Law of Evidence at Egypt
In Egypt, the Law of Evidence governs how facts are proven in legal proceedings, especially in civil and commercial cases. The key legislation is:
Egyptian Law of Evidence – Law No. 25 of 1968
Here are the main features of the law:
🔹 1. Types of Evidence Recognized
Written Evidence: The most favored form; contracts and obligations must generally be in writing if they exceed a certain value.
Witness Testimony: Permitted but subject to limitations in civil/commercial matters.
Presumptions: Legal or judicial presumptions can replace direct evidence.
Admissions: Statements by a party against their own interest are admissible.
Expert Reports: Often used in technical matters; appointed by the court.
Oaths: Judicial oaths may be required to establish certain facts.
🔹 2. Burden of Proof
Lies on the plaintiff (the person making the claim).
The defendant must provide counterproof if they deny the plaintiff's claims.
🔹 3. Evidentiary Value of Documents
Official Documents (issued by a public officer) have full evidentiary power.
Private Documents (between individuals) are valid if both parties acknowledge them.
Unacknowledged documents require handwriting verification or other proof.
🔹 4. Limitation on Oral Evidence
Oral testimony is not always accepted in commercial matters or when written proof is legally required (especially in contracts above certain amounts).
🔹 5. Role of the Judge
Judges have discretion in interpreting evidence but must follow rules on admissibility and burden of proof.
Notes:
Egyptian evidence law is based on civil law tradition, influenced by French law.
In criminal cases, the rules of evidence follow separate procedures under the Egyptian Criminal Procedure Code.
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