Ali Zuweid's Political Programme · Proposed legislation · State, Constitution, Justice, Rights and Governance
Civil and Commercial Procedure and Modern Evidence Bill
A unified Iraqi code modernizing civil and commercial litigation and evidence, with effective judicial case management, full defence safeguards, regulated recognition of digital evidence, documents and signatures, and a sound legal framework for electronic litigation.
Executive Summary
This bill proposes replacing fragmented procedural and evidentiary arrangements with a single code combining civil and commercial procedure and evidence. Reform rests on early, binding case management, access to justice and defence rights, and a shift from paper-based conceptions of proof to technology-neutral rules recognizing digital documents, signatures, records and data according to reliability, integrity and verifiability.
The bill does not replace the Enforcement Law or the Electronic Signature and Electronic Transactions Law, but recalibrates its relationship with them. It regulates electronic service, remote hearings, digital court files, evidence preservation, digital chains of custody and technical expertise, while preventing digitization from becoming a barrier for those unable to use it.
Legal Context and Legislative Gap
Iraq's civil judicial practice continues to rest on Civil Procedure Law No. 83 of 1969, as amended, while civil and commercial evidence is principally governed by Evidence Law No. 107 of 1979, as amended. Federal Court of Cassation decisions published during 2026 confirm continued application of both laws, including the evidentiary force of documents and testimony and parties' rights to challenge expert reports.
A separate Electronic Signature and Electronic Transactions Law No. 78 of 2012 exists, with implementing instructions issued in 2025. This development makes rigid separation between paper-based procedure and evidence rules and the electronic environment increasingly unsuitable for modern transactions and courts. The bill addresses this by combining procedure and evidence in one code without repealing substantive regulation of electronic signatures and transactions.
Enforcement Law No. 45 of 1980, as amended, remains a separate framework for enforcing judgments and enforceable instruments. The bill therefore confines itself to producing enforceable judgments, decisions and files, leaving enforcement to its special law pending legislative modernization.
Proposed legislative policy
| Area | Proposed Direction |
|---|---|
| Procedure | A unified code based on case management, proportionality, prevention of delay and protection of defence rights. |
| Electronic litigation | A primary parallel channel, rather than merely an additional service, with paper alternatives for those needing them. |
| Evidence | Technology neutrality and functional equivalence between paper and electronic forms, with standards for integrity, attribution and provenance. |
| Commerce | A faster track for complex disputes, large datasets, electronic transferable records and automated contracts. |
| Expert evidence | An express right to access and challenge reports, with controls on independence, methodology and conflicts of interest. |
| Digital transformation | A unified national platform, information security, audit logs, business continuity and accessibility for persons with disabilities. |
Civil and Commercial Procedure and Modern Evidence Bill
In the name of the people
Pursuant to the Constitution, and to guarantee access to courts and a fair trial and modernize civil and commercial justice and evidence rules, the following Law is enacted:
Part One — General Principles and Scope
Article (1) — Title and Scope
This Law shall be called the “Civil and Commercial Procedure and Modern Evidence Law”. It applies to civil and commercial cases and disputes, their procedures and appeals, and evidence before competent courts, unless a special provision is better suited to the nature of a particular dispute.
Article (2) — Objectives of the Law
The Law aims to guarantee access to courts and fair trials, simplify procedures, reduce cost and duration, unify evidence rules, enable electronic litigation and balance prompt resolution with protection of defence rights.
Article (3) — Procedural Justice
The court shall uphold independence, impartiality, equality of parties, adversarial process, defence rights, proportionality and procedural good faith. No substantive measure affecting a party's position may be taken without enabling them to know of it and present a defence, except legally permitted provisional measures with subsequent review.
Article (4) — Access to Justice
No person may be denied access to their lawful judge because of financial incapacity, technical barriers, disability or difficulty accessing judicial services. The state shall ensure legal aid and reasonable accommodation according to law.
Article (5) — Case Management
The court shall manage cases to define disputed issues, prevent delay, set binding deadlines and encourage permissible settlement. Parties retain the burden of presenting facts, claims and evidence within legal limits.
