Global Justice Project: Iraq translation
Law No. 107 of 1979
Evidence Law
Part One
General Principles
Chapter One
Objectives of the Law
Article -1The authority of a judge shall be expanded in directing the proceedings of a case and its
respective evidence in a manner that secures a sound application of the provisions of
the law in order to reach a fair judgment in the case being considered.
Article -2A judge shall be bound to investigate the events of a crime to complete his convictions.
Article -3A judge shall be bound to adopt the advanced interpretation of the law and he shall
observe the wisdom of a given legislation when applying it.
Article -4Formality shall be simplified to the extent that ensures public interests and does not
compromise the originality of rights in dispute.
Article -5Judiciary is an arena for justice and realization of right, hence the importance to
maintain it from tamper and misuse. Litigants and their representatives shall therefore
be required to abide by the provisions of the law and the principle of bona fide in the
presentation of evidence, as otherwise a violator shall be subject to punishment.
Chapter Two
Law Fundamentals
Article -6-
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‘The origin is discharge’, [i.e. the burden of proof lies with the claimant].
Article -7First: A claimant shall need to present evidence and a defendant (denier) shall need to
take the oath.
Second: A claimant is the party adhering to the opposite of the status quo and the
defendant (denier) is the party adhering to the maintenance of the status quo.
Article -8A judge may not adjudicate according to his personal knowledge that he has acquired
from outside the court, but, however, he may consider what he obtains of knowledge
about public affairs that is presumed to be known by all.
Article -9A judge may order any of the litigants to present the evidence that they have. If any of
them refrains from presenting his evidence, the judge may construe such refrain as
evidence against him.
Article -10The matter to be proved must be pertinent to the case, of value thereto and permissible
to accept.
Chapter Three
Scope of Law
Article -11This law shall apply to:
First: civil and commercial cases.
Second: financial matters related to personal status.
Third: non-financial matters related to personal status, unless there is lawful evidence
or provision in the Personal Status Code that provides to the contrary of the content
herein.
Article -12The provisions of this law shall apply to the evidence prepared in advance of the
provisions applicable at the time when such evidence is presented or at the time when it
could or has to be presented.
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Article -13First: Regarding proving evidence, the laws of the state where a legal action takes place
shall apply. The court may nevertheless apply the Iraqi law if the proving evidence is
easier than the one stipulated by the foreign law.
Second: Regarding proving procedures, the laws of the state where the case is filed
shall apply.
Chapter Four
Proving Procedures
Article -14A litigant shall be summoned to attend the proving procedures. The procedure may be
taken in the absence of said litigant if he has been notified but failed to attend.
Article -15First: if there is a reasonable excuse preventing the litigant from attending for
questioning or taking the oath, or preventing the witness to attend for hearing his
testimony, the court may then move to him, delegate one of its judges to go to his place
or send a Letter of Request (Letters Rogatory) to the court that is in the same area
where the litigant or person to take the oath resides.
Second: the court by itself or through an expert shall apply the foregoing provisions in
the detection of property outside its geographic jurisdiction.
Third: a record including the aforementioned procedures shall be organized.
Article -16First: a court may request, through the Ministry of Foreign Affairs, an Iraqi consul or his
representative to question a litigant, have him take the oath or hear a witness’s
testimony, if he is an Iraqi citizen residing abroad.
Second: in countries where there is no Iraqi consul or his representative, the procedures
set forth in Paragraph (First) shall be applied in accordance with the provisions of the
Judicial Cooperation Treaty between Iraq1 and that country.
Third: if no such treaty is available, said procedures shall be carried out on the basis of
the principle of reciprocity. If this becomes impossible, the Ministry of Foreign Affairs
1
Law No. 107 of 1979 was published in the Iraqi Official Gazette No. 2728 on 3/9/1979.
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shall then be contacted to take what needs to be taken in this respect via diplomatic
channels.
Forth: as far as a foreigner is concerned, the procedures contemplated in Paragraph
(First) shall apply according to the provisions of Paragraphs (Second and Third) of this
Article.
Fifth: the court considering the case must set out the special data that are required for
questioning, the pattern of oath to be taken or the questions to be addressed to the
witness, provided that they shall be in the Arabic language and the language of the
country to which they are to be sent.
Article -17First: the court may at its discretion or upon a request by a litigant decide to take any of
the proving procedures that it deems necessary to establish the facts.
Second: the court may rescind the proving procedures that it has ordered, provided that
it must give reasons for this decision in its verdict.
Part Two
Methods of Proof
Chapter One
Written Evidence
Section One
Common Provisions
Article -18It is permissible to prove what should have been proved in writing by all methods of
proving in the following two cases:
First: if a written document has been lost for a reason beyond the control or will of its
owner.
Second: if there is a physical or moral obstacle preventing the obtainment of written
evidence.
Article -19-
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Until otherwise proven, the debtor’s possession of debentures/bonds is a presumptive
evidence of his discharge of the debt.
Article -20A litigant may not withdraw a document that he has presented to the court unless the
court so approves, and in this case, a legalized copy thereof shall be kept in the case file.
In all circumstances, the document may not be withdrawn if it is effective in resolving
the case, and only can the document be withdrawn when a binding verdict or invalidity
decision has been issued thereupon.
Section Two
Official Documents
Article -21First: official documents are the documents whereupon a public servant or a person
commissioned with a public service shall establish, in accordance with the legal status
and within the limits of his jurisdiction, actions taken at his hand or statements made by
respective parties in his presence.
Second: if documents do not meet the conditions stipulated by the previous paragraph,
they shall have no authoritativeness except that of ordinary documents as evidence, if
the respective parties have signed them with their signatures and/or stamped them
with their thumbprints.
