath is directed has an excuse preventing him from appearing, the court shall go to him or delegate one of its judges to administer the oath to him.
Article 74
The person taking the oath does so by saying “I swear by Almighty God” and stating the wording approved by the court. Whoever is required to take the oath may take it in accordance with the requirements prescribed in his religion if he so requests.
For a person who is unable to speak, his customary signs are considered in his taking of the oath, his declining it, and his referring it back if he does not know how to write, and if he does, his taking, declining, and referring back are made in writing.
Minutes of the taking of the oath must be drawn up and signed by the person taking the oath, the president of the hearing or the delegated judge, and the secretary.
Article 75
Whoever has the oath directed to him and declines it without referring it back to his opponent, and whoever has the oath referred back to him and declines it, loses his case.
Article 76
The directing of the decisive oath results in the waiver of all other evidence in respect of the fact to which it relates.
The litigant shall not prove the falsity of the oath after it has been taken by the litigant to whom it was directed or referred back.
Chapter Two
The Supplementary Oath
Article 77
1. The court may, at any stage of the lawsuit, direct the supplementary oath of its own initiative to either litigant in order to rely on it in its judgment on the subject matter of the lawsuit or on the value of what is awarded. For this oath to be directed, there must be no complete evidence in the lawsuit and the lawsuit must not be devoid of any evidence.
2. If the evidence considered in accordance with paragraph 1 of this article is a single witness, the court shall not resort to directing the supplementary oath to the claimant to complete the evidence.
3. The litigant to whom the supplementary oath is directed shall not refer it back to the other litigant.
Article 78
The court shall not direct the supplementary oath to the claimant in order to determine the value of the claim unless it is impossible to determine this value by another means. The court may determine the value on which the claimant takes the oath.
Article 79
The provisions prescribed in articles 70, 71, 72, 73, and 74 of this law apply to the supplementary oath, to the extent that they do not conflict with the provisions contained in this chapter.
Part Seven
Inspection and the Lawsuit to Establish the State of Affairs
Article 80
The court may, of its own initiative or at the request of one of the litigants, decide to go to inspect the subject of the dispute, or delegate one of its judges to do so. It shall specify in its decision the date and place of the inspection, and the court or the delegated judge shall draw up minutes stating all the steps relating to the inspection, otherwise its work is invalid.
The court, or whoever it delegates from among its judges, may, while attending the inspection, appoint an expert to assist in the inspection. It and the delegated judge may hear any witnesses they deem appropriate to hear, and these witnesses must be invited to appear by a request, even oral, from the secretary.
Article 81
Whoever fears the loss of the features of a fact that is likely to become the subject of a dispute before the judiciary may request, in the presence of the concerned parties and by the ordinary means, that the judge of provisional matters go to conduct an inspection. In this case, the provisions set out in the preceding article must be observed.
The judge of provisional matters may, in this case, delegate an expert to go and conduct the inspection and hear witnesses without an oath. In this case, the judge shall fix a hearing to hear the observations of the litigants on the report of the expert and his work. The provisions governing the work of experts before the courts must be followed.
Part Eight
Expert Evidence
Article 82
The court may, of its own initiative or at the request of the litigants, seek the assistance of experts to investigate a specific fact in the lawsuit or to give their opinion on the technical or specialised matters raised in it, excluding legal matters.
Article 83
The judgment ordering the assistance of an expert must include a statement of the task assigned to him, the deposit to be lodged on account of his expenses, the litigant charged with lodging this deposit, the time limit within which the deposit must be lodged, the time limit specified for filing the report of the expert, the date of the hearing to which the lawsuit is adjourned for pleading if the deposit is lodged, and another nearer hearing for its consideration if the deposit is not lodged.
Article 84
If the litigants agree on the selection of one or more experts, the court shall approve their agreement. Otherwise, the court shall select from among the experts accepted before it, unless special circumstances require otherwise, in which case it shall state these circumstances in the judgment.