Article (6) — Prohibition of Procedural Abuse
Claims, pleas, appeals and evidence requests may not be used maliciously, to prolong proceedings, cause harm or obstruct enforcement of an established right. The court may reject abusive steps and award costs and compensation where warranted, without prejudicing legitimate defence rights.
Article (7) — Procedural Proportionality
Procedural choices shall consider the dispute's cost, value, complexity, importance and effects on parties and the public interest. No measure more severe than necessary for the procedural purpose may be imposed.
Article (8) — In-Person and Electronic Litigation
Electronic means are a primary channel parallel to physical attendance where identity, reliability, proof of sending and receipt, and record integrity requirements are satisfied. A procedure shall not be rejected solely because it is electronic if it fulfils its legal function.
Article (9) — Public Hearings and Privacy
Court hearings shall be public. By reasoned decision, they may be closed only as necessary to protect public order, morals, minors, trade secrets, private life or witness safety.
Article (10) — Judicial Data
Personal and confidential data in case files shall be protected. Publication of judgments and decisions shall serve transparency while redacting data legally requiring protection. Supreme Judicial Council regulations shall govern file access, copies and publication.
Article (11) — Definitions
“Court” means the court competent to hear the dispute; “judicial platform”, the electronic system approved by the Supreme Judicial Council; “electronic document”, any record created, sent, received or stored electronically; and “digital evidence”, any data, records or outputs capable of evidentiary use.
Part Two — Jurisdiction and Parties
Article (12) — General and Subject-Matter Jurisdiction
Civil and commercial courts have jurisdiction over disputes not expressly assigned by the Constitution or law to another judicial body. Subject-matter jurisdiction shall depend on the nature of the right and principal claim.
Article (13) — Territorial Jurisdiction
Unless otherwise provided by law, a claim shall be brought before the court of the defendant's domicile, habitual residence or, for a legal person, administrative headquarters.
Article (14) — Contracts
A contractual claim may be brought before the court where the principal obligation is performed or the contract was concluded, if that place has a genuine connection to the dispute, subject to a valid jurisdiction agreement.
Article (15) — Consumers and Workers
A jurisdiction clause practically denying access to justice may not be enforced against a consumer, worker or weaker party. They may bring proceedings before the court of their habitual residence where the law so provides.
Article (16) — Immovable Property Claims
Unless specially provided otherwise, the court where the property is situated has jurisdiction over claims concerning rights in rem in immovable property and inseparable related requests.
Article (17) — Jurisdictional Objections
Objections to territorial jurisdiction must precede argument on the merits. The court shall raise general and subject-matter jurisdiction on its own initiative at any stage according to law.
Article (18) — Transfer
When a decision declining jurisdiction becomes binding, the court shall transfer the claim, file, fees and evidence to the competent court without requiring refiling. Valid procedures retain their effects unless this is impossible.
Article (19) — Litigation Capacity
Anyone legally capable of exercising their rights has litigation capacity. Persons lacking or having limited capacity shall be legally represented. The court shall verify representation whenever serious doubt arises.
Article (20) — Representation in Proceedings
A lawyer's authority to act in proceedings shall follow the Legal Profession Law and may be established by authenticated paper or electronic instrument. Renewal is unnecessary for each procedural step unless the authority expires or is expressly limited.
Article (21) — Multiple Parties
Multiple claimants or defendants are permitted where claims arise from an event or connected series of events or raise common legal or factual issues. The court may sever matters whose joinder causes disproportionate delay.
Article (22) — Joinder and Intervention
The court or a party may request joinder of anyone necessary to resolve the dispute. Any person with an existing legal interest may intervene in support of a party or assert a right connected with the claim's subject.
Article (23) — Interest and Standing
No claim, application or plea is admissible without standing and a current or prospective legal interest recognized by law. In preventive proceedings, a serious, specific threat to the right is sufficient.
Part Three — Filing, Service and Time Limits
Article (24) — Statement of Claim
A claim shall be filed by paper or electronic statement identifying the court, parties, contact details, capacities, facts, relief sought, value where relevant and an initial evidence list, signed by the applicant or representative.
Article (25) — Electronic Register
The Supreme Judicial Council shall establish a unified electronic case register recording filing date and time, case number, court, uploaded documents and all subsequent procedures.