Article -22First: official documents shall be taken as evidence against people insofar as it relates to
actions executed by a public servant or a person commissioned with a public service
within the limits of his jurisdiction, or signed by the respective parties in his presence,
unless, however, it appears that such documents have been forged by means described
by the law.
Second: the following documents are considered official documents: citizenship
certificates, patents, courts’ verdicts, real estate registries and the like.
Article -23If the original of an official document is available, its official copy, whether written or
photocopied, shall have the same authoritativeness as that of the original one as much
as it is identical to the original. Hence, the photocopy must be verified against the
original copy.
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If the original document is not available, its official copy shall be authoritative in the
following respects:
First: the original official copy shall be authoritative if its outer appearance is
unquestionable as being identical to the original document.
Second: an official copy taken from an original document shall have the same
authoritativeness. If, however, a concerned party questions the authoritativeness of the
photocopy, he may request that it be verified against the original copy from which it has
been taken.
Third: as for copies scanned from the copy that has been taken from the original
document, these shall not be considered as evidence, but may be read for information.
Section Three
Ordinary Documents
Article -25First: a document shall be considered ordinary if issued by the person who signed it,
unless he expressly denies what is attributed to him such as handwriting, signature or
thumbprint.
Second: in the case of malicious denial of a document, the aggrieved party shall be
entitled to claim damages inflicted upon him either in the same case or a case to be filed
independently.
Article -26First: an ordinary document cannot be used as evidence against third parties on its date,
unless it has a fixed date. The date of document is considered fixed in the following
cases:
a. As of the day it is notarized by the Notary Public.
b. As of the day its content is proven by another paper with a fixed date.
c. As of the day of death of one of the respective parties who has an acknowledged
effect thereupon such as handwriting, signature or thumbprint; or as of the day it
becomes reasonably impossible for one of the respective parties to write or affix
his thumbprint due to a physical incapacity, and in general, as of the day of the
occurrence of an accident that would make it decisive that the document had
been issued prior to the occurrence of said accident.
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Second: nevertheless, the court may, depending on the circumstances, not apply
Paragraph (First) to cases related to receipts.
Article -27First: in terms of taking them as evidence, signed letters shall be treated as authoritative
in the same way as ordinary documents are.
Second: telegraphs, too, shall be treated as authoritative in the same way as ordinary
documents are if their original copies deposited in the issuing office are signed by the
dispatcher. A telegraph shall be considered identical to its original copy until proven
otherwise by evidence.
Third: if the original copy of a telegraph is destroyed, it shall not be taken as evidence
except for the purpose of mere information.
Section Four
Unsigned Papers
Article -28First: organized or unorganized entries in books or records that are kept by law
requirements shall not be considered authoritative in favor of their owner.
Two: the entries mentioned in the previous paragraph may be taken as evidence against
their respective owner, provided that the acknowledgement fixed by dint of such entries
must be indivisible.
Article -29First: entries recorded in optional books and special documents shall not be regarded
authoritative in favor of their respective owner.
Second: entries referred to in the previous clause may not be taken as evidence against
their owner, unless in the following two cases:
a. If he expressly states that he has collected a debt.
b. If he expressly mentions that the content of such entries have the same value of a
document for the interest of third parties for whom they have been proven.
Article -30If the entries contemplated in Articles 28 and 29 have been taken as evidence against a
person, that person may prove otherwise by means of all methods of proving.
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Article -31In order to become reasonably convinced, the court may put the supplementary oath to
a person who adheres to the entries set forth in Articles 28 and 29.
Article -32First: entries recorded in mandatory and optional books by those who work for the
books’ owners, who permit them to do so, shall be regarded as if recorded by the
owners themselves.
Second: it is presumed that the entries set forth in Paragraph (First) have been recorded
with the knowledge and satisfactory of the owner of the books unless evidence may
prove otherwise.
Article -33First: a notation on a document to an effect providing for discharge in favor of a debtor
is regarded as evidence against the creditor until otherwise is proven, no matter if such
notation had not been signed by him as long as the document is in his possession.
Second: the same provision as above shall apply if the creditor notes in his handwriting,
without putting a signature providing for a discharge in favor of the debtor in another
original copy of the document, which is in the debtor’s possession.
Section Five
Proving the Validity of Documents
Article -34Denial of handwriting or thumbprint does not apply except to unofficial documents and
papers, but a claim of forgery is applicable to ordinary and official documents.
Article -35First: a document shall not be considered valid unless it is clear of forgery and creation.
Second: the court may estimate the consequences against scratch, erasure, omission,
annotation and other formal defects in a document in terms of disregarding its value in
the proving process or decreasing such value, provided that the court must expressly
indicate in its decision the validity of the presence of such defects.
Third: if the court has suspicions about a document, it may at its discretion summon the
public servant who issued it or the person who wrote it to establish the facts thereof.
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Article -36First: if a litigant claims that a document has been forged and he therefore requests
investigation by the court, which finds strong evidence supporting his claim, the court
shall then respond to the claim and cause the claimant to pay a personal or cash bail, as
decided by the court, to guarantee the right of the other party. In this case, the court
shall refer the litigants to the investigative judge to establish the validity of the claim.
The court shall then decide to delay the case until a binding decision has been issued
about the crime of forgery.
Second: while considering a direct case, an investigative judge may not take legal
actions regarding a complaint initiated by one of the litigants on the forgery of a
document that has been presented to a civil court, unless the court so agrees2.
