Kuwait Court of Cassation principle number 264

Summary: - The trial court considers the dispute in light of the evidence and documents submitted to it. It is not obliged to require the litigants to submit evidence of their defense or to draw their attention to the requirements of that defense. Documents and defenses submitted by one litigant during consideration of the action, whether in the other litigant’s presence or absence, are considered part of the case papers, placed before the court for examination, and may be relied upon against him without the need for service thereof. The court may rely on them in its ruling so long as they have been attached to the case file. The reason: the litigant’s obligation to follow his action, what is submitted therein, and the defenses raised therein. Rule: It is established in the jurisprudence of this Court that what is established according to the accepted principles of evidence is that the litigant, whether plaintiff or defendant, bears the burden of furnishing evidence of the fact he alleges, and that the trial court considers the dispute only in light of the evidence and documents submitted to it. It is not obliged to require the litigants to submit evidence of their defense or to draw their attention to the requirements of that defense. Documents and defenses submitted by one litigant during consideration of the action and the following of its progress, whether in the other litigant’s presence or absence, are considered part of the case papers upon which the court may rely in its ruling so long as they have been attached to the case file. In that case they are considered placed before the court for examination and may be relied upon against the other litigant without the need to serve him with them, because each litigant is expected to follow his action and acquaint himself with the defenses raised therein and the papers submitted. Where the court, within its discretionary authority, considers it appropriate to adopt the report of the expert appointed in the action because it is convinced of the correctness of its reasons, it is not thereafter obliged to respond separately to the challenges directed against it, because adopting it together with its reasons implies that it found nothing in those challenges deserving a response beyond what the report contained.