Article (26) — Time of Filing
A procedural document is filed at the time recorded by the judicial platform if completed before the final day's end. A verified system outage extends the deadline to the next working day under applicable rules.
Article (27) — Formal Defects
Where a statement of claim has remediable defects, the court or registry shall allow a reasonable correction period instead of immediate dismissal, unless the parties or claim cannot be substantially identified.
Article (28) — Court Fees
Fees shall be set by law without preventing access to justice and may be paid electronically. Multiple fees may not be charged for the same procedure merely because it uses multiple submission channels.
Article (29) — Fee Exemption
Persons unable to pay may receive full or partial exemption or deferral by reasoned decision based on income, actual means and the importance of the right. This does not preclude costs awards for abuse.
Article (30) — Principle of Service
Service is effective only if capable of actually informing the recipient of the procedure in adequate time to defend themselves. Service rules shall be interpreted to achieve this purpose.
Article (31) — Methods of Service
Service may be effected by a process server, registered post, judicial platform, authenticated email, approved messages or another electronic means prescribed by regulation that verifies sending, receipt and identity.
Article (32) — Alternative Service
Where ordinary service fails despite reasonable diligence, the court shall authorize an alternative likely to reach the recipient. Public notice is a last resort requiring a reasoned decision.
Article (33) — Commencement of Time Limits
A period begins on the day following service or its triggering event, excluding the first day. If the final day is an official holiday, it extends to the next working day.
Article (34) — Electronic Time Limits
The judicial platform's official time shall govern and its timestamp record must be auditable. A party shall not bear the consequences of a proven general system interruption or failure.
Article (35) — Invalidity of Service
Service shall not be invalidated where its purpose was achieved, actual notice provided adequate defence time and no prejudice occurred. It shall be repeated where a defect impaired defence rights.
Part Four — Case Management and Pleas
Article (36) — Case Management Hearing
The court shall hold an early in-person or remote case management hearing to define disputed issues, undisputed facts, claims, pleas, evidence lists and the timetable.
Article (37) — Case Plan
The court shall issue a procedural plan proportionate to the dispute, setting deadlines for submissions, document exchange, expert evidence, testimony and the final hearing. It may be amended for substantial reasons.
Article (38) — Undisputed Facts
Parties shall identify admitted facts and documents. The court shall record agreed facts to narrow the scope of proof.
Article (39) — Limited Disclosure
The court may order a party to disclose specified documents or data directly relevant to the case within their possession or control, respecting proportionality, confidentiality and legal privileges.
Article (40) — Prohibition of Fishing Requests
General, unspecified requests for documents or data to search for a potential claim or burden an opponent are inadmissible. A disclosure applicant must identify the evidence category and its connection to the dispute.
Article (41) — Duty to Preserve Evidence
Once a serious dispute arises or is reasonably anticipated, a party shall preserve material evidence within their control, including digital records. Bad-faith destruction or alteration is prohibited.
Article (42) — Consequences of Destroying Evidence
Where material evidence is intentionally or through gross negligence destroyed or tampered with after the preservation duty arises, the court may draw an appropriate inference, exclude a defence or award costs and compensation according to the impact.
Article (43) — Professional Confidentiality
Lawyer–client communications and legally protected secrets shall be respected. Disclosure may be ordered only within statutory limits and exceptions and to the narrowest extent.
Article (44) — Trade Secrets
Where evidence involves a trade secret or competitively sensitive information, the court shall order protection such as limited access, redaction or closed hearings without depriving the opposing party of a defence.
Article (45) — Preliminary Pleas
Pleas concerning jurisdiction, transfer, res judicata, arbitration, invalid service and other preliminary issues shall be raised at the earliest statutory opportunity. The court shall determine them before the merits where more efficient.
Article (46) — Res Judicata
A dispute finally determined between the same parties acting in the same capacities may not be relitigated where subject matter and cause coincide. Binding effect extends to essential issues necessarily resolved by the judgment.
Article (47) — Stay and Settlement
Proceedings may be stayed by the parties' agreement for a limited period approved by the court. A judicial settlement may be recorded in enforceable minutes or a decision after verifying consent and capacity.
Part Five — Urgent Relief and Hearings
Article (48) — Urgent Relief
Urgent jurisdiction extends to provisional measures where imminent danger, irreparable harm or the need to preserve a right or evidence exists, without prejudging the underlying right beyond necessity.