Article -37If the court ends up with evidence proving the validity of a document and declines the
claim of forgery, a verdict to pay a fine of not less than three thousand Iraqi Dinars shall
be issued against the party claiming forgery, which will be collected in implementation
of the verdict, without prejudice to the right of the aggrieved party to claim
compensation. If, however, some of his claim turns to be valid, no verdict shall be issued
against the claimant3.
Article -38A person claiming the forgery of a document may waive his claim, and in this case, he
will not be subject to pay the fine set forth in the previous Article, unless it is proven to
the court that he had the intention to make a malicious claim against the other litigant
or to delay decision on the case.
Article -39First: if the claimant presents an ordinary document to prove his case, this document
shall be shown to the defendant, who may acknowledge or deny his signature or
thumbprint, but his silence shall be regarded as acknowledgement.
Second: instead of acknowledgement or denial, an heir may claim ignorance about a
document.
The phrase “Republic of Iraq” replaced the phrase “the Iraqi Republic” by RCC Resolution No. 46 on
30/12/1991, which is published in the Iraqi Official Gazette No. 3387 on 6/1/1992.
2
This Paragraph was added by virtue of Law No. 46 of 2000, which is published in the Iraqi Official
Gazette No. 3837 on 31/7/2000.
3
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Third: if the claimant by the document is unable to prove his case, it shall then be
sufficient for the successor to take an oath that he does not know that the handwriting,
signature or thumbprint is that of his predecessor.
Fourth:
a. If the defendant acknowledges an ordinary or official document presented to the
court, but claims that the acknowledgement in the presented document is not
true, he may then request to put the claimant to take the oath that the content of
the acknowledgement is true.
b. Claims of invalidity against documents organized before the Notary Public or
acknowledgements made before official competent authorities shall not be
accepted if it is stated in them that the action had been taken in the presence of a
competent public servant4.
Article -40If a person or his representative denies his handwriting, signature or thumbprint affixed
on a document, or his heir claims ignorance about it, provided that such document is
effective in the case, the court shall decide to conduct matching and deposit the
document with the court after establishing its condition, description as well as having it
signed by the judge or the chairman of the court panel.
Article -41If the claimant’s evidence is an ordinary document attributed to an absent defendant
and the claimant could not demonstrate a measurement of application, the court may in
this case issue a sentence in absentia depending on having the other litigant to write in
order to match his handwriting and/or refraining from taking that oath upon objection,
even if the defendant has attended a number of the sessions of the litigations.
Article -42First: if a litigant denies a thumbprint claimed to be his on a document, the document
shall not be considered valid unless the action was performed in the presence of a
competent public servant or two witnesses who signed the documents.
Second: documents stamped with personal stamps shall not be regarded valid, except
documents stamped by the notarized personal stamp of a person who has physical
capacity in both of his hands, provided that the stamping process shall take place in the
This was amended by a statement issued by the Minister of Justice, which is published in the Iraqi
Official Gazette No. 3677 on 7/7/1997.
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personal presence of the incapacitated person accompanied by two witnesses before
the competent public servant5.
Article -43The matching process shall be conducting under the supervision of the court by one or
more experts who the parties shall agree to select, and if the parties do not come to
terms with regard to the appointment of the expert, the court shall appoint them.
Article -44The matching process shall be performed in the presence of the two parties. If the party
who requested to perform the matching process or the party to whom the document is
attributed fails to be present despite being informed, the matching process can then be
performed in absentia.
Article -45Witnesses who are aware of the document and its subject matter may be heard in terms
of proving a signature or thumbprint. Witnesses may also be heard if parts of the
signatures or thumbprints have become clear.
Article -46Matching thumbprints shall be carried out by the authority specialized with
thumbprints; normally a committee of three experts who perform the matching under
the oversight of a judge or the head of that authority.
Article -47The two parties may request re-matching the thumbprints if they could give reasons
justifying their request.
Article -48Matching can only be made to documents that are agreed on. Otherwise, it shall be made
to handwriting, signature or thumbprint affixed onto official documents or ordinary
documents acknowledged by the litigant or papers on which he had been made to write
before the court.
Article -49A litigant who denies that a document is attributed to him must attend himself for
writing to take a specimen of his handwriting, signature or thumbprint before and at the
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
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time designated by the court. If he refrains from attending, the court may then issue a
verdict stating that the document is proven to be attributed to him.
Article -50First: if matching is conducted with the assistance of an expert, the expert must write
minutes whereby he explains the results that he has come up with out of his
examination. He shall need to sign these minutes with whoever attended of the parties,
provided that a copy thereof shall be given to the party requesting it after being
legalized by the court.
Second: if matching is conducted under the oversight of a court, the results of
examination shall be put in the minutes of the session.
Article -51If the court comes up with establishing the validity of a document, the party who
rejected it shall be sentenced with a payment of a fine no less than three thousand Iraqi
Dinars, which will be collected in implementation of the verdict, without prejudice to
the right of the aggrieved party to claim compensation. If, however, part of his claim is
established to the court, no verdict against him shall be issued6.
Article -52The denying party may reconsider his denial before conducting the matching process,
and in this case, he shall not be subject to pay the fine set forth in the previous Article,
unless, however, it is proven to the court that, by his denial, he meant to set up the other
litigant or impede a decision on the case.
Section Six
Presenting Books and Document
Article -53First: at its own discretion or upon a request by one of the case parties, the court may,
whenever necessary to ensure taking a better decision on the case, order the other
party to present books or documents in his possession or at his disposal that are
pertinent to the subject matter of the case.
Second: this request shall include:
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
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a. Description of the book or document that he keeps.
b. Content of the book or document as much detailed as possible.
c. Offence substantiated by that book or document.
d. Evidence and circumstances confirming that the book or document is in the
possession of the litigant or at his disposal.
e. Reason why the litigant is bound to present it.