Article 85
If the deposit is not lodged by the litigant charged with lodging it or by any of the other litigants, the expert is not obliged to perform the task, and the court shall decide the forfeiture of the right of the litigant who has not paid the deposit to rely on the judgment appointing the expert if it finds that the excuses he presented for this are not acceptable.
Article 86
Within the two days following the lodging of the deposit, the secretariat of the court shall invite the expert, by registered letter, to examine the papers deposited in the lawsuit file without taking possession of them, unless the court or the litigants permit him to do so, and a copy of the judgment must be delivered to him.
Article 87
The expert may, within the five days following the date of his receipt of the copy of the judgment from the secretariat of the court, request to be relieved of performing the task assigned to him, and the court that appointed him may relieve him of it if it finds that the reasons he presented for this are acceptable.
In urgent lawsuits, the court may decide in its judgment to reduce this time limit.
Article 88
If the expert does not perform his task, the court that delegated him may order him to pay all the expenses he unnecessarily caused to be incurred and damages, if warranted, without prejudice to his disciplinary accountability.
Article 89
The expert may be challenged:
(a) If he is a relative or an in-law of one of the litigants up to the fourth degree, or if he or his spouse has a pending dispute with one of the litigants in the lawsuit or with his spouse, unless this dispute was instituted by the litigant or his spouse after the appointment of the expert with the intention of challenging him.
(b) If he is an agent of one of the litigants in his private affairs, his guardian or custodian, or his presumptive heir upon his death, or if he is a relative or in-law up to the fourth degree of the guardian or custodian of one of the litigants, or to one of the members of the board of directors of the company that is a party to the lawsuit or one of its managers, and this member or manager has a personal interest in the lawsuit.
(c) If he, his spouse, one of his relatives or in-laws in the direct line, or a person for whom he is an agent, guardian, or custodian has an interest in the pending lawsuit.
(d) If he works for one of the litigants, has habitually eaten or lived with one of them, has received a gift from him, or if there is enmity or affection between them which makes it likely that he is unable to perform his task without bias.
Article 90
The challenge request must be made by summoning the expert to appear before the court that assigned him, within a week from the date of the judgment appointing him if this judgment was issued in the presence of the litigant requesting the challenge, otherwise within the week following the service of the operative part of the judgment on him.
The right to request the challenge is not forfeited if its reasons arose after that time limit, or if the litigant submits proof that he did not become aware of them until after its expiry.
A request to challenge an expert appointed on the basis of the selection of the litigants is not admitted from any of them unless the reason for the challenge arose after his appointment.
Article 91
The challenge request must be ruled on promptly, and the judgment issued on it is not subject to contestation by any means. If the request is rejected, the applicant may be ordered to pay a fine not exceeding twenty Rial Omani.
Article 92
The expert shall specify a date for the commencement of his work not exceeding the fifteen days following the assignment referred to in article 86, and he shall invite the litigants by registered letters sent at least seven days before that date, informing them of the place, day, and hour of the first meeting.
In case of urgency, the judgment may stipulate that the work commence within the three days following the date of the mentioned assignment at most, in which case the litigants must be invited by telegraphic notice sent at least twenty-four hours before the first meeting. In cases of extreme urgency, the judgment may stipulate that the task commence immediately and that the litigants be invited by telegraphic notice to appear immediately.
Failure to invite the litigants results in the invalidity of the work of the expert.
Article 93
The expert shall carry out his work even in the absence of the litigants, provided that they have been validly invited.
Article 94
The expert shall hear the statements and observations of the litigants. If one of them fails to appear before him, to produce his documents, or to carry out any of the expert procedures within the specified time limits in a manner that makes it impossible for the expert to carry out his work or leads to a delay in carrying it out, the expert may request the court to order against the litigant one of the penalties prescribed in article 101 of the Civil and Commercial Procedures Law, and the provisions set out in the mentioned article apply to this judgment.
The expert shall also hear—without an oath—the statements of the persons brought by the litigants or those whose statements he deems appropriate to hear, if the judgment has permitted him to do so.
