The Role of the Judge in the Proof

Abstract

The means of proof are one of the most critical topics that individuals resort to protect their rights, and they are created by law to prove the disputed facts. Jordanian law has stipulated the means of proof in both civil and law of proof. The law specified these means that must be presented upon request from the court through a means. The claim is the lawsuit, and the legally charged with providing the means of proof or payment are the litigants, but does the judge have a role in the proof, knowing that the Jordanian law, in addition to other legislation, has taken the principle of the judge's impartiality in proof. The judge's impartiality in proof means that it is up to the litigants, in principle, to provide proof for the facts or legal actions they claim, and the judge has no choice but to rely on facts and proof presented in the lawsuit by the litigants.However, the judge's impartiality principle in the proof is not absolute. The law has given the judge, of his own accord, the right to direct an interrogation to one of the litigants, direct a supplementary oath, conduct inspection and expertise, and others, even if the litigants did not request it. These methods were given by the law, which gave the judge the right to resort to them during the consideration of the case, and they are the subject of this research.

Keywords: Judge, Proof, disputed facts, Jordanian law

DOI: 10.7176/JLPG/127-06

Publication date: December 31^st 2022