Third: the court must turn down the request if it does not meet the conditions set forth
in Paragraph (Second) of this Article.
Article -54If a litigant proves his request or the other litigant acknowledges that the book or
document is in his possession or just keeps silent, the court shall order to have the book
or document presented immediately or on a date it will designate.
Article -55If the litigant denies that the book or document is in his possession or at his disposal
and the litigant requesting the presentation of the book or document has not provided
sufficient evidence that it exists with the other litigant, the court shall put the rejecting
party to take the oath that the requested book or document does not exist and that he
does not know about its existence and that he did not conceal it or ignored looking for it
to deprive the other litigant to make use of it.
Article -56If the court is convinced that the book or document is in possession of the litigant who is
requested to present it and that he does not present it on the date designated by the
court or refrains from taking the oath as set forth in the previous Article, the other
litigant shall then have the right to prove the content of the book or document by any
means of the methods of proving. Furthermore, the court may adjudicate to get the
refraining party to bear the expenses of the proving process, whatever the result of the
decision on the case may be.
Article -57The court may order or permit third parties to enter court room in order to present the
book or document in their possession. The court may furthermore request
administrative authorities to present information or documents required for taking a
decision on the case whenever it deems that there is a public interest to be served.
Article -58-
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First: when necessary to resolve a case, the court may order a person to present
something in his possession to another person claiming that he has a right related
thereto.
Second: if the matter is related to other documents or papers, the court may order
presenting them to the concerned party when needed, even if that was for the benefit of
a person who wants to rely on them to prove a right of his own.
Third: the court may decline the issuance of an order to present something if the person
possessing it has a lawful interest that reasonably causes him to refrain from presenting
that thing.
Fourth: unless the court designates another place, presenting something shall be in the
venue where it exists at the time of the presentation request. The party requesting the
presentation shall pay the expenses in advance, and the court may suspend the
presentation of the thing until making a guarantee ensuring that the person who has the
thing to be presented shall be entitled to compensation if damage is inflicted upon him
due to said presentation.
Fifth: in all cases set forth in the previous paragraphs, the court shall preserve the
confidentiality of the content of the documents or papers required to be presented.
Chapter Two
Acknowledgement
Article -59Judicial acknowledgement is the process of informing a litigant before a court that he is
entitled to a right against another litigant. A non-judicial acknowledgement is the one
that takes place outside the court7.
Article -60First: it is stipulated that the acknowledging party must have a full legal capacity, and
therefore an acknowledgement by a child, psychopath or idiot shall not be taken into
consideration. It is also not permissible to take an acknowledgment of the parents,
guardians or caretakers of this category of people.
Second: unless permitted to make it, an acknowledgement of a public servant or
individual commissioned to provide a public service shall not be taken into
consideration.
This was amended by a statement issued by the Minister of Justice, which is published in the Iraqi
Official Gazette No. 3677 on 7/7/1997.
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Article -61An acknowledgement of a permitted child (A child who is below 15 years of age and has
a legal permission to do business just like adults) shall have the same effect as that of a
fully-competent person in permitted matters.
Article -62First: it is stipulated that the person to whom the acknowledgement is made must exist
in fact, judgment and knowledge at the time the acknowledgement is issued.
Second: it is not stipulated that the party to whom the acknowledgement is made must
be sane.
Article -63An acknowledgment of the known shall have the same effect as that of the unknown,
except in contracts where ignorance cannot be a pretext. If a litigant acknowledges the
validity of contract ignorance is accepted, he will be bound to assert what he has
acknowledged8.
Article -64First: it is stipulated that an acknowledgement must not refute the reality of the status
quo.
Second:
a. If an acknowledging party contradicts what he previously acknowledged, such
contradiction shall make a reason not to hear his case or rebuttals.
b. A contradiction shall no longer exist by a court order, credence of the other
litigant or conciliation between the two acknowledgements.
c. A contradiction can be forgiven if a concealed excuse in favor of the
acknowledging party has appeared.
Article -65First: an acknowledgement shall not depend on the acceptance of the party to whom it
is made, but it will be turned down by his decline.
Second: if the acknowledging party returns part of the thing being acknowledged, the
purport of acknowledgement shall no longer be effective about the part returned, but it
will still be applicable to the remaining part.
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
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Article -66If the acknowledging party and the other litigant, to whom the acknowledgement is
made, argue about the reason behind the thing acknowledged, their argument shall not
constitute a reason that the acknowledgement is invalid.
Article -67An acknowledgement is incomplete evidence against the acknowledging party9.
Article -68First: an acknowledging party shall be bound by his acknowledgement, unless refuted
by dint of a judgment.
Second: an acknowledgement may not be withdrawn.
Article -69An acknowledgement shall not be divided upon the acknowledging party unless it
serves multiple actions, provided that one action of those did not inevitably require the
occurrence of the other actions.
Article -70A non-judicial acknowledgement is an action to be determined at the judge’s sole
discretion, and it must be proven according to the general rules of proving.
Chapter Three
Interrogation
Article -71At its discretion of based on a request by the litigants, the court may interrogate any of
the parties involved in the case, who it deems necessary to be interrogated.
Article -72First: the litigant requesting the interrogation must expressly clarify in his request the
matters that the other litigant needs to be interrogated about.
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
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Second: the court must state the reasons why one of the litigants needs to be
interrogated, and it shall write that down in the session record.
Article -73First: if the court deems that the case requires no more interrogation or the matters
about which a litigant is to be interrogated are non-productive or impossible to be
proven, it may then turn down the interrogation request.
Second: the court may not proceed with the interrogation after it has ordered and
approved it if it becomes evident to the court that it is futile and unjustifiable.