Article (49) — Standard for Relief
The documents must disclose a substantial prima facie likelihood of entitlement and a genuine risk from delay. Relief must be proportionate and limited in time and scope.
Article (50) — Orders on Petition
A provisional order may issue without notifying the opposing party in utmost necessity where notice risks defeating its purpose. Service shall follow immediately upon execution, with urgent court review available.
Article (51) — Precautionary Attachment
Assets sufficient to secure the right may be provisionally attached where conditions are met. Excessive attachment or disruption of the debtor's activity beyond necessity is prohibited.
Article (52) — Pre-Action Preservation of Evidence
Before filing, a person may seek a factual inspection, preservation of an electronic record, a digital forensic copy or testimony at risk of loss, identifying the anticipated dispute and the evidence's connection to it.
Article (53) — Attendance and Remote Hearings
Attendance may be personal or through a representative where permitted. Remote hearings may be held if identity verification, communication confidentiality, participation and the right to challenge evidence are secured.
Article (54) — Hearing Record
Official minutes or an approved electronic record shall capture substantive applications, decisions, testimony and admissions. Parties may seek correction of clerical errors within a specified period.
Article (55) — Recording Hearings
Official audio or video recordings may form part of the case record under rules ensuring integrity, confidentiality, retention periods and access for appeals.
Article (56) — Written Submissions
The court may require focused submissions in a standard format identifying agreed and disputed facts, legal grounds, claims and evidence.
Article (57) — Absence of Parties
A case may be decided in a party's absence only after valid service and expiry of the defence period are established. Absence alone is not an admission that the claim is true.
Article (58) — Closing Proceedings
Proceedings shall close after parties have had an opportunity to present their material. They may reopen before judgment if decisive evidence or an issue not previously open to discussion emerges.
Article (59) — Deliberation
Deliberations shall be confidential among competent judges. No judge may participate without having heard proceedings or reviewed the file sufficiently to ensure independent judgment.
Part Six — Principles of Evidence
Article (60) — Matters Requiring Proof
Proof concerns disputed, material facts. Notorious facts or facts conclusively established by law need not be proved unless rebuttal is legally permitted.
Article (61) — Burden of Proof
A person asserting a right or a fact creating it shall prove it. A person asserting extinction, modification or a bar to the right shall prove that assertion, subject to statutory presumptions and burden-shifting rules in special cases.
Article (62) — Standard of Persuasion
In civil and commercial disputes, the court shall decide on the preponderance and consistency of evidence unless the law imposes a higher standard for a particular issue.
Article (63) — Freedom of Proof
All lawful means of proof are permitted in commercial matters and other legally authorized cases. Writing requirements in civil transactions shall be respected without obstructing recognition of qualifying electronic documents.
Article (64) — Lawfulness of Evidence
Evidence obtained through a serious privacy violation, an offence or a fundamental infringement of defence rights is inadmissible where justice requires exclusion. The court shall balance the violation's seriousness, the evidence's importance and alternative ways to obtain it.
Article (65) — Relevance
Evidence is admissible only if it makes a material fact more or less probable. The court may exclude trivial or repetitive evidence, or evidence whose cost or harm is disproportionate to its probative value.
Article (66) — Assessment of Evidence
The court shall assess evidence as a whole and explain why material evidence is preferred or rejected. Expert opinions and testimony are not binding except where the law prescribes particular evidentiary force.
Article (67) — Presumptions and Inferences
Judicial inferences may be drawn from established facts through logic and experience. Statutory presumptions are rebuttable unless the law expressly provides otherwise.
Article (68) — Electronic Evidence
Evidence shall not be denied effect or evidentiary force merely because it is digital or electronically signed, sealed or stored. Its effect depends on reliability, content integrity and verifiable provenance.
Article (69) — Foreign-Origin Evidence
Evidence shall not be rejected merely because it was created or stored outside Iraq if integrity and provenance can be verified and public policy, privacy and judicial cooperation rules respected.
Article (70) — Evidence Management
The court may prescribe presentation, numbering, indexing, digital file formats, copies and translations to prevent unnecessary technical disputes.
