Disputes & ResolutionSubpoena
Synonyms: Witness Summons، Summons to Testify، Order to Produce Documents، Subpoena Duces Tecum
Last updated: 2026-09-25
Short Definition
A subpoena, in common-law systems, is a court order compelling a person to attend to give evidence or to produce documents, on pain of penalty.
Overview
A subpoena, in common-law systems, is a court order compelling a person to attend to give evidence or to produce documents, on pain of penalty. Saudi civil procedure has no identical instrument by that name: the term “order to bring” (amr ihdar) appears mainly in criminal matters. In civil disputes such as rental cases, its role is played by tools in the Law of Evidence for summoning witnesses and compelling parties and third parties to produce documents — and non-compliance mostly carries evidentiary consequences rather than penalties.
The court may, on its own motion or at a party’s request, summon anyone whose testimony it considers necessary to establish the truth (Article 72). A party may ask the court to order its opponent to produce a relevant document in the opponent’s possession where the law allows it to be demanded, where the document is shared — such as a contract or receipt — or where the opponent relied on it at any stage, provided the request describes the document, the indications that the opponent holds it and the fact it would prove (Article 34). If the opponent refuses after one extension, the copy submitted by the requesting party is deemed accurate; if no copy was submitted, the court may accept the requester’s account of the document’s form and content (Article 35). The court may join a third party to compel production of a document it holds, or request a document or information from a public body (Article 37), and in commercial cases it may treat a refusal to produce as a presumption (Article 36). The procedural guides to the Law of Evidence also allow the court to rule that a party who fails to attend or comply without acceptable excuse has lost the right to present the evidence.
Compelling a person’s physical attendance in civil cases is exceptional — for example, bringing a defendant in certain family matters (Article 57 of the Law of Civil Procedure). Stronger compulsion exists for expert work: the court may compel anyone who prevents an expert from carrying out his task and use force if needed (Article 116 of the Law of Evidence). Knowing these tools helps a right-holder ask for the right evidence at the right time, instead of waiting for a foreign-style “subpoena” that Saudi civil procedure does not use.
⚖️ Legal Basis
Law of Evidence, Royal Decree No. M/43 dated 26/5/1443H: Articles 34–37 (compelling the opponent, third parties and public bodies to produce documents), Articles 72–73 (summoning witnesses and the time allowed to bring them), Article 81 (urgent claim to hear testimony) and Article 116 (compelling anyone who obstructs an expert). The procedural guides to the Law of Evidence on a defaulting party losing the right to present evidence. Law of Civil Procedure (M/1 dated 22/1/1435H): Article 57 on compelled attendance of a defendant in specified family matters.
💡 Practical Example
A company leases a warehouse in Riyadh under a one-year commercial lease at SAR 84,000, payable in four instalments of SAR 21,000. The landlord claims two instalments (SAR 42,000) as unpaid; the company answers that it paid both in cash to the landlord’s property manager against two receipts from his receipt book, and submits copies. The company asks the court to order the landlord to produce the receipt book as a shared document evidencing mutual obligations, and to summon the manager as a witness. The court gives the landlord one extension; he does not produce the book, so the court treats the two receipt copies as accurate and hears the manager’s testimony. Because the original obligation does not exceed SAR 100,000, proof by testimony is admissible, and the claim is dismissed. Note that this is a commercial lease; payments on new residential leases are restricted to Ejar’s digital channels.
⚠️ Common Mistakes
- ✗Waiting for a foreign-style subpoena — in a civil case the right tool is a request to summon a witness or to compel the opponent or a third party to produce a document under the Law of Evidence.
- ✗Filing a production request without describing the document, the indications that the opponent holds it and the fact it proves — the request is inadmissible (Article 34).
- ✗Asking repeatedly for time to bring witnesses — only one extension is allowed; if the witnesses are not brought without an excuse the court accepts, it decides the case (Article 73).
- ✗Relying on witnesses to prove a transaction worth more than SAR 100,000 — it must be proven in writing unless there is a beginning of written proof or a material or moral impediment (Articles 66 and 68).
- ✗Ignoring a court direction to attend or produce evidence — the court may rule that the party has lost the right to present that evidence or any related defence or request.
🌍 International Differences
In the United States and England, failure to comply with a subpoena is contempt of court that can lead to a fine or imprisonment, and document disclosure between parties is broad. In civil-law systems such as Turkey and Egypt, a witness is summoned and, if absent without excuse, may be brought by force and fined under set rules. Saudi civil procedure relies mainly on evidentiary sanctions — treating a document copy as accurate, treating refusal as a presumption in commercial cases, or ruling that a party has lost the right to the evidence — while keeping compelled attendance of persons exceptional.
FAQs
Is there a subpoena in Saudi rental cases?▾
There is no exact equivalent of the common-law subpoena. The court can, however, summon anyone whose testimony it considers necessary, compel the opponent or third parties to produce documents, and request documents and information from public bodies under the Law of Evidence.
What happens if the opponent refuses to produce a document the court ordered?▾
If he refuses after one extension, the copy submitted by the requesting party is deemed accurate; if no copy was submitted, the court may accept the requester’s account of the document’s form and content (Article 35 of the Law of Evidence).
Can someone who is not a party be required to produce a document?▾
Yes. The court, on its own motion or at a party’s request, may join a third party to compel production of a document it holds, or request a document or information from a public body where the party cannot obtain it (Article 37).
How do I ask for a witness to be summoned in a rental dispute?▾
The party states the facts to be proven and the number and names of witnesses, and is given one extension to bring them. The court may also, on its own motion, summon anyone whose testimony it considers necessary to establish the truth (Articles 72 and 73).
Can a witness be heard before a lawsuit is filed?▾
Yes. A person who fears losing the chance to rely on a witness about a matter likely to come before the courts may request the witness be heard through an urgent claim, provided the fact can be proven by testimony (Article 81).