Article -74If a litigant fails to attend for interrogation without an reasonable excuse or if he
attends, but refrains from answering, the court construe this behavior as a judicial
evidence that can help it resolve the case in the circumstances where proving by
testimony and judicial evidence are permissible10.
Article- 75First: a court may interrogate the permitted child about matters that he is allowed to do.
Second: a court shall interrogate juridical personalities though their legal
representatives.
Chapter Four
Testimony
Article -76It is permissible to prove a testimony in material events.
Article -77- 11
First: it is permissible to prove by testimony that a legal action has been taken or
completed if its value does not exceed 5000 Iraqi Dinars.
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
10
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
11
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Second: if the value of a legal action is more than 5000 Iraqi Dinars or unidentified, it
may not be proven by testimony that it has been taken unless by virtue of an agreement
or legal provision stating otherwise.
Third: the value of an obligation shall be estimated at the time the respective legal
action is taken, and not at the time when it is fulfilled. Therefore, if its value is not more
than 5000 Iraqi Dinars, it may be proven by testimony even though such value might
have exceeded 5000 Iraqi Dinars after adding interests and benefits.
Fourth: if the case includes multiple claims arising from different sources, each claim
whose value is not more than 5000 Iraqi Dinars may be proven by testimony, even
though the value these claims altogether is more than this value, or such value has been
generated by legal actions of the same nature by and between the litigants themselves.
The same provision shall apply to each fulfillment related to these claims whose value is
not more than 5000 Iraqi Dinars.
Article -78Legal actions may be proven by testimony even if the value of the action in dispute of
more than 5000 Iraqi Dinars if the principle of evidence in writing is found. The
principle of evidence in writing is any writing by a litigant that may cause the existence
of the right of claimant more likely probable that without it12.
Article -79-13
Legal actions may not be proven by testimony even if the value of the action in dispute
is more that 5000 Iraqi Dinars.
First: in what contradicts or goes beyond the content of written evidence.
Second: if the action in dispute is part of a right that may not be proven by testimony
even if this part is the remaining of that right.
Third: if one of the litigants claims a right of more than 5000 Iraqi Dinars and then
reconsiders his claim with the same right, but of a less value that that of 5000 Iraqi
Dinars.
Article -80If one of the litigants brings witnesses to prove his case, the other litigant may also bring
witnesses to rebut the case.
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
12
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
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Article -81When deemed necessary to establish the facts, the court may at its discretion summon
whoever it reckons necessary to hear his testimony in the circumstances where the
Evidence Law permits proving by testimony.
Article -82The trial court may regard a testimony at objective and personal levels, and it may
chose to adopt one of them depending on what it would elicit of the case circumstances,
provided that the court shall give reasons for its choice in the session record.
Article -83A person may not be a witness and claimant in the same time.
Article -84The court may rely on the testimony of one witness and the oath of the claimant if
convinced of its validity. It may furthermore reject the testimony of one or more
witnesses if not convinced in the validity of such testimony.
Article -85If the testimony does not conform to the case or the statements of witnesses are not in
harmony with one another, the court may rely on the part of the testimony which it is
convinced to be true.
Article -86The court may accept the testimony of mute, blind and deaf persons. The testimony of a
person for the action he has taken shall also be accepted.
Article -87Without the consent of another spouse, a spouse shall not divulge secrets or pieces of
information that the other spouse made known to him / her during or after the end of
the marriage.
Article -88Public servants or persons commissioned with public service may not divulge pieces of
information that have come to their knowledge unless such information has been
published by legal means and that the competent authority has not allowed such
dissemination vial its broadcasting station, even after leaving the work. However, the
competent authority may permit them to make a testimony upon request by the court
or one of the litigants.
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Lawyers, doctors, agents or other persons who, because of their professions, have
learned about a story or information may not divulge it even after the end of their tasks.
However, they must make a testimony, if requested by the person who made them
know about the story or information, or if such testimony would prevent the
commission of a crime.
Article -90Insulting a witness shall be regarded as insult to the court that would incur a civil and
criminal liability.
Article -91If the court decides to hear the witnesses who have been requested by one of the
litigants, the requesting litigant shall:
First: specify the stories to be proven by the testimony.
Second: specify the witnesses whose testimonies are to be heard, unless the nature of
the case requires otherwise.
Third: provide all information that would ensure that said witnesses can be notified
properly.
Fourth: refrain from requesting witnesses other than those he has specified in the first
instance, unless he provides a justification that would convince the court to request
more witnesses.
Fifth: pay the court accounting section a cash amount of money that would cover the
expenses of witnesses. If he cannot afford these expenses due to the fact that he is
financially in capable, the state shall bear the required expenses and would later charge
them to the party who loses the case.
Article -92First: witnesses shall be informed to attend by a notification note to be issued by the
court, provided that the notification shall be made reasonably prior to the date
designated to hear their testimonies.
Second: the notification letter shall include the names of witnesses, venue where the
witnesses need to attend, date and time of attendance.
Article -93First: if a witness is informed to attend and he failed to do so without a lawful excuse, he
shall be sentenced with a fine between not less than 250 Iraqi Dinars and not more than
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2000 Iraqi Dinars, provided that the court shall order to bring him by force through
policemen14.
Second: if the witness attends after having been fined and provides a lawful excuse, he
shall be exempted from the fine.
Third: the fining or exemption decision shall not be appealed.
Article -94First: the court shall ask the witness of his name, age, profession, place of residence and
his relationship with the litigants.
Second: the witness shall take the oath before hearing his testimony. If the witness
refrains from taking the oath or make the testimony required without a lawful excuse,
the court may decide to have him pay a fine of not less than 250 Iraqi Dinars15.
