The Impact of the Codification of the Saudi Evidence Law on the Treatment of Digital Evidence in Saudi Courts

Abstract

A crucial element in the process to reach final judgment in Saudi Arabian courts has been the definition of evidence and the determination of its reliability. This persistent problem has been exacerbated by several factors, including the idea that digital evidence is less significant than other forms, the lack of formal regulations for its authentication and reliability, no formal efficient ways of assessing its relevance and admission, and the potential for compromised integrity due to the vulnerability of digital evidence to alteration or falsification. Given that digital evidence is very common in the modern legal environment, it is important to better understand its impact on the length of Saudi Arabian court proceedings. Recognition of the importance of evidence law as a fundamental element of the Kingdom’s Vision 2030 goals for transforming its legal system resulted in a comprehensive 2022 Evidence Law that governs all the means of proof in civil and commercial transactions. Importantly, the utilization and regulation of digital evidence in court proceedings is included in this law, as it marked the first time in Saudi legal history that digital evidence has been formally recognized as an admissible means of proof before the courts. However, despite the 2022 Evidence Law’s promise and capacity to reduce the length of court proceedings, there has been little research that evaluates its role in doing so, particularly in regard to the use of digital evidence. This study sought to gather qualitative data from Saudi legal professionals who are directly involved in the application of the law regarding their experience with the consequences of the 2022 Evidence Law’s impact on the admission of digital evidence, the discretionary power of judges to evaluate such evidence, and the length of court proceedings. then The data were analyzed using Braun and Clarke’s thematic analysis framework. The qualitative method was chosen for this study because direct data collection from legal professionals provided real-world examples of the problem of lengthy court proceedings and the use of digital evidence in the legal proceedings within the context of the 2022 Evidence Law. Findings in this study were that Saudi Arabian legal professionals perceived the new Evidence Law as a major reform that has contributed to less lengthy court proceedings, higher rates of digital evidence admission, and affected the discretionary power of judges in several ways. It has narrowed judges’ discretion in determining admissibility by explicitly specifying which forms of evidence are acceptable. Also, reduced judicial flexibility in granting litigants additional time to submit evidence. At the same time, judges retain authority to assess the weight and the probative value of admitted evidence in relation to the facts of a case. Recommendations for further improvement in the use of digital evidence in court proceedings included making improvements to the Najiz electronic judicial submission platform. Future research opportunities in this topic include comparative studies of the adaptation of the Saudi Arabian 2022 Evidence Law in other Islamic nations, an examination of technological issues in the Najiz system, and an investigation into the potential use of the law in criminal cases. Overall, the study contributed to the growing body of knowledge in English about reforms to the Saudi Arabian legal system, the practical uses of the 2022 Evidence Law, and real-world data about the use of digital evidence in the Saudi courts.