Part Seven — Documents and Digital Evidence
Article (71) — Official Documents
A document authenticated by a public official or person entrusted with public service within their powers and legal formalities has statutory evidentiary force regarding their acts or acts performed by interested persons in their presence, unless challenged through the prescribed procedure.
Article (72) — Private Documents
A private document is evidence against its issuer if the signature is acknowledged or attribution established by prescribed means of proof.
Article (73) — Electronic Documents
An electronic document constitutes writing where information remains accessible for later reference with its meaning preserved. It constitutes an original where reliable safeguards preserve integrity from creation and permit display when needed.
Article (74) — Electronic Signatures
An electronic signature is attributable to its holder where a reliable method identifies them and indicates their intention to approve the document's contents. Trust levels shall reflect the transaction's nature and risk.
Article (75) — Technology Neutrality
No specific signature or electronic-evidence technology is required unless a special law demands it for a fundamental interest. Rules shall remain technology-neutral as far as possible.
Article (76) — Email and Correspondence
Emails, instant messages and platform records are admissible where relevance, attribution and content integrity are established technically or through surrounding circumstances.
Article (77) — Metadata
Metadata, access logs, timestamps, technical addresses and system logs form part of digital evidence where necessary to interpret it or verify integrity.
Article (78) — Screenshots
A screenshot alone is not conclusive proof of digital content's authenticity if disputed. It may be supported by the original record, source, technical report or other circumstantial evidence.
Article (79) — Electronic Business Records
Regular records automatically created in ordinary business have evidentiary value reflecting system regularity, reliability, auditability and prevention of unauthorized alteration.
Article (80) — Public Bodies' Records
Digital records issued by public bodies or verifiable through an official service are admissible without a paper copy unless their authenticity is seriously challenged.
Article (81) — Digital Evidence Integrity
Digital integrity shall be assessed through chain of custody, collection and preservation procedures, cryptographic hash values where used, access logs and any lawful alteration.
Article (82) — Digital Forensic Copies
Examination of a digital device or medium shall use a technical copy protecting the original from alteration wherever possible, documenting the collector, tool, method, date and time.
Article (83) — Cloud Data
Cloud-stored data may be relied upon where the user account or data source and service-record integrity can be established. Server location within Iraq is not an admissibility requirement.
Article (84) — Distributed Records
Distributed records or similar technologies may be relied upon where verification, control and connection to the event can be explained. External content is not presumed true merely because it is technically immutable in the record.
Article (85) — Automated Contracts
A contract or procedure does not lose effect merely because an automated system performs it partly or wholly. Error, attribution, consent and output effects are governed by relevant substantive rules.
Article (86) — Machine-Generated Evidence
Where evidence comes from an automated or algorithmic system, the court may request sufficient information on data sources, operation, error rates and human oversight as necessary to test reliability.
Article (87) — Compatibility with the Electronic Signature Law
This Part shall apply consistently with the Electronic Signature and Electronic Transactions Law and its regulations and instructions. More specialized provisions prevail where compatible with judicial evidentiary safeguards.
Part Eight — Testimony, Expert Evidence, Admissions and Oaths
Article (88) — Witness Competence
Anyone capable of perception and expression is competent to testify unless legally barred. The court shall assess age, condition and relationships to parties as matters of weight rather than admissibility unless otherwise prescribed.
Article (89) — Summoning Witnesses
A party requesting a witness shall identify the facts to be proved. The court may reject immaterial or repetitive testimony or testimony replaceable by less costly means without harming justice.
Article (90) — Giving Testimony
Testimony shall be given orally before the court or remotely with safeguards. A prior written statement may be admitted if the opposing party can question the witness or waives that opportunity.
Article (91) — Examination of Witnesses
Each party may question a witness through the court or the prescribed method. Degrading, irrelevant or unlawfully misleading questions are prohibited.
Article (92) — Expert Evidence
The court shall engage an expert where specialized technical knowledge beyond the judge's expertise is required. Experts must be independent and impartial and disclose conflicts of interest.
Article (93) — Expert's Task
The court shall define the expert's task, questions, deadline and available documents. The expert may not decide legal issues or replace the court's function.