Third: each witness shall take the oath individually without the presence of the other
witnesses, whose testimonies have not been heard yet. The litigants may talk over with
the witnesses; provided the fact that the trial court shall overrule any question that
would make the witness believe that he is being asked to give particular answers.
Article -95First: a testimony shall be made orally. Written diaries may not be used unless on a
permission from the court if the nature of the case so requires.
Second: a person who is unable to talk may write his testimony or perform it by sign
language if unable to write.
Article -96First: no special form to make a testimony shall be required, neither shall its acceptance
be. A witness may only say whether or not he is aware of the story being the subject of
his witness.
Second: a witness shall make his statements continuously and without interruption by
any of the litigants.
Third: if the witness finishes making his statements, the court may ask him any
questions that it deems useful to establish the truth.
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
14
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
15
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Fourth: the litigants may afterwards ask their questions through the court, starting with
the litigant who requested the witness.
Fifth: a litigant may pose questions to the witness again after the other litigant has
already asked him questions. Question must be within the subject raised by the litigant.
The witness may not afterwards be re-asked questions and he will not be re-summoned
for testimony, unless by order of the court.
Sixth: the court may overrule questions that have no relevance to the case subject
matter. In this case, the court will write down the questions along with the overruling
decision taken thereon in the session record.
Seventh: answers of witnesses shall be written in the session record, and they will be
recited upon request by the witness or any of the litigants.
Eighth: the witness shall sign his statements. If he is unable to sign for a reason, the
court shall figure out a way, which will be fixed in the session record.
Article -97A witness may not make any conclusion about the story he has testified, even if he is
fully aware of the sequence of events related thereto.
Chapter Five
Presumptive Evidence and Authoritativeness of Judgments
Section One
Legal Evidence
Article -98First: Legal presumptive evidence is when the Legislature concludes an uncertain thing
from an established fact.
Second: Legal presumptive evidence shall be sufficient to the litigant in favor of whom it
has been construed, and no further evidence shall be needed in this respect.
Article -99First: an incident shall be added to its nearest times.
Second: the basic principle is to keep something as it was, and the basic principle for
contradictory qualities is nothingness.
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Third: a story firmly proven shall be acknowledged, unless contradictory evidence has
been found.
Article -100Legal presumptive evidence can be challenged by adverse evidence, unless the law
states otherwise.
Article -101It is permissible to accept acknowledgment in the oath for challenging decisive legal
presumptive evidence that does not accept proving otherwise in matters related to the
public order.
Section Two
Judicial Evidence
Article -102First: judicial evidence is when a judge elicits an indecisive matter from a decisive one
in a case before him.
Second: to the extent permissible to be proven by testimony, the judge may elicit any
evidence that is not determined by the law.
Article -103It is permissible to prove by judicial evidence in order to challenge a legal action if such
challenge is directed to cheating or fraudulence associated with the action.
Article -104A judge may make use of means of scientific progress in the elicitation of legal evidence.
Section Three
Authoritativeness of Judgments
Article -105Final and binding judgments issued by Iraqi courts are authoritative to establish the
rights for which they have been issued, if the litigants have united and their
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characteristics have not changed and the dispute is related to that same right in cause
and effect.
Article -106No evidence vetoing final and binding judgments shall be accepted.
Article -107A civil judge shall not deal with a criminal verdict except in the matters on which that
verdict has been issued, and where his intervention is a must.
Chapter Six
Oath
Article -108First: an oath taker shall say (I swear to God Almighty), and follow the pattern approved
by the court16.
Second: a person who is put to oath may take it according to the patterns dictated by his
religion, if he so requests.
Article -109Oath shall be taken before the court, and declining the oath outside the court shall not
be considered.
Article -110A mute’s oath-taking or declining shall be by his known sign or writing if able to write.
Article -111First: the request to put to oath shall include waiving the right to request other types of
proving methods insofar as it is related to the case in question, if the requesting litigant
insists that oath is to be taken.
Second: a litigant requesting oath-taking may reconsider his request before the other
litigant takes the oath.
Third: decisive oath may not be taken before the Court of Cassation; neither shall it be
postponed until after the case has been adjudicated in cassation.
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
16
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Article -112The public prosecution may request to put a party to a case to oath, but it shall not carry
it out.
Article -113If there is more than one oath-taking request in the same case, the court may accept one
oath, which should suffice the purpose.
Article -114First: by permission from the court, each of the litigants may request to put the other
litigant to take the decisive oath.
Second: a decisive oath is the oath that terminates the case.
Article -115First: a litigant who wants to put the other litigant to oath must detail the matters for
which he wants the oath to be taken. The oath may adjust the oath pattern to fit the
matters for which oath is required to be taken.
Second: the court may refuse to put a litigant to oath if the other litigant is abusive in
requesting it.
Article -116First: a decisive oath can be requested at any stage the case may be, but it may be
requested for an infraction against public order and decencies.
Second: the litigant who is aggrieved by an infraction against public order and decencies
may request to put the other litigant to oath.
Article: -117If a person takes the oath for his action, he shall take it for decisiveness, but if he takes
the oath for another person’s action, he shall take it for indecisiveness.
Article -118If a litigant is unable to prove his claim or rebuttal, the court shall ask him whether or
not he want to have the other litigant take the oath. If he requests oath-taking and the
other litigant is present, the court shall put him to oath. If the litigant to take the oath is
absent, the court may issue a judgment in absentia pending the denial of oath-taking
upon objection. This procedure shall be taken by the court upon a request from the
litigant even if the other litigant has attended some of the sessions of the proceedings.
