Law of Civil Procedure  
 
Royal Decree No. M/1 
November 25, 2013  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Translation of Saudi Laws  
 Law of Civil Procedure  
 
 
 
 2 NOTE:  
The translation of Saudi laws takes the following into consideration:  
• Words used in the singular form include the plural and vice versa.  
• Words used in the masculine form include the feminine.  
• Words used in the present tense include the present as well as the future.  
• The word “person” or “persons” and their related pronoun s (he, his, him, they, 
their, them) refer to a natural and legal person.  
 
   Law of Civil Procedure  
 
 
 
 3 Law of Civil Procedure  
Part 1: General Provisions  
Article 1  
Courts shall apply the provisions of Sharia to cases brought before them, as 
derived from the Quran and Sunnah, and State laws not conflicting therewith. 
Proceedings before such courts shall comply with the provisions of this Law.  
Article 2  
Any procedure deemed valid under laws in force shall remain valid unless 
otherwise provided for in this Law.  
Article 3  
1. No claim or defense shall be accepted unless submitted by a person with a 
legitimate interest. Potential interest shall be sufficient if the claim is intended 
as a precaution to avoid imminent damage or to establish a right the 
evidence for which may not be a vailable at the time it is contested.  
2. The court shall reject any lawsuit proven to be frivolous or malicious, and it 
may punish the person filing such lawsuit.  
Article 4  
No public interest lawsuit may be filed except by the public prosecutor upon 
approval by the King. Such lawsuit may not be heard upon the lapse of 60 days 
from the date on which the claim arises.  
Article 5  
A proceeding shall be invalid if so declared by the law or if it suffers from a 
defect causing it to fail its purpose. It shall not be ruled invalid, notwithstanding 
a provision stating so, if it is established that the purpose of the proceeding is 
served.  
Article 6  
A clerk shall attend all hearings and all case proceedings along with the judge, 
and shall keep a record and cosign it with the judge. If the clerk fails to attend, 
the judge may take charge of the proceeding and draft the record.  
Article 7  
Process servers, clerks, and other judicial clerks may not perform any official 
task in cases involving them or their spouses, relatives o r in-laws up to the 
fourth degree, including declarations involving dispute. Otherwise, such action 
shall be deemed null and void.   Law of Civil Procedure  
 
 
 
 4 Article 8  
Periods and dates stipulated in this Law shall be calculated according to Umm 
al-Qura calendar, and sunset shall be  deemed the end of the day.  
Article 9  
In the application of the provisions of this Law, the term place of residence  shall 
mean the place where a person normally resides. For nomads, place of 
residence shall be deemed the place where a person resides at the  time of filing 
the lawsuit. For detainees and prisoners, place of residence shall be deemed 
the place where a person is detained or imprisoned.  
A person may designate a place of residence for receiving the notices 
addressed to him, in addition to his perm anent place of residence, and shall 
notify the court of any change in his designated or permanent place of 
residence.  
Article 10  
A case properly filed with a competent court may not be transferred to another 
court or authority nor withdrawn before judgment  is rendered. A case shall be 
deemed filed from the date of its entry into the court registry.  
Article 11  
1. Processes shall be served by process servers at the order of the judge or 
the request of the litigant or court administration. Litigants or their agents 
shall continue the proceedings and submit papers to process servers for 
service. Service may be carried out by the plaintiff if he so petitions.  
2. Processes may be served by process servers from the private sector in 
accordance with controls spe cified in the regulations of this Law. Private 
process servers shall be subject to rules and procedures governing process 
servers.  
Article 12  
A process may not be served at a place of residence before sunrise or after 
sunset or during official holidays, ex cept in compelling circumstances and with 
the written permission of the judge.  
Article 13  
A service of process must be in duplicate, an original and a copy. If several 
persons are served, a copy shall be served to each person.  
The process shall include th e following:  
a) Subject of the process, and date of service specifying day, month, year and 
time. 
b) Full name, identification number, occupation or job, place of residence and 
place of work of the person requesting the process as well as full name, 
identification number, occupation or job, place of residence and place of work  Law of Civil Procedure  
 
 
 
