KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
7.2 Case Management Hearings Shorter hearings for interim motions or petitions are an important component of the judicial pro- cedure in Kuwait. These shorter hearings give a framework for addressing specific legal con- cerns quickly, allowing parties to present their arguments and evidence orally, leading to a fast- er resolution of some issues. Typically, one of the parties may file an interim move or application with the court. Furthermore, case management hearings may be held before more complex trials or hearings in order to control the timetable leading up to a hearing or trial. These case management hear- ings are usually held to ensure that the legal pro- cesses move along smoothly and that all parties follow the specified timetables and procedural standards. 7.3 Jury Trials in Civil Cases In Kuwait, neither civil nor criminal cases involve a trial by jury. Like in many civil law regimes, courts determine civil matters by applying rec- ognised legal principles and the legal code. In civil proceedings, the judge hears arguments from the parties and considers the evidence, testimony and facts before rendering a decision based on the law. 7.4 Rules That Govern Admission of Evidence The admission of evidence in Kuwait is primar- ily governed by the Kuwaiti Code of Civil and Commercial Procedure, Law No 38 of 1980. This code outlines the procedural rules and require- ments for civil and commercial cases, includ- ing those related to the admission of evidence. Additionally, the Kuwaiti Penal Code, Law No 16 of 1960, governs criminal proceedings and the admission of evidence in criminal cases.
These codes, along with other relevant Kuwaiti laws and regulations, provide the legal frame- work for the admission of evidence, including rules related to relevance, authenticity, admis- sibility objections, hearsay exceptions, authenti- cation and privilege, and other important aspects of the trial process. 7.5 Expert Testimony Expert testimony is often permitted at trial in Kuwait. Parties in legal processes have the right to call expert witnesses to support their claims and provide specialised expertise or insights into the problems at hand. Expert witnesses can be relied upon to provide their knowledge in a variety of topics, including science, technology, medicine, and other specialist areas. If the court believes it is necessary to clarify or comprehend specific parts of the case, it may also request expert evidence or guidance. This is especially useful when the judge or court needs expert advice to make an informed decision. 7.6 Extent to Which Hearings Are Open to the Public Civil and criminal proceedings in Kuwait are gen- erally accessible to the public. Unless there are grounds for a private session, such as protecting sensitive information or privacy issues, members of the public, including journalists and interested others, can normally attend these events. Family court and juvenile court proceedings sometimes contain delicate issues, such as family disputes and youngsters. To protect the privacy and best interests of people concerned, particularly minors, these cases are frequently closed to the public. The choice to open or close a hearing to the public is ultimately up to the sitting judge.
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