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First: subject to the provisions of Article 118, if a litigant argues that the oath-taking is
not possible or is irrelevant to the case subject matter, the court may reject his
argument and further decide to put him to oath, provided that it should state it its
decision the oath pattern to be taken. The litigant put to oath must take it or rebut it to
the other litigant, as otherwise he shall be considered a denier.
Second: the oath may not be rejected if it is relevant to a matter not attributed to the
two litigants, but only the one put to oath.
Third: if a litigant put to oath denies it without rebutting it to the other litigant and any
other parties involved, he shall lose what the oath has been requested for.
Fourth: a litigant may not prove that an oath is false after it has been taken by the other
litigant who has been either put to oath or rebutted against him, provided that if the
oath is proven to be false by virtue of a criminal verdict, the litigant aggrieved thereby
may claim compensation, without prejudice to any other rights that he would retain in
terms of challenging the judgment that has been issued in disfavor of him due to the
false oath.
Fifth: an oath shall not be taken in the absence of the litigant requesting it.
Sixth: an investigative judge may not proceed with taking legal procedures about a false
oath-taking accusation unless by permission from the trial court17.
Article -120The court may at its discretion put a litigant who does not have full evidence to the
supplementary oath, so that it can afterwards build up its judgment in the case subject
matter or in the value of the matter being adjudicated.
Article -121It is stipulated that a supplementary oath shall be requested when there is no full
evidence, and that the case must not be empty of any evidence.
Article -122First: unless the value claimed can be determined by other means, the court may not put
the claimant to supplementary oath to determine the value being claimed.
Second: In this case, the court shall determine the maximum of the value for which the
claimant shall tell the truth in the oath-taking.
Article -123-
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
17
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The litigant put to oath by the court may not rebut it against the other litigant.
Article -124The court will at its discretion put litigants to oath in the following circumstances18:
First: if a person claims that he has a right in a legacy which he can prove, the court will
put him to oath to make sure that he has not collected that right neither by himself nor
third parties from the deceased person, and that there has been no discharge or transfer
to a third party, and that he has not received his debt from a third party and the
deceased person has no mortgage against that right.
Second: if a person is entitled to a property which he can prove, the court will put him to
oath to make sure that he has not sold this property, granted it to a third party and
dispossessed it in any form whatsoever.
Third: if the buyer wants to return the sold object due to a defect, the court will put him
to oath that he was not satisfied by the defect explicitly or implicitly
Chapter Seven
Inspection
Article -125The court may at its discretion or upon a request by one of the litigants decides to move
to inspect the disputed subject or appoint one of its judges to inspect or bring the
disputed subject before the court on a session designated for this purpose, whenever
the court reckons that this procedure will serve justice.
Article -126Inspection on properties and persons shall be rejected, but the following shall be taken
into consideration:
First: inspecting a person must be conducted with all due diligence to ensure full
respect to the person to be inspected.
Second: the court must request the assistance of an expert to inspect a person if the
inspection involves special scientific or technical knowledge.
This was amended by Law No. 46 of 2000, which is published in the Iraqi Official Gazette No. 3837 on
31/7/2000.
18
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Article -127The court shall organize an inspection record wherein notes shall be written without
putting its impressions about the inspection or its own opinion. Each of the concerned
parties may obtain a certified copy of the inspection record.
Article -128The court may reconsider its decision to conduct inspection if it finds in the case
elements what would suffice it to make an opinion, provided that it shall give reasons in
the session record why it has reconsidered its inspection decision.
Article -129Unless a reasonable excuse would prevent doing so, the court must designate a period
not exceeding two weeks to conduct the inspection.
Article -130The court may appoint an expert to request his assistance when conducting the
inspection. The court may hear any person that it would deem necessary to clarify the
matter being inspected, provided that calling those persons to appear before the court
shall be by any method the court would deem appropriate.
Article -131The court may regard the inspection report a reason on which it passes its judgment.
Chapter Eight
Expertise
Article -132Expertise shall deal with scientific, technical and other matters, which are not classified
as legal by nature, required to decide on a given case.
Article -133If the case subject matter requires the assistance of experts, the court shall request the
two litigants to agree one or more experts, provided that their number must be odd,
including those whose names are on the list of experts or maybe whose names are not
on that list. If the litigants do not agree a certain expert, the court will appoint one.
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First: if experts selected are not from those on the list of experts, the court must explain
why such selection has been made.
Second: if the expert is not on the list of experts, he shall need to swear an oath prior to
commencing his job that he will carry out his duty with honesty and sincerity. If the
court forgot to have him swear the oath in the first instance and that he completed his
job as required, the court shall have to make him swear the oath that he has performed
his job honestly and sincerely.
Article -135First: a litigant requesting the appointment of an expert must give reasons why he
wants such appointment and what effects it will have on the case. He will also need to
state the nature of work of the expert so that the court can verify that the request if of
value in the case.
Second: the court may reject the request of the litigant to appoint an expert if it sees
that such appointment has no relevance to the case, provided that its decision to this
effect must be substantiated by reasons.
Article -136The litigants may request the recusal of the expert appointed by the court considering
the case. The court shall decide on this request by decision that cannot be appealed
unless after the issuance of the decisive decision on the case, and in this case the same
procedures for the recusal of judges shall apply in the recusal of experts.
Article -137The decisions to appoint an expert shall include the following data:
First: the name of the expert, his profession and other information indicating his
identity.
Second: matters that require his assistance as an expert and measures he shall be
authorized to take when necessary.
Third: the time when he is expected to accomplish the mission assigned to him.
Fourth: the amount of money to be deposited with the court account section as fees for
and expenses incurred by the expert, and the name of the litigant to deposit the amount
and the amount to be spent in advance.
