Witness Testimony In The UAE: Practial Guidance

Witness testimony can be important where a dispute turns on events, conversations, conduct, or facts that are not fully recorded in writing. This is particularly common in family and divorce disputes, where the contested facts may concern treatment between spouses, conduct inside the home, conversations, living arrangements, or the care of children. In such cases, witness testimony may help the court assess what happened. However, it has its has limits. It is not available in every dispute, it is not a substitute for documents where written evidence is required, and it must be based on what the witness personally saw, heard, or knows. Where witness evidence is inaccurate, exaggerated, coordinated, or false, it may weaken the underlying case and expose the witness to criminal consequences.

When Witness Evidence May Not Be Enough

In civil and commercial disputes, parties sometimes seek to rely on witnesses to prove debts, loans, verbal agreements, payment obligations, settlement terms, or other commercial arrangements. That approach has limits.

Under Article 66 of Federal Decree-Law No. 35 of 2022 on Evidence in Civil and Commercial Transactions, where the transaction exceeds AED 50,000, or where its value is indefinite, the transaction must generally be proved in writing. Witness testimony will usually not be su icient to prove the existence or termination of that transaction unless an agreement or legal provision allows otherwise.

For example, if a person lends a friend AED 100,000 without a written acknowledgment, repayment message, security cheque, or other written evidence, they may face di iculty proving the debt later. In a claim exceeding AED 50,000, it will generally not be enough to call witnesses to say they were present when the money was handed over or that they heard the friend promise to repay it, unless a recognised exception applies.

In practice, parties should ensure that important financial or commercial arrangements are recorded in writing. Relevant evidence may include contracts, invoices, purchase orders, delivery notes, emails, WhatsApp messages, bank statements, payment confirmations, receipts, cheques, signed acknowledgements, or other written or electronic records.

The AED 50,000 Rule

Where witness testimony is permitted, it should be limited to matters personally seen, heard, or directly known by the witness. A witness should not give evidence based on assumptions, speculation, or a version of events communicated by one of the parties.

From a practical perspective, a witness should be able to answer three basic questions:

• What did they personally see or hear?

• When and where did it happen?

• How do they know the fact they are testifying about?

Preparing Witness Evidence

A good legal advisor helps a witness understand the process, identify the facts within their personal knowledge, and avoid speculation. Improper guidance risks producing evidence that appears artificial, coordinated, or unreliable.

A witness statement should not be drafted in a way that causes the witness to adopt language, allegations, or conclusions that do not reflect their own recollection. If multiple witness statements use materially identical wording, sequence, or phrasing, this may invite scrutiny.

Challenging Witness Evidence

A party against whom witness evidence is given may challenge the witness or the testimony. The court may consider the witness’s conduct, credibility, relationship with the parties, interest in the dispute, and the wider circumstances of the case. This is reflected in Article 81 of the Evidence Law.

Procedurally, this is usually raised within the same proceedings. The opposing party may challenge the witness evidence through its written memoranda or submissions by identifying contradictions, submitting contrary documents, and asking the court to give the testimony limited weight or disregard it.

Witness credibility may be challenged where the evidence is inconsistent, unsupported by documents, contradicted by objective records, or appears rehearsed. A witness may also be challenged where they have a personal interest in the outcome or a close relationship with one of the parties.

When False Testimony Becomes a Criminal Matter

There is an important distinction between an unreliable witness and a false witness. A witness may be mistaken about dates, confused about sequence, or unable to remember details clearly. That may affect credibility, but it does not necessarily amount to a criminal offence.

The risk increases where the evidence shows deliberate falsehood. Examples may include claiming to have witnessed an event that did not occur, saying the witness was present when they were not, concealing material facts, denying the truth, or repeating a fabricated version of events under oath.

If the court finds during proceedings, or when issuing judgment, that a witness has given false testimony, Article 82 of the Evidence Law provides that a report shall be prepared and referred to the Public Prosecution for necessary action.

At that stage, the issue is no longer limited to the weight of the witness evidence in the original case. The witness may become the subject of a separate criminal investigation.

False testimony is criminalised under Article 302 of Federal Decree-Law No. 31 of 2021 Promulgating the Crimes and Penalties Law.

The offense applies where a person gives false testimony under oath before a judicial authority or competent panel, denies the truth, or conceals all or part of what they know about the facts of a case. The basic penalty is incarceration for a period of not less than three months. If the false testimony occurs during the investigation or trial of a felony, the penalty is temporary imprisonment. If the false testimony results in a judgment imposing the death penalty or life imprisonment, the false witness may face the same penalty.

Deportation Risk for Expatriate Witnesses

For expatriates, a criminal judgment may have immigration consequences. Article 126 of the Crimes and Penalties Law provides that if a foreign national is sentenced to a freedom-restricting penalty for a felony, deportation is mandatory. In misdemeanour cases, the court may order deportation, or may order deportation instead of the freedom-restricting penalty, unless the law provides otherwise.

Accordingly, an expatriate convicted of false testimony may face not only imprisonment, but also possible deportation depending on the classification of the offense, the sentence imposed, and whether deportation is mandatory or discretionary. Where a person has been convicted of false testimony, legal advice should be obtained promptly. The available options will depend on the procedural stage, the evidence relied upon, the classification of the offence, the sentence imposed, and whether any deportation order is mandatory or discretionary.

An experienced UAE lawyer may assist by:

• appealing the conviction;
• appealing the sentence;
• challenging the evidential basis of the finding;
• seeking mitigation of the penalty;
• arguing against discretionary deportation where legally available; or
• seeking removal or amendment of a deportation order on appeal.

Practical Guidance

1. Parties should not rely on witness evidence without first considering whether the relevant fact can legally be proved by testimony. In civil and commercial claims involving transactions above AED 50,000, written and electronic evidence will usually be central.
2. Witnesses should give evidence only on facts personally known to them. They should not repeat a prepared version of events, speculate, exaggerate, conceal material information, or give evidence based on what another person told them.
3. A lawyer should test witness evidence before relying on it. Dates, locations, documents, communications, travel records, inconsistencies, and objective evidence should be reviewed in advance. A witness who appears unreliable may weaken the underlying case. A witness who gives false testimony may face criminal prosecution.

Conclusion

Witness evidence can assist a UAE court case, but it has limits. In civil and commercial matters, documentary evidence may be required, particularly where the relevant transaction exceeds AED 50,000. Where witness testimony is permitted, it must be based on direct knowledge and capable of withstanding scrutiny.

A properly prepared witness statement can support a case. An unreliable or false witness statement can hurt it. False testimony may result in referral to the Public Prosecution, criminal proceedings, imprisonment, and, for expatriates, possible deportation.