Official vs. Private Instruments: Legal Evidence and Archiving Requirements in Saudi Arabia

Written by MSTND Team | Aug 9, 2026, 10:15:12 AM

In everyday business language, people sometimes use the term “customary document” to distinguish privately created documents from official government documents.

However, the terminology used by Saudi Evidence Law is more precise: official instrument and ordinary instrument.

The distinction is important because it affects evidentiary treatment, verification, disputes over authenticity, and the way organizations should manage records.

What Is an Official Instrument?

Under Saudi Evidence Law, an official instrument is created by a public employee or a person entrusted with a public service within their authority and jurisdiction and according to legally prescribed procedures.

The law gives an official instrument evidentiary force regarding matters properly recorded by its issuer within the scope of their duty, unless forgery is established through the prescribed legal process.

What Is an Ordinary Instrument?

An ordinary instrument does not have the same public-authority characteristics as an official instrument and is commonly created between private individuals or businesses.

Commercial contracts, private agreements, and signed acknowledgments are common examples.

Saudi Evidence Law states that an ordinary instrument is attributed to and binding upon the person who signed it unless the attributed handwriting, signature, seal, or fingerprint is expressly denied in accordance with the applicable rules.

The word “ordinary” therefore does not mean unimportant or legally worthless.

What About Copies?

The procedural rules of the Saudi Evidence Law also address copies of ordinary instruments.

Where relevant parties do not dispute a copy, it may be relied upon. If the accuracy of the copy is disputed, comparison with the original may be required according to the applicable procedures.

This distinction matters when developing digital archiving policies.

Digitization should not automatically mean scanning a document and immediately destroying its original.

Can Electronic Documents Be Used as Evidence?

Saudi Electronic Transactions Law recognizes electronic transactions and electronic signatures for evidentiary purposes when the relevant requirements are met.

The law also considers factors such as the method used to create and store the electronic record, the protection of information integrity, and the method used to identify the creator.

A strong electronic archive therefore needs more than PDF storage. It should preserve document context, integrity, metadata, version history, and activity records.

What Should Be Stored With the Document?

For legally significant records, useful metadata may include the parties involved, contract or reference number, creation date, signature date, signature method, current status, approved version, expiry date, confidentiality level, document owner, and retention policy.

Structured metadata improves retrieval and lifecycle management compared with relying only on filenames.

Can the Original Be Destroyed After Digitization?

There is no sound universal rule stating that every paper original can be destroyed immediately after scanning.

The answer depends on the type of document, applicable regulations, sector-specific requirements, contractual obligations, and whether an original may later be required.

Saudi evidentiary procedures contemplate situations in which copies may need to be compared with originals when their accuracy is disputed.

How Mstnd Helps

Mstnd can turn a document from a simple stored file into a managed record.

Contracts and other important documents can be associated with owners, statuses, versions, permissions, expiry dates, review history, and workflow actions.

Organizations can also build approval, renewal, and archiving workflows around their records.

Conclusion

The legally more accurate Saudi terminology is official instrument and ordinary instrument.

Official instruments receive special evidentiary treatment when their conditions are satisfied, while ordinary instruments may also bind the people who sign them.

Document management should therefore be based on the legal and operational value of each record rather than assuming that only official documents require strong governance.