Disputes & ResolutionExpert Witness
Synonyms: Court-Appointed Expert، Technical Expert، Expert Adviser، Judicial Expert
Last updated: 2026-09-25
Short Definition
An expert witness — in the Saudi system simply “the expert” (khabir) — is a person with specialised technical knowledge, such as an engineer, property valuer or accountant, whose opinion is sought on technical questions the court must resolve but cannot assess itself, such as the cause of a water leak, the fair rental value or the cost of repairing damage.
Overview
An expert witness — in the Saudi system simply “the expert” (khabir) — is a person with specialised technical knowledge, such as an engineer, property valuer or accountant, whose opinion is sought on technical questions the court must resolve but cannot assess itself, such as the cause of a water leak, the fair rental value or the cost of repairing damage. The expert differs from an ordinary witness, who testifies to facts he saw or heard: the expert provides a reasoned technical analysis and opinion rather than testimony about an event.
The Law of Evidence governs expert evidence in its tenth chapter (Articles 110–124). The court — on its own motion or at a party’s request — decides to appoint one or more experts, matching expertise to the subject of the dispute, and if the parties agree on an expert the court endorses their choice (Article 110). The appointment decision must define the expert’s task and powers precisely (Article 111); before starting, the expert must disclose any relationship with or interest in the parties (Article 113); a party may seek the expert’s recusal where there is reason to doubt his impartiality, with the request decided within three days (Article 114). The expert prepares a report setting out the task, the work done, the parties’ statements and documents, his analysis, opinion and reasons (Article 117), and the court may summon him for questioning or appoint another expert to fill gaps (Article 120).
The judge has the final word. The expert’s opinion does not bind the court unless the parties agreed in advance to accept it, and if the court departs from it in whole or in part it must state its reasons in the judgment (Article 121); the losing party bears the expert’s fees (Article 122). For simple technical points the court may take an oral opinion (Article 123), or rely on an expert report from another case while preserving the parties’ right to challenge it (Article 124). Consultant reports a party commissions on its own are weighed by the court as part of the evidence and do not replace a court-appointed expert where the court considers one necessary.
⚖️ Legal Basis
Law of Evidence, Royal Decree No. M/43 dated 26/5/1443H: Chapter Ten “Expertise” (Articles 110–124), including Article 110 (appointment and party agreement), Article 114 (recusal), Article 118 (warning, removal and fines), Article 121 (the court is not bound by the expert’s opinion) and Article 122 (the losing party bears expert fees). The Accredited Valuers Law, Royal Decree No. M/43 dated 9/7/1433H, under which the Saudi Authority for Accredited Valuers regulates the valuation profession. The Execution Law (M/53 dated 13/8/1433H), under which the execution judge appoints a certified appraiser to value assets subject to execution (Article 36).
💡 Practical Example
A tenant of a Jeddah apartment sues the landlord for SAR 15,000 for furniture ruined by a recurring water leak; the landlord argues the leak was caused by her misuse of the bathroom. The court appoints a specialist engineer, sets his fee at SAR 6,000 and orders the landlord to deposit it because the technical defence is his. The engineer inspects the apartment and reports that the cause is a corroded supply pipe inside the wall — a necessary repair that falls on the landlord. The landlord objects, so the court summons the engineer and questions him at a hearing, then adopts his opinion. It values the damaged furniture at SAR 11,000 after depreciation, awards that amount to the tenant, and makes the landlord bear the SAR 6,000 expert fee as the party that lost on the issue.
⚠️ Common Mistakes
- ✗Confusing an expert with a witness — a witness testifies to facts seen or heard; an expert gives a technical opinion on a question defined in the appointment decision.
- ✗Relying solely on a one-sided consultant report — the court weighs it with the other evidence and may appoint an independent expert who disagrees.
- ✗Failing to deposit the expert’s fee on time — the court may stay the case or rule that the party has lost the right to rely on the appointment (Article 112).
- ✗Obstructing the expert by blocking inspection or withholding documents — the court may compel the obstructing person and use force if needed (Article 116), and a party causing delay may be fined up to SAR 10,000 (Article 118).
- ✗Leaving a recusal request until after pleadings close — it is then inadmissible (Article 114).
🌍 International Differences
In common-law systems such as England and the United States, each party usually instructs its own expert, who is cross-examined by the other side and owes an overriding duty to the court; a single joint expert may also be used. In civil-law systems such as Egypt, the UAE and Turkey, the court typically appoints the expert, while parties may submit private technical opinions for the court to weigh. Saudi Arabia follows the civil-law model: the expert is court-appointed, the parties may agree on an expert or agree in advance to accept the report, and private consultant reports remain evidence for the judge to assess.
FAQs
Who appoints the expert in a rental case?▾
The court, on its own motion or at a party’s request, matching the expert’s expertise to the dispute. If the parties agree on a particular expert, the court endorses their choice (Article 110 of the Law of Evidence).
Is the expert’s opinion binding on the judge?▾
No, unless the parties agreed — even before filing — to accept the report’s findings. Otherwise, if the court departs from the opinion in whole or in part, it must give its reasons in the judgment (Article 121).
Who pays the expert’s fees?▾
The court sets the amount and the party that must deposit it initially; ultimately the party that loses on the issue examined bears it, or it is shared in proportion to each party’s loss where the outcome is split (Articles 112 and 122).
Can a party object to the appointed expert?▾
Yes. A party may seek recusal where there is reason to doubt impartiality, such as kinship, employment by a party or a dispute with a party. The request is decided within three days and is inadmissible after pleadings close (Article 114).
Which experts are typically used in property disputes?▾
Engineers for structural defects, leaks and technical faults; valuers accredited by the Saudi Authority for Accredited Valuers for values and rents; and accountants for income and shared-expense accounts.
