The Official Journal for College of Law and Political Science, Alnoor University

The Discretionary Role of the Judge in Civil Evidence-An Analytical Study

Volume 3, Issue 2
Spring 2026
Pages 151-161

Document Type : Original Article

Author

College of law\ Al-Hamdaniya University

Abstract
The Iraqi Evidence Law stipulates several means of proof and obligates the judge to utilize and rely upon these methods when issuing a judicial ruling.
It also grants the judge discretionary power regarding the admissibility of evidence, depending on its type. Sometimes the judge has absolute authority to accept or reject evidence, while at other times they are obligated to accept evidence presented by the parties, such as an official document, and thus have no discretionary power. In some cases, the judge possesses full discretionary power to accept or reject presented evidence, even though the law permits such discretionary action. The matter rests with the judge's conviction; if they find the evidence relevant to the case, they may accept it, and if not, they may reject it, as in the case of witness testimony.

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  • Receive Date 28 March 2026
  • Revise Date 03 May 2026
  • Accept Date 09 May 2026
  • Publish Date 01 June 2026