Law of Evidence at Jordan
Jordan's legal framework for the law of evidence is primarily governed by Law No. 30 of 1952 on Evidence, which has undergone various amendments to adapt to societal and technological changes. This law outlines the types of evidence admissible in Jordanian courts, including written documents, oral testimony, and physical evidence. Notably, it has been updated to accommodate the increasing role of electronic evidence in legal proceedings.
Key Provisions of Jordanian Evidence Law
1. Types of Admissible Evidence
Written Documents: These are considered strong evidence, especially in contractual matters.
Oral Testimony: Witnesses may testify in court, and their statements are subject to cross-examination.
Physical Evidence: Objects related to the case can be presented to the court.
Electronic Evidence: With the rise of digital communication, electronic records such as emails, digital documents, and data from electronic devices have become increasingly significant. Jordanian law permits the use of electronic evidence, provided it meets authenticity and relevance criteria. The burden of proof lies with the party presenting the electronic evidence to establish its credibility . ((PDF) Electronic Evidence Methods in Jordanian Law)
2. Testimony and Witnesses
Witness Testimony: Witnesses are required to take an oath before testifying. The court assesses the value of their testimony, considering factors like consistency and credibility .
Refusal to Testify: If a witness refuses to testify without legal justification, they may face penalties, including fines or imprisonment . (UNODC – UN Office on Drugs and Crime (Author): “Penal Procedure Law No. 3 of 2001”, Document #1344293 - ecoi.net)
3. Admissibility of Evidence
Relevance and Authenticity: All evidence must be pertinent to the case and authentic.
Burden of Proof: The party introducing evidence has the responsibility to prove its authenticity and relevance.
Electronic Evidence: While electronic evidence is permissible, it must meet specific conditions to be admissible, including demonstrating that it has not been altered and is relevant to the case . ((PDF) Electronic Evidence Methods in Jordanian Law)
Recent Developments
In recent years, Jordan has made efforts to modernize its legal system to accommodate technological advancements. This includes considering the adoption of international standards, such as the UNCITRAL Model Law on Electronic Evidence, to provide a clearer framework for the admissibility of electronic records . ((PDF) Electronic Evidence Methods in Jordanian Law)
Conclusion
Jordan's evidence law provides a comprehensive framework for the admissibility of various types of evidence in legal proceedings. While traditional forms of evidence like written documents and oral testimony remain central, the increasing role of electronic evidence reflects the country's efforts to adapt to technological advancements. Legal professionals and parties involved in legal proceedings in Jordan must ensure that all evidence presented complies with the established legal standards to be considered admissible in court.
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