A Jurisprudential and Legal Review of Silence in Civil Procedure

The effect of silence in civil litigation is important in two cases: The silence of litigants (plaintiff and defendant) and silence in evidence of proof of claim. Although the general rule is that silence cannot express the will and، therefore، is not entitled to the legal effects and any responsibility، but the silence of plaintiff and defendant has been deemed refusal and it has legal effect. On the case of evidence of proof of claim (confession، documents، testimony and sworn)، silence has no effect in the case of testimony absolutely، but in the other evidence، it is effective in certain cases.