Civil Court

Specialization

It is one of the seven specialized courts of first instance and specialized in hearing cases that do not fall within the jurisdiction of other specialized courts, including cases of compensation, accidents and medical malpractice. It is also specialized in hearing cases related to administrative judiciary. Its circuits are formed from summary circuits, which are composed of a single judge, and it is specialized in cases whose value is less than ten million dirhams, and circuits of full jurisdiction composed of 3 judges and it is specialized in hearing cases whose value exceeds ten million dirhams and lawsuits that are not valued.

 

Cases:

Major Civil Lawsuits

Minor Civil Lawsuits

Orders on petitions

Urgent Claims

Provisional Seizure

Grievance

 

Major Civil Lawsuits

They are cases in which their plaintiffs aim at protecting legal positions, financial or material rights resulting from civil acts when those rights are not valued or their value exceeds 10 million dirhams. However, they are not related to commercial transactions, labour relationships, personal status, inheritance and endowment.

The Competent Department: the court of full jurisdiction in terms of value with due observance of the rules of jurisdiction and attribution rules in the Civil Procedures and Transactions Law and Regulations.

Formation of Department: Three judges+ Clerk of session (Secretary)

Fee : (Proportional according to the fees law), taking into account the segments, the maximum fees, the multiplicity of requests and the legal reasons.

Inclusion and Intervention : Relevant with due observance of the procedural rules and the law on fees.

Incidental Applications: Relevant with due observance of the procedural rules and the law on fees.

Strike off : Applicable

Renewal: Applicable with due observance of the deadlines, procedural rules and the law on fees.

Suspension : Applicable

Lapse by Prescription: Applicable.

Expedition: Applicable with due observance of the deadlines, procedural rules and payment of due fees.

Complaint: Not Applicable

Appeal: Applicable with due observance of the deadlines, procedural rules and the law on fees.

Review Petition : Applicable with due observance of the deadlines, procedural rules and the law on fees.

Intervention of Prosecution: Permissible, in the event that the defendant is a minor or incompetent.

 

Minor Civil Lawsuits

Cases in which plaintiff aim at protecting legal positions, financial or material rights resulting from civil transactions and acts. However, they are not related to commercial transactions, labour relationships, personal status, inheritance and endowment when those rights are valued or their value is less than 10 million dirhams

The Competent circuit : the court of in terms of value with due observance of the rules of jurisdiction and attribution rules in the Civil Procedures and Transactions Law and Regulations.

Circuit : One judge+ Session Clerk (Secretary)

Fee : (Proportional according to the fees law), taking into account the segments, the maximum fees, the multiplicity of requests and the legal reasons.

Inclusion and Intervention : Applicable with due observance of the procedural rules and the law on fees.

Incidental Applications : Applicable with due observance of the procedural rules and the law on fees.

Strike off : Applicable with due observance of the deadlines, procedural rules and the law on fees.

Renewal: Applicable with due observance of the deadlines, procedural rules and the law on fees.

Suspension : Applicable

Lapse by Prescription: Applicable.

Expedition: Applicable with due observance of the deadlines, procedural rules and payment of due fees.

Grievance : Not Applicable

Appeal: Relevant with due observance of the deadlines, procedural rules; provided that the value of the lawsuit exceeds 50 thousand dirhams.

Review Petition: Relevant with due observance of the deadlines, procedural rules and the law on fees.

Intervention of Prosecution: Permissible in the event that the defendant is a minor or incompetent.

 

Orders on Petitions

Orders on Petitions are decisions issued by the judiciary based on petitions submitted by their owners without confronting the other parties, it aims to take a temporary or precautionary measure in order to preserve the right or prevent the occurrence of harm, according to the judiciary’s assessment of the reasons and circumstances presented, in cases where the litigant has a right in issuing an order by submitting it to the head of the circuit looking into the substantive case and it shall be lapsed if it is not submitted for execution within a period of (15) days from the date of its issuance.

The Competent Circuit : The Circuit of Major cases whenever there is a substantive cases considered by it and the petition is related to this case.

Circuit : The Circuit of Minor claim consists of one judge, while the Circuit of Major cases consists of three judges.

Fee : defined as per the Fees Law. Inclusion and Intervention : Not permissible

Incidental Applications : Not permissible

Strike off : Not permissible

Renewal: Not permissible

Suspension : Not Applicable

Lapse by Prescription: Not Applicable.

Expedition: Not Application.

Grievance : Not applicable

Appeal: Not applicable.

Review Petition: Not applicable.

Intervention of Prosecution: Not Applicable.

 

Precautionary Attachment

Precautionary attachment is a procedure ordered on a petition to place certain assets under protection of the judiciary in order to protect the seized assets in precaution by restricting the authority of (the debtor) as guarantee of creditor’s. The attachment will be deemed null and void if the creditor does not filed a subject matter case in front of the subject matter court within eight days at most from the date of the seizure decision, in the circumstance where a litigant may seek a remedy by filing for an order.

The Competent Circuit : is a circuit which examines a Mainor or Major case in subject matter articulated to urgent petition.

Composition of Circuit : The Circuit of Minor case bench consists of one judge; while the Circuit of Major cases consists of three judges.

Fee : Proportional, taking into account the segments and the lowest and highest fees in accordance with the fees law.

Inclusion and Intervention : Not permissible

Incidental Applications : Not permissible

Strike off : Not permissible

Renewal: Not permissible

Suspension : Not Applicable

Lapse by Prescription: Not Applicable.

Expedition: Not Application.

Grievance : Permissible subject to dead line and procedural law.

Appeal: Not applicable.

Review Petition: Not applicable.

Intervention of Prosecution: Not applicable.

 

Grievance

Where orders are issued on petitions including payment order and precautionary attachment without confronting the other opponent, the legislator took the issue of defense guarantees for the other opponent into consideration and decided that he has the right to appeal against each of the orders on petitions including payment order and precautionary attachment in order to refute their reasons and ward off their effects for him.

The Competent Circuit : is a circuit which examines a Mainor or Major case in subject matter articulated to urgent petition

Composition of Circuit : The Circuit of Minor case bench consists of one judge; while the Circuit of Major cases consists of three judges.

Fee : AED 50 + Knowledge and Innovation fee

Inclusion and Intervention : Not permissible

Incidental Applications : Not permissible

Strike off : permissible

Renewal: Permissible subject to dead line and procedural law and payment of fees

Suspension : Applicable

Lapse by Prescription: Applicable

Expedition: Permissible subject to dead line and procedural law and payment of fees.

Grievance : Not permissible .

Appeal: Permissible subject to dead line and procedural and fee law

Review Petition: Permissible, subject to dead line and procedural and fee law

Intervention of Prosecution: Not applicable.