 5 of his representative . 
c) Full name of the defendant and any available information relating to his 
occupation or job, place of residence and place of work. If his place of 
residenc e is unknown, the process shall be served at his last known place of 
residence . 
d) Name of the process server and the court where he works . 
e) Name and capacity of the person receiving the copy of the notification and 
his signature on the original, or a proof of  his refusal and reason therefor . 
f) The server's signature on both the copy and the original.  
In case of government agencies, the name and location of the agency shall be 
deemed sufficient for the purposes of paragraphs (b and c) of this Article.  
The Supreme Judicial Council may, if necessary, add other means and details.  
Article 14  
The server shall deliver a copy of the notification and attachments thereto to 
the person to be served at his place of residence or work if available; otherwise, 
he shall d eliver the same to whomever he deems to be his agent or a person 
working for him or to any of his family members, relatives or in -laws residing 
with him. If none of them are present or if the one present refuses receipt of 
said notification or is a minor, the copy and attachments shall be delivered, as 
the case may be, to the Umdah (chief of the quarter), the police station, the 
administrator of the township or the chieftain of the tribe within whose 
jurisdiction lies the place of residence of the person to  be served, in that order, 
and obtain their signature on the original acknowledging receipt.  
The server shall, within 24 hours of the delivery of a copy to any of the parties 
provided for in this Article, send a letter – via registered mail – to the person  to 
be served at his place of residence or work notifying him that a copy has been 
delivered to said party, and shall indicate the same in detail on the original 
notice. The process shall be deemed effective from the time of delivery of the 
copy as per the  above conditions.  
Article 15  
Administrators of townships, police stations, Umdas and chieftains of tribes 
shall, within their jurisdictions, assist the court process server in performing his 
task.  
Article 16  
A process shall be valid if served on the perso n to be served, even if at other 
than his place of residence or work.  
Article 17  
A copy of the notice shall be delivered as follows:  
a) With respect to government agencies: to their heads, or designees . 
b) With respect to public corporate persons: to their manag ers, or designees .  Law of Civil Procedure  
 
 
 
 6 c) With respect to companies, associations and private establishments: to their 
managers, or designees . 
d) With respect to foreign companies and establishments with branches or 
agents in the Kingdom: to the branch manager, or designee, or to the agent, 
or designee . 
e) With respect to armed forces personnel and those of similar status: to the 
immediate superior of the person to be served . 
f) With respect to ship crew: to the captain . 
g) With respect to interdicted persons: to their trustees or guardians as the case 
may be . 
h) With respect to prisoners or detainees: to the warden of the prison or 
detention center, or designee . 
i) With respect to persons without known or designated place of residence in 
the Kingdom: to the Ministry of Interi or to notify him in an appropriate manner.  
Article 18  
In all the cases set forth in Article 17 of this Law, if the person to be served, or 
designee, refuses to receive a copy of the service notice or sign the original 
acknowledging receipt, the server shal l so indicate on the original and the copy, 
and deliver the copy to the governorate within whose jurisdiction lies the place 
of residence of the person to be served, or to the entity designated by the 
governorate. The process server shall indicate the same  in detail on the original 
of the notice and the process shall be deemed valid as of the date of delivery 
of the copy to the relevant recipient.  
Article 19  
If the place of residence of the person to be served is outside the Kingdom, a 
copy of the notice sh all be sent to the Ministry of Foreign Affairs for delivery 
through diplomatic channels. A statement indicating that the copy has been 
delivered to the person to be served shall be deemed sufficient.  
Article 20  
If the place of service in the Kingdom lies o utside the court’s jurisdiction, the 
papers to be served shall be sent by such court to the court within whose 
jurisdiction the service takes place.  
Article 21  
A period of 60 days shall be added to the statutory time limits for persons 
residing outside the  Kingdom, and the court may, if necessary, extend the same 
for a similar period.  
Article 22  
If the time limit is set in days, months or years, it shall not include the notice day 
or the day of the event initiating the time limit, as recognized by law. The time 
limit shall expire at the end of the last day if the proceeding takes place on such  Law of Civil Procedure  
 
 
 
