Yasser M. A. The Effect of Procedural Silence in Civil Proof: A Comparative Study

Abstract

The procedural silence in civil evidence within the context of civil litigation represents a crucial and complex procedural stance that raises numerous questions regarding the nature of its implications and the legal consequences it entails. This is particularly so given modern procedural legislations' endeavor to strike a balance between the right of defense and the proper administration of justice. While an accused in criminal proceedings has the right to remain silent, civil procedural legislations, being compared here, do not grant a litigant the same right in civil litigation. The litigant in civil proceedings is obligated to adopt a positive course of action which the law assigns a procedural effect, and to contribute to the manifestation of the truth. Silence is not always interpreted as a passive stance denoting an acceptance, an admission, a waiver, a denial, or a judicial presumption. Rather, the matter necessitates a profound understanding of its procedural context and the governing legal rules according to the specific procedural position that the litigant is required to take. To determine the true effect of procedural silence in civil evidence within civil litigation, this study initially examines the nature of procedural silence in civil evidence by analyzing its concept, determining its practical and legal basis, and establishing its legal nature, as well as its substantive and procedural elements. Afterward, the rules governing procedural silence in civil evidence are clarified by considering its practical applications across all stages of civil litigation. Finally, the study concludes by setting forth the effects of procedural silence in civil evidence. The study has reached a set of conclusions and recommendations which aims at enhancing legal clarity regarding procedural silence, thereby contributing to the stability of judicial transactions and ensuring the application of justice.