Article -138The court may appoint one or more experts to express their opinions to the court
without the need to provide a report, and in this case, the opinion of the expert shall be
written in the session record and it will be signed.
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Article -139First: if the litigant assigned to deposit the amount required with the court account
section does not do so, the other litigant may deposit said amount, without prejudice to
his right to claim that amount from the litigant who was in the first place assigned to do
so.
Second: if the two litigants do not deposit the amount requested, the court may consider
that both have disregarded the matter of requesting expert’s assistance.
Third: if the court deems it necessary to request the assistance of experts to decide on
the case and reach a fair judgment thereon, it may request their assistance and pay
them their fees from the court account section, provided that the litigant who loses the
case shall bear these fees.
Article -140First: the court may take the report of an expert as a reason for its judgment.
Second: the opinion of an expert does not restrict the court. If the court adjudicates
contrary to the expert’s opinion, it must include in its decision the reasons why it has
not taken part or all of the opinion of the expert into consideration.
Article -141First: the court shall estimate the fees of the expert depending on the importance of the
case, works he has performed and time that has taken him to complete the assignment
attributed to him.
Second: the expert shall collect his fees from the amount deposited with the court
account section. If this amount is not enough, the court will order the litigant who
requested the assistance of the expert or the litigant in favor of whom the case ended to
pay off the rest of the money within a designated period of time. If said litigant refrains
from paying of the amount required, the court shall then pay it from its account section
provided that it shall collect it by execution from the litigant who lost the case.
Article -142The expert shall begin his work even in the absence of the litigants who have been
properly informed. Unless the nature of the work of the expert requires that he
performs it unsupervised, the expert shall commence his work under the court
supervision.
Article -143First: the expert shall write a record about his assignment including the litigant’s case,
and the statements and notes of those attending, and the activities he has carried out
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and the statements of those who were required to talk, provided that no oath shall be
taken in this regard.
Second: litigants shall sign for their statements and notes and other persons shall sign
for the statements they make. If any one of them refrains from signing, the expert shall
mention this in the record.
Article -144First: the expert shall write a report signed by him whereby he summarizes the mission
assigned to him.
Second: this report shall include all the matters that have been reached and the reasons
on which the expert has reached his opinion.
Third: if the experts have expressed different opinions, the opinion of each shall be
written in the report with reasons.
Fourth: the expert shall submit his report and record to the court, provided that a copy
thereof shall be given to the litigants requesting it.
Article -145First: the court may at its discretion or upon request by the litigants decide to summon
the expert to attend the session if it reckons that his report is inadequate or if the court
wants to have him clarify certain matters that are necessary to decide on the case.
Second: the court may ask the expert any questions that it deems useful to decide on the
case. If the court finds that the clarifications are insufficient, it may order the expert by
an additional report to avoid mistakes and inadequacy in his work or it may task
another expert with the assignment in question.
Article -146The litigants may challenge the report objectively and subjectively, provided that the
challenge must be reasoned. The court may decide what it deems appropriate in this
regard. The decision of the court cannot be appealed unless after a decisive decision on
the case has been issued.
Part Three
Final Provisions
Article -147-
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First: Article (13) and Part Six including Articles (444- 505) of the Iraqi Civil Code No.
40 of 1951 are hereby repealed.
Second: Articles (9 and 81) of Part Nine including Articles (98- 140) of the Civil
Procedures Code No. 83 of 1969 are hereby repealed.
Third: Articles (37, 38 and 41), Articles (103- 107) and Article (564) of the Trade Law
No. 149 0f 1970 are hereby repealed.
Fourth: any text contradicting the provisions of this Law shall hereby be repealed.
Article -148The provisions of this Law shall apply to all cases on which no final and binding decision
has been issued.
Article -149This Law shall be published in the Official Gazette and it will enter into force after thirty
days of its publication.
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Justifying Reasons
-
In implementation of the provision of the Legal System Reform Law No. 35 of
1971, stipulating the standardization of evidence provisions in civil and
commercial matters in a special law with bases to simplify the formalities and to
establish the principle of equality between litigants, this Law has been put in a
manner aiming to put foundations to spread justice between people and realize
equality among them in rights and duties, giving the judiciary, being one of the
state institutes, a positive role in conducting the proceedings of a case, and
deliver the rights of citizens via the easiest and fastest ways,
-
Given that the provisions of this Law have specialized in civil evidence and not
criminal evidence, as the latter has its special qualities requiring its separation
from the civil evidence,
-
Because this Law has come up with procedures of proving before the judiciary
that will make it easy to disregard strict formalities that characterize the
procedures in other laws, which impede a quick resolution of cases,
-
As for the proving methods, this law has adopted the moderate direction from
among other restricting proving systems, and thus focused on identifying the
proving methods and in the same time made the judge assume a positive role in
estimating the evidence as well as in the self-motion to reach a fair judgment and
quick resolution, and built all this on what needs to be available in the judge of
confidence to be granted by the Legislature,
-
Given that the new Law has come up with new rules that are proportionate with
the objectives it has aimed to achieve, and it has given the trial judge the full
power to estimate the validity of a testimony objectively and subjectively, and it
also permits the court to benefit from the scientific progress in the elicitation of
evidence and allow it in the same time to reject the decisive oath if not pertinent
to the person requested to take it and giving the court the authority to adjust the
oath pattern,
for the forgoing and in observation to facilitate the procedures for the judiciary
and all those who deal with the judiciary and all citizens to know about the rules
of civil evidence, which are gathered in one code, and in observation of how the
legislation of the Revolution must be including but limited to consistency of
provisions and legal drafting,
this Law has been enacted.
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