 7 day. If the time limit must expire prior to the proceeding, the proceeding shall 
not take place except upon the lapse of the last day of the time limit. If the time 
limit is set in hours, its starting hour and its hour of expiry shall be calculated as 
above.  
If the time limit expires on an official holiday, it shall extend into the first working 
day thereafter.  
Article 23  
Arabic shall be the official language of courts.  The court shall hear non -Arabic 
speaking litigants, witnesses and others through an interpreter. A certified 
Arabic translation prepared by a licensed office shall be presented for 
documents in a foreign language.  
Part 2: Jurisdiction  
Chapter 1: International Jurisdiction  
Article 24  
The Kingdom’s courts shall have jurisdiction over cases filed against a Saudi 
citizen even if he has no known general or designated place of residence in the 
Kingdom, except for cases in rem involving real property out side the Kingdom.  
Article 25  
The Kingdom’s courts shall have jurisdiction over cases filed against non -
Saudis who have a general or a designated place of residence in the Kingdom, 
except for cases in rem involving real property outside the Kingdom.  
Article  26 
The Kingdom’s courts shall have jurisdiction over cases filed against non -
Saudis who have no general or designated place of residence in the Kingdom 
in the following cases:  
a) If the lawsuit involves property located in the Kingdom or obligation 
considere d to have originated or is enforceable in the Kingdom . 
b) If the lawsuit involves bankruptcy declared in the Kingdom . 
c) If the lawsuit is filed against more than one person and one of them has a 
place of residence in the Kingdom.  
Article 27  
The Kingdom’s courts shall have jurisdiction over cases filed against a non -
Saudi Muslim who has no general or designated place of residence in the 
Kingdom in the following cases:   Law of Civil Procedure  
 
 
 
 8 a) If the case is against a marriage contract to be executed in the Kingdom . 
b) If the case is for divorce or annulment of a marriage contract and is filed by 
a Saudi wife or a wife who has lost her Saudi citizenship by reason of 
marriage if either one is residing in the Kingdom, or a non -Saudi wife residing 
in the Kingdom, against her h usband who has a place of residence in the 
Kingdom if the husband abandoned her and took residence abroad or if he 
was deported from the Kingdom . 
c) If the lawsuit is for support and the person for whom support is claimed 
resides in the Kingdom . 
d) If the lawsui t involves paternity of a child in the Kingdom or relates to an 
issue of custody over a person or property when the minor or the person to 
be interdicted has a place of residence in the Kingdom . 
e) If the lawsuit involves some other family matters and the pla intiff is a Saudi 
or a non -Saudi residing in the Kingdom, provided the defendant has no 
known place of residence abroad.  
Article 28  
Except for cases in rem involving real estate outside the Kingdom, the 
Kingdom’s courts shall have jurisdiction over cases w hen the litigants accept 
these courts' jurisdiction, even if the case does not fall within their jurisdiction.  
Article 29  
The Kingdom’s courts shall have jurisdiction over precautionary and provisional 
measures enforced in the Kingdom, even if such courts have no jurisdiction 
over the original case.  
Article 30  
The jurisdiction of the Kingdom’s courts shall entail having jurisdiction over 
preliminary and incidental petitions relating to the original case as well as 
consideration of any petition relating to s uch case if the proper conduct of 
justice requires that they are considered together.  
Chapter 2: Subject Matter Jurisdiction  
Article 31  
General courts shall have jurisdiction to consider all lawsuits, cases, 
presentations and the like, which are beyond the  jurisdiction of other courts, 
notaries public and the Board of Grievances. They may, in particular, consider 
the following:  
a) Lawsuits relating to real property, including disputes over ownership or any 
associated right; harm inflicted by the real property or users thereof; or 
lawsuits relating to values of utilities, eviction, payment or contribution to rent; 
or lawsuits relating to restraining interference with possession or recovery of 
possession and the like, unless the law provides otherwise .  Law of Civil Procedure  
 
 
 
 9 b) Issuing title deeds for real property ownership or endowment . 
c) Lawsuits resulting from traffic accidents and offences provided for in the 
Traffic Law and its Implementing Regulations.  
Article 32  
General courts in a county or township where there is no speci alized court shall 
have jurisdiction over lawsuits, cases, presentations and the like, which fall 
within the jurisdiction of such specialized court, unless the Supreme Judicial 
Council decides otherwise.  
Article 33  
Family courts shall have jurisdiction to consider the following:  
a) all family matters, including:  
1. recording marriage, divorce, khul’ (divorce at the insistence of the wife), 
dissolution of marriage, revocation of divorce, child custody, alimony and 
visitation;  
2. registration of endowment, will, pater nity, absence, death and 
determination of heirs;  
3. inheritance and distribution thereof, including real estate if disputed or it 
involves a share of endowment or will, or a minor or an absentee;  
4. recording the designation of trustees, guardians and administrators; 
permitting them to perform actions that require the court’s permission and 
dismissing them if necessary, as well as imposing interdiction against 
spendthrifts or removal thereof, subject to procedures set forth in the 
Regulations of this La w; 
5. recording a power of