Written Evidence in Kuwait’s Civil and Commercial Disputes

The Difference Between Official and Private Instruments

Documents are classified as official or private instruments. Official instruments are those authenticated by a competent public official acting within the scope of their authority. They have conclusive evidentiary force regarding the acts recorded in them that the official performed or that took place in their presence.

Private instruments, by contrast, are documents signed between individuals. Their evidentiary strength rests on acknowledgment by the other party or on legal procedures that give them an established date.

Requirements for Strong Written Evidence

For a document to be relied upon as evidence, it must be clear and bear the parties’ signatures. A signature expresses intent and acceptance of the obligations stated in the document.

Care should be taken to retain original documents, as Kuwaiti courts always prefer to examine the originals when forgery is alleged or authenticity is denied.

The Lawyer’s Role in Reviewing Evidence

Simply submitting documents is not enough. They must be organised and presented within legal submissions that explain the connection between each document and the obligation sought to be enforced.

A lawyer helps assess whether the available documents are sufficient and determines whether it is necessary to request the questioning of a party or a referral to experts.

Common Mistakes in Document Retention

Losing original contracts or relying on unclear photocopies are serious mistakes. Separate files should be maintained for each contractual arrangement.

Failing to date or sign correspondence makes it difficult to establish when an obligation arose, which may affect the progress of the case.

The Importance of Legal Expertise in Establishing Proof

In complex disputes, the court may need to appoint an accounting or technical expert to assess the documents. This is where Fahad Al Haddad Law Firm guides the client through the process.

We help you ensure that every document submitted supports your case and strengthens your legal position before the courts.

Frequently asked questions