Article 95
No ministry, unit of the administrative apparatus of the state, company, association, institution, or any natural or legal person shall refuse, without legal justification, to allow the experts whose assistance the court seeks to examine what is necessary.
Article 96
Every ministry, unit of the administrative apparatus of the state, company, association, institution, and others shall facilitate for the experts working for them the performance of what the court has assigned to them.
Article 97
The expert shall prepare minutes of his work, and the minutes must include the following:
1. A statement of the attendance of the litigants and their statements and observations, signed by them, unless they have an impediment to signing, in which case the reason for this must be stated in the minutes.
2. A statement of the work carried out by the expert in detail, and the statements of the persons he heard of his own initiative or at the request of one of the litigants, and their signatures.
Article 98
The expert shall submit a report signed by him on the result of his work, his opinion, and the grounds on which he relied. If there are multiple experts, each of them may submit a separate report with his opinion, unless they agree to submit a single report.
Article 99
The expert shall file his report and the minutes of his work with the secretariat, and shall also file all the papers delivered to him. If the seat of the court before which the lawsuit is considered is far from the domicile of the expert, he may file his report and its annexes with the secretariat of the court nearest to him, and this court shall send the filed papers to the court considering the lawsuit.
The expert shall inform the litigants of this filing within the twenty-four hours following it, by registered letter.
Article 100
If the expert does not file his report within the time limit specified in the judgment appointing him, he shall file with the secretariat, before the expiry of that time limit, a memorandum stating the work he has carried out and the reasons that prevented the completion of his task.
At the hearing specified for the consideration of the lawsuit, if the court finds in the memorandum of the expert what justifies his delay, it shall grant him a time limit to complete his task and file his report. If there is no justification for his delay, the court may order him to pay a fine not exceeding fifty Rial Omani, and grant him another time limit to complete his task and file his report, or replace him with another and order him to return to the secretariat what he has received from the deposit, without prejudice to disciplinary penalties and damages, if warranted.
The judgment replacing the expert and ordering him to return what he has received from the deposit is not subject to contestation.
If the delay is caused by the fault of a litigant, he may be ordered to pay a fine not exceeding fifty Rial Omani, and his right to rely on the judgment appointing the expert may also be ruled forfeited.
Article 101
The court may order the expert to be summoned to a hearing it specifies to question him on his report if it sees a need for this. It may refer the task back to him to remedy the deficiencies it finds in his work, and it may entrust this to one or more other experts, who may make use of the information of the previous expert.
Article 102
The court may appoint an expert to give his opinion orally at the hearing without submitting a report, and his opinion must be recorded in the minutes.
Article 103
The opinion of the expert does not bind the court.
Article 104
The court may adopt the opinion of the experts in which it has confidence, stating the reasons if the report it adopts contradicts another report. It may hear the arguments of the litigants regarding the submitted reports and their observations on them, and may assign the experts once again to complete or correct them if necessary.
Article 105
The fees and expenses of the expert must be assessed by an order issued on a petition by the president of the circuit that assigned him, upon the issuance of the judgment in the lawsuit, or after the lapse of three months from the filing of the report if the judgment is not issued within this period for reasons not attributable to the expert.
The expert collects what is assessed for him from the deposit, and the assessment order, in respect of what exceeds the deposit, is enforceable against the litigant who requested his appointment, as well as against the litigant ordered to pay the costs.
Article 106
The expert and every litigant in the lawsuit may file a grievance against the assessment order within the eight days following its service. The grievance must be made in accordance with the procedures prescribed for grievances against orders on petitions. Whoever did not request the appointment of the expert and was not ordered to pay the costs is not made a party to the grievance, if a final judgment has been issued regarding the order to pay the costs of the lawsuit. If the grievance results in a judgment reducing what was assessed for the expert, the litigant may invoke this judgment against his opponent who has paid what was demanded of him on the basis of the assessment order, without prejudice to the right of this litigant to have recourse against the expert.