APPLICATION OF ELECTRONIC EVIDENCE RULES IN CIVIL AND COMMERCIAL LITIGATION IN SAUDI ARABIA

Abstract

The increasing use of digital technologies in commercial and civil transactions has led to a growing reliance on electronic evidence in judicial proceedings. In response to these developments, Saudi Arabia has introduced legislative reforms, most notably the Evidence Law and related regulations, to regulate the admissibility and evaluation of electronic evidence. Despite this legal framework, questions remain regarding how these rules operate in judicial practice. This study examines the application of electronic evidence rules in civil and commercial litigation in Saudi Arabia. It combines doctrinal legal analysis with qualitative empirical research in order to explore both the legal framework governing electronic evidence and its practical implementation in the courts. The doctrinal component analyzes the relevant statutory provisions and their relationship to evidentiary principles in Islamic jurisprudence. The empirical component relies on qualitative interviews conducted with judges and attorneys who have professional experience in civil and commercial litigation. The findings suggest that Saudi law formally recognizes electronic evidence as a legitimate means of proof and adopts a generally flexible approach to admissibility. At the same time, the practical evaluation of electronic evidence often depends on judicial discretion, technical understanding, and contextual interpretation. The study further identifies a range of procedural and practical challenges in the judicial handling of electronic evidence. Together, these findings contribute to a clearer understanding of how electronic evidence operates within contemporary Saudi judicial practice.