Is a Written Contract Legally Required to File a Lawsuit?

No. According to the Saudi Law of Evidence, it is not mandatory to have a written contract for every legal case. Verbal agreements and implied contracts may be accepted if supported by solid evidence, such as:

• Bank transfers.
• Email or messaging app correspondence.
• Witness testimony.
• Receipts, invoices, or proof of service.

When Is a Written Contract Required?

Written contracts are generally required in cases such as:

• Major commercial transactions.
• Long-term lease agreements.
• Supply and contracting agreements.
• Real estate sales or property transfers.

In these scenarios, Saudi courts may dismiss claims that lack documented evidence—especially when large sums are involved.

Are WhatsApp or Email Agreements Acceptable?

Yes. As per legal practices and the Evidence Law, messages via WhatsApp or email can be accepted as proof, if:

• The messages are clear about the terms and conditions.
• They include amounts, services, or timelines.
• Preferably, they are scanned, saved, or digitally verified.

What If I Have No Documentation at All?

You may still proceed with your case by presenting alternative evidence such as:

1. Witness statements from individuals who attended or knew about the agreement.
2. Proof of conduct (e.g., receiving money or delivering a service).
3. Requesting the court to question the defendant.
4. Filing the claim and asking the judge to require the other party to prove the contrary.

What Types of Cases Can Be Filed Without Written Contracts?

• Minor financial disputes between individuals.
• Verbal partnership agreements.
• Labor disputes without formal contracts.
• Compensation claims for services rendered.

Legal Summary:

Written contracts are helpful and strongly recommended, but not always mandatory. If you can provide supporting evidence, you may file a claim even without a formal contract. Always keep records of messages, transactions, and witness details as they serve as your legal backup.

Also read:
Legal Procedures to Terminate a Lease Contract
When Is a Resignation Considered Irregular?
Litigation Services – Fahad Alabdulqader Law Firm
Saudi Ministry of Justice – Regulations