The Admissibility of Electronic Evidence and the Judge's Discretionary Authority

This research addresses the admissibility of electronic evidence in civil proceedings within the Yemeni legal system, drawing a comparative analysis with the Saudi and Emirati models. The study highlights a significant legislative gap in the Yemeni Law of Evidence concerning digital evidence, which grants judges wide discretionary power. In contrast, it demonstrates how Saudi Arabia and the UAE have adopted comprehensive codification, equating the legal force of digital and traditional written evidence, while establishing clear technical and legal standards The research analyzes the legal and jurisprudential basis for the Yemeni judge's discretionary authority and proposes practical rules for accepting electronic evidence, focusing on verifying the authenticity of the source and the integrity of the content. It concludes that the Yemeni framework, despite partial recognition of electronic evidence in sector-specific laws like the Electronic Payment Act, remains inadequate. The study recommends an urgent amendment to the Yemeni Law of Evidence, benefiting from the leading Gulf experiences to unify judicial practice and enhance legal certainty in the digital age