LEBANON Law and Practice Contributed by: Nayla Comair-Obeid, Ziad Obeid and Zeina Obeid, Obeid & Partners
7.4 Rules That Govern Admission of Evidence The burden of proof lies with the party asserting the fact or act. The matter to be proven should be relevant to the dispute and capable of proof (Article 132 of the LCCP). The court may order an investigation to complement the parties’ evidence (Article 135 of the LCCP). Generally, the types of evidence admissible under Lebanese law include documentary evidence (eg, authenticated and private deeds), confessions, testimonies, investigations and other forms of proof, all of which are specifically regulated under the LCCP. 7.5 Expert Testimony Expert testimony is typically permitted at trial. Pursuant to Article 313 of the LCCP, the court may appoint an expert to provide expertise, give technical advice or carry out a technical investigation for a mat- ter requiring specialised knowledge. In addition, depending on the circumstances of the case, a party may submit expert reports/opinions, which would be treated as documentary evidence in the file. Expert examination is set out in detail under Articles 308–362 of the LCCP. 7.6 Extent to Which Hearings Are Open to the Public The parties, along with the judge, are responsible for ensuring the proper conduct of the proceedings. Regarding the judge’s intervention, it is important to note that the judge plays an active role during the hearing by (i) conducting the examination of witnesses and experts, (ii) directing questions to the parties or their legal representatives, and alerting them to any issues they may have overlooked, and (iii) ordering investigations to supplement the parties’ evidence. Generally, after the conclusion of the pleadings, the judge declares the trial closed and sets a date for issu- ing the judgment within a period not exceeding six weeks. The judge may pronounce the judgment in the See 1.3 Court Filings and Proceedings . 7.7 Level of Intervention by a Judge
session immediately after the conclusion of the plead- ings or defer its issuance to a later session. If the judge deems it necessary to defer the issuance of the judgment – typically when the case requires further consideration and analysis – the judge must announce this during the session, specifying the date on which the judgment will be rendered and providing the reasons for the postponement. 7.8 General Timeframes for Proceedings After an action has been initiated (ie, an initial submis- sion/statement of claim has been filed by the plaintiff), a defendant has 15 days to file their answer submis- sion/statement of defence along with all supporting documents (Article 449 of the LCCP). Following notification of the statement of defence to the plaintiff, the plaintiff has ten days to file a reply submission (Article 452 of the LCCP). Following noti- fication of the reply submission to the defendant, the defendant in turn has ten days to file a rejoinder sub- mission (Article 452 of the LCCP). This would con- clude the normal exchange process. Article 453 of the LCCP states that upon the expiry of these time limits, neither party may submit any plead- ings unless they provide an acceptable excuse or rea- son, in which case the court president or sole judge may set new deadlines. Furthermore, Article 455 of the LCCP allows the court to expedite time limits in urgent cases, provided that the time limit is not less than 24 hours. In other cases, the court may extend the time limits upon request if it finds sufficient jus- tification. Decisions regarding time limit adjustments are rendered in court chambers. The same process applies to counterclaims, commencing with the filing of the statement of counterclaim. Typically, after the conclusion of the pleadings, the judge declares the trial closed and sets a date for issuing the judgment within a period not exceeding six weeks. That said, and bearing in mind that the time estimates are always speculative, proceedings before the court of first instance vary between three months and four years, depending on the complexity of the case. In this regard, the authors are aware that some delays have occurred over the past three years as a result of
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