Witness Testimony as Evidence in Civil and Commercial Disputes
Explore the rules for admitting witness testimony in Kuwaiti courts and when it may serve as primary or supplementary evidence.
Evidence, Enforcement & Companies · By Fahad Alhaddad Law Firm · Published 2026-09-28 · Updated 2026-09-28
Witness testimony remains a recognised means of proof in disputes where sufficient written documentation is unavailable. The Civil and Commercial Procedure Law (Decree-Law No. 38 of 1980) specifies the circumstances in which courts admit oral evidence.
When Does the Court Admit Witness Testimony?
Testimony is generally admitted to establish factual events that are difficult to prove in writing, or where a moral or practical impediment prevented written evidence from being obtained.
In commercial matters, restrictions may be somewhat less stringent because transactions are often conducted quickly. However, the general principle remains that written evidence should be submitted.
Requirements for Witnesses Under Kuwaiti Law
A witness must have full legal capacity and be able to testify to facts they personally saw or heard, rather than information relayed by others.
The court assesses the witness’s honesty and impartiality and may ask questions to verify the truthfulness of their account.
Procedures for Hearing Witness Testimony
The witness is summoned to attend the scheduled hearing and takes an oath before giving testimony. This is an essential procedural requirement for the validity of the testimony.
The opposing party may examine the witness and ask questions to expose inconsistencies or establish a lack of impartiality.
The Difference Between Testimony and Presumptions
Testimony is direct evidence, whereas presumptions are inferences the court draws from known facts to establish an unknown fact.
A skilled lawyer knows when to ask the judge to hear witnesses to strengthen their client’s position.
Preparing for a Witness Hearing
If you need to rely on witnesses, they should be prepared by ensuring that they have an accurate understanding of the facts, without coaching them on what to say.
At Fahad Al-Haddad Law Firm, we provide the consultation needed to assess whether calling witnesses would be useful in your case.
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This article is general information, not legal advice, and does not replace consultation with a lawyer licensed in Kuwait. The official Arabic legal texts prevail over any English explanation.