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Damages Affidavit Template for Saudi Arabia

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What is a Damages Affidavit?

A Damages Affidavit is a critical legal document used in Saudi Arabian legal proceedings to formally document and verify claims for compensation or damages. This document is typically required when seeking remedies through Saudi courts or in alternative dispute resolution proceedings. The affidavit must be carefully structured to comply with both Shariah law principles and Saudi civil procedure requirements, including specific formatting and content requirements. It should contain detailed descriptions of incidents, comprehensive documentation of losses, supporting evidence, and proper certification by relevant authorities. The document is particularly important in cases involving commercial disputes, construction claims, insurance matters, or any situation where formal documentation of damages is required. When preparing a Damages Affidavit, consideration must be given to the unique aspects of Saudi legal system, including the requirement for Arabic language documentation and adherence to Islamic legal principles.

About the Damages Affidavit

A Damages Affidavit is a sworn legal document that formally records your claims for compensation or damages in Saudi Arabian legal proceedings. Under the Law of Civil Procedures and Shariah law principles, this document serves as critical evidence when seeking remedies through Saudi courts or alternative dispute resolution mechanisms. You must ensure your affidavit complies with specific formatting requirements and contains comprehensive documentation of your losses.

When do you need this document?

You need a Damages Affidavit when pursuing compensation through Saudi courts for various types of losses. This includes commercial disputes where breach of contract has caused financial harm, construction claims involving defective work or project delays, insurance matters requiring formal damage documentation, and personal injury cases where medical expenses and lost income must be verified. The document is also essential in property damage cases, employment disputes involving wrongful termination, and international trade disputes where Saudi courts have jurisdiction. Additionally, you may need this affidavit for enforcement proceedings under the Enforcement Law when collecting on judgments or arbitration awards.

Your Damages Affidavit must include specific elements to be legally effective under Saudi law. The identification section requires your full legal name, national ID or Iqama number, complete address, and contact information as mandated by Saudi court procedures. You must clearly state your legal capacity and authority to make the sworn statement, particularly if representing a corporation or acting on behalf of others. The factual narrative should present a chronological account of events leading to damages, including precise dates, locations, and involved parties. Your damage calculations must be supported by documentary evidence such as invoices, receipts, expert assessments, and financial records. Under the Law of Evidence, all supporting documents must be properly authenticated and may require certified Arabic translations if originally in other languages.

Saudi law imposes specific requirements for Damages Affidavits that differ from other jurisdictions. The document must be prepared in Arabic or accompanied by certified Arabic translations to comply with court language requirements. Under the Basic Law of Governance, all legal proceedings must align with Shariah principles, which affect how damages are calculated and what types of compensation are permissible. The Civil Transactions Regulations provide guidance on damage assessment methodologies that must be reflected in your affidavit. Notarization by a licensed notary public is typically required, and the document may need authentication by relevant Saudi authorities. You must also ensure compliance with specific procedural deadlines established under the Law of Civil Procedures for submitting evidence to courts. If your case involves insurance claims or commercial disputes, additional regulatory requirements may apply depending on the industry and nature of damages claimed.

Governing law

Applicable law

This Damages Affidavit is drafted to comply with Saudi Arabia law. Key legislation includes:

Basic Law of Governance (Royal Order No. A/90): The constitutional framework that establishes Shariah as the foundation of Saudi Arabia's legal system, which governs principles of compensation and damages
Law of Civil Procedures (Royal Decree No. M/1): Governs civil court procedures and requirements for submitting documentary evidence, including affidavits, to Saudi courts
Law of Evidence (Royal Decree No. M/28): Specifies requirements for evidence submission and documentation in Saudi courts, including rules for sworn statements and affidavits
Enforcement Law (Royal Decree No. M/53): Regulates the enforcement of judgments and awards, including those related to damages and compensation
Civil Transactions Regulations: Contains provisions regarding assessment and calculation of damages in civil matters
Law of Legal Practice (Royal Decree No. M/38): Governs the preparation and submission of legal documents by licensed practitioners, including requirements for drafting affidavits
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Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

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Imad Mohammed Nazar profile photo

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

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