الضوابط القانونية لحصر البينة في القضايا الحقوقية البدائية وفقا لقانون أصول المحاكمات المدنية الأردني

Abstract EN

The Jordanian law recognizes the principle of determination of evidence to solve the problem of delayed justice resulting from the submission of evidence.

The basis of this principle is that the right to submit the evidence is a mean of exercising the right of defense in litigation.

The law recognizes and governs such a right This principle means that each party is compelled to determine all means of proof and present it at once attached to his writ which is lodged with the court.

The Jordanian law recognizes this principle by compelling each party to submit all evidence in the written Portfolio, including a list of existing evidence in the hands of others, and the explanatory note of the facts which will be proved by witnesses.

It also determines specific dates to submit the evidence that the litigant's right will be waived if he does not lodge such evidence during the time.

The litigant will be deprived from the right to complete his evidence if he does not submits such evidence during the time provided by law.

In other words, the addition of evidence is not allowed before the Court of First Instance and the Court of Appeal.

However, the court still retains a discretionary power regarding the admission of additional evidence.

The defendant, who does not comply with the procedures and time deadline for submission of his answer and evidence, still has the right to direct the decisive oath, make a final pleading including his objections to the evidence of the plaintiff.

The study was divided into three sections, the first address the basis of determining the evidence.

The second section determines the legal means to limit the evidence, and the third section demonstrate the effects of failure to comply with the rules of determining the evidence.

The study concluded a number of findings and recommendations including the possibility to provide a defendant with a right to complete his evidence as long as the deadline to provide the answer and its annexes is available.