Article (94) — Expert Report
The report shall state qualifications, methodology, data, assumptions, findings and limitations of the opinion, and be filed in sufficient time for parties to respond.
Article (95) — Challenging Expert Evidence
The court shall not base judgment on an expert report before parties can inspect and challenge it, submit technical observations and seek clarification where needed.
Article (96) — Party-Appointed Experts
A party may submit an opinion from an expert of their choice, disclosing the assignment, fees and conflicts. The court shall compare it with court-appointed expertise by scientific merit, not appointment status alone.
Article (97) — Inspection
The court may inspect personally or appoint someone to do so. Minutes and relevant photographs, measurements or recordings shall be made. Parties shall be notified of the date unless justified urgency exists.
Article (98) — Judicial Admissions
An express judicial admission by a competent person binds them within its scope unless affected by a material mistake, coercion or another legally permissible ground for withdrawal.
Article (99) — Electronic Admissions
An admission through the judicial platform or an authenticated electronic document is equivalent to a written admission where the maker's identity and the statement's clear meaning are established.
Article (100) — Decisory Oath
A decisory oath may be tendered under statutory conditions concerning a personal, material fact whose resulting right is disposable. The court may prohibit abusive use.
Article (101) — Supplementary Oath
The court may administer a supplementary oath to complete insufficient evidence where some prima facie evidence exists. It may not arbitrarily shift the burden of proof or compensate for total absence of evidence.
Article (102) — Refusal to Produce Evidence
After warning a party and allowing an explanation, the court may draw an appropriate inference from unjustified refusal to produce evidence within that party's control.
Part Nine — Judgments and Appeals
Article (103) — Issuing Judgment
Judgment shall issue in the name of the people under the Constitution, identifying the court, date, parties, each party's claims, material facts, legal reasons and operative provisions.
Article (104) — Reasons for Judgment
The judgment must address substantive pleas and requests and explain assessment of decisive evidence. Inadequate reasoning is material where it prevents understanding of the outcome's basis or appellate review.
Article (105) — Operative Provisions
Operative provisions must be definite and enforceable, specifying the amount, obligation or measure, deadline, interest and costs where relevant, without vague reference to the judgment's reasons.
Article (106) — Electronic Judgments
Judgments shall be signed electronically or on paper under the approved system, with an original preserved in the judicial register. A verifiable electronic copy has official evidentiary force.
Article (107) — Correction of Errors
The court may, on its own initiative or a party's request, correct purely arithmetical, clerical or material errors without changing the judgment's substance. Correction shall be registered and notified to parties.
Article (108) — Interpretation of Judgment
Where operative provisions are ambiguous for enforcement, a party may seek interpretation from the issuing court. Interpretation may not alter what was decided.
Article (109) — Costs
The losing party shall ordinarily bear reasonable costs. The court may allocate them differently for stated reasons, including partial success by each party or procedural misconduct.
Article (110) — Principle of Appeal
Judgments and decisions may be challenged only through statutory remedies and deadlines. Restrictions shall be interpreted to balance finality with correction of material error.
Article (111) — Appeal
Appealable judgments may be challenged before the competent court. Appeal reviews matters presented at first instance within permissible grounds and requests.
Article (112) — Cassation
The Federal Court of Cassation shall review application of law and unify principles within statutory limits. It shall not reweigh facts except where defective reasoning or breach of fundamental evidentiary rules is involved.
Article (113) — Retrial
Retrial may be sought on exceptional grounds, including consequential fraud, forged evidence, discovery of an unobtainable decisive document or conflicting final judgments, within statutory limits.
Article (114) — Electronic Appeals
All appeals may be filed electronically, with date and time recorded on the judicial platform. An appeal shall not be rejected for a remediable formal defect where the appellant's intention, challenged judgment and grounds are clear.
Article (115) — Remand after Reversal
Where judgment is reversed and proceedings remanded, the receiving court is bound by the legal issue resolved in the reversal decision unless its underlying facts or legal provisions change.
Article (116) — Publication of Principles
The competent judicial body shall publish settled appellate principles in a free searchable database, indicating any modification or departure.
Part Ten — Commercial Track, Small Claims and International Cooperation
Article (117) — Commercial Track
Complex commercial disputes shall follow a specialized expedited track with early case management, precise issue definition and organized exchange of evidence and technical expertise.
Article (118) — Data-Intensive Cases
Commercial disputes involving large volumes of documents or digital data shall use proportionate search, review and disclosure protocols protecting secrets and preventing excessive cost.
Article (119) — Payment Orders
A simplified procedure may be established for monetary claims evidenced in writing or electronic records, allowing debtors sufficient time to object. A serious objection shall transfer the dispute to ordinary proceedings.
Article (120) — Small Claims
A simplified track shall be established for small civil and commercial claims, with a periodically determined ceiling, accessible forms, a single hearing where possible, low fees and concise but adequate reasons.
Article (121) — Electronic Transferable Records
Electronic transferable records used in commerce are admissible where the system reliably identifies the record, ensures exclusive control and preserves integrity, without prejudice to substantive commercial paper or transport laws.
Article (122) — Letters of Request
Courts may request or execute judicial assistance in civil and commercial matters under conventions in force or reciprocity, using paper or secure electronic means.
Article (123) — Foreign Documents
Foreign official documents are admissible upon satisfying recognized authentication or electronic verification requirements. Authentication may be waived under a convention or reliable official verification system.
Article (124) — Foreign Law
The content of foreign law is a matter the court may ascertain through experts and official sources. Parties may submit its texts, commentaries and translations.
Article (125) — Cross-Border Data Protection
Personal or confidential judicial data may be transferred abroad only for a lawful purpose, to the extent necessary and with appropriate safeguards under applicable law and conventions.
Part Eleven — Judicial Administration, Digital Transformation and Final Provisions
Article (126) — National Judicial Platform
The Supreme Judicial Council shall establish a unified national civil and commercial litigation platform covering filing, payment, service, exchange of submissions, evidence management, remote hearings and certified copies.
Article (127) — Platform Security
The platform shall use appropriate information security standards, strong authentication, encryption, audit logs, backups and continuity plans, with periodic independent testing.
Article (128) — Interoperability
According to law, the platform shall integrate with public registers necessary to establish identity or capacity or enforce decisions, without unjustified general access.
Article (129) — Equal Digital Access
Courts shall provide assistance centres, devices and service counters for those lacking digital means or adequate skills. Digitization may not become a condition excluding groups of litigants.
Article (130) — Accessibility for Persons with Disabilities
The platform, buildings and procedures shall meet accessibility standards, including screen readers, sign-language interpretation and reasonable accommodation.
Article (131) — Business Continuity
The Supreme Judicial Council shall plan service continuity during disasters, cyberattacks or communications failures, including alternative procedures and clear deadline-extension rules.
Article (132) — Data Governance
File retention periods, access powers, destruction and archiving shall be defined. Collecting procedurally unnecessary data or using it for non-judicial purposes without lawful grounds is prohibited.
Article (133) — No Automated Adjudication
Final determination of rights and obligations may not be assigned to an automated system without a judge responsible for the decision and reasons. Administrative or research assistance tools may be used under transparency and security controls.
Article (134) — Repeal of the Previous Procedure Law
Civil Procedure Law No. 83 of 1969, as amended, is repealed upon this Law's entry into force, preserving valid effects under the transitional provisions.
Article (135) — Repeal of the Previous Evidence Law
Evidence Law No. 107 of 1979, as amended, is repealed upon this Law's entry into force and replaced in civil and commercial disputes by its evidence Parts.
Article (136) — Enforcement Law
Enforcement Law No. 45 of 1980, as amended, remains effective pending modernization insofar as consistent with this Law. Procedural references to it shall be interpreted consistently with the electronic judicial register and certified copies.
Article (137) — Electronic Signature and Transactions Law
Electronic Signature and Electronic Transactions Law No. 78 of 2012 and its instructions remain effective. Its provisions and this Law shall apply on the basis of functional equivalence, non-discrimination against electronic form and technology neutrality.
Article (138) — Pending Cases
Cases filed before entry into force shall proceed under the new procedures from their existing stage unless immediate application would invalidate a valid step or acquired procedural position. The court shall determine the most suitable transitional measure.
Article (139) — Digital Transition
Electronic litigation shall be implemented progressively within twenty-four months of entry into force. The Supreme Judicial Council shall issue a binding timetable for courts and services, retaining paper channels where necessary during transition.
Article (140) — Training
Before full platform launch, the Supreme Judicial Council, Bar Association and competent bodies shall train judges, staff, lawyers and experts in case management, digital evidence and data protection.
Article (141) — Regulations and Instructions
Implementing regulations and instructions shall issue within twelve months. Earlier instructions remain effective insofar as compatible until replaced.
Article (142) — Legislative Review
Three years after entry into force, the competent body shall submit a public report to the Council of Representatives on effects on case duration, cost, access to justice and use of digital evidence, with amendment proposals if needed.
Article (143) — Entry into Force
This Law shall be published in the Official Gazette and take effect one hundred and eighty days later, except provisions for which this Law or regulations prescribe a longer transition.
Statement of reasons
To modernize civil and commercial litigation and evidence in Iraq; unify them in a modern code reducing complexity and protracted disputes; guarantee defence rights and equal access to justice; accommodate digital documents, signatures, data and records; regulate electronic service, remote hearings and court-file management; and link procedural reform with technology-neutral rules consistent with modern international electronic-commerce approaches, this Law is enacted.
Explanatory memorandum
The bill addresses a structural legislative problem: procedure and evidence rules were drafted before the internet, platforms and digital records, while modern civil and commercial transactions increasingly generate electronic evidence. Updating only one law leaves a gap in the other; a unified code was therefore chosen.
The bill gives courts a clearer case management role without compromising impartiality, requiring limited, proportionate disclosure rather than broadly transplanting foreign discovery systems. It establishes a preservation duty once a serious dispute arises and graduated consequences for destruction or tampering.
For digital evidence, the bill neither assumes all electronic content is true nor rejects it because of its form. Reliability is the test: record provenance, integrity, access logs, identity verification, chain of custody and surrounding circumstances. It draws on UNCITRAL principles of non-discrimination against electronic form, functional equivalence and technology neutrality, adapted to Iraq's judicial structure.
Harmonization with Existing Legislation and Transitional Provisions
The bill replaces Civil Procedure Law No. 83 of 1969 and Evidence Law No. 107 of 1979. Enforcement Law No. 45 of 1980 and Electronic Signature and Electronic Transactions Law No. 78 of 2012 remain in force, with competent bodies required to harmonize instructions, forms and cross-references with the new code.
Implementation requires reviewing special-law references to the repealed laws and issuing an official legislative concordance during transition. Digitization must not outpace litigants' capabilities; the bill therefore retains assistance services and alternative channels during transition.
Implementation and Financial Impact
The principal cost is modernizing existing digital infrastructure and unifying filing, service, payment and case-file systems, rather than creating a new body. Costs also cover training judges, staff, lawyers and experts, secure archiving, cybersecurity and continuity. Because published data on current infrastructure and integration costs are insufficient, the bill avoids a falsely precise figure and requires a phased implementation and cost plan before full launch.
Some recurring operating costs are expected to decline through reduced paper, manual service, travel and repeated data entry. Savings depend on implementation quality and institutional integration and should not be booked in advance as certain revenue.
Sources and references
- Iraqi Ministry of Justice — Iraqi Gazette and Laws Portal
- Iraqi Ministry of Justice — Electronic Signature and Electronic Transactions Law No. 78 of 2012
- Iraqi Ministry of Justice — Instructions No. 1 of 2025 Facilitating Implementation of the Electronic Signature and Electronic Transactions Law
- Iraqi Ministry of Justice — Enforcement Directorate and Enforcement Law No. 45 of 1980, as amended
- Supreme Judicial Council — Federal Court of Cassation Decision 5242/Civil Panel/2026 on Application of the Evidence Law
- Supreme Judicial Council — Decision 1086/Civil Panel/Labour/2026 on Discussion of Expert Reports
- UNCITRAL — Model Law on Electronic Commerce (1996)
- UNCITRAL — Model Law on Electronic Signatures (2001)
- UNCITRAL — Model Law on Electronic Transferable Records (2017)
- UNCITRAL — Model Law on Automated Contracting (2024)
The references provide the document's legal, institutional and comparative basis. The bill's articles are legislative proposals, not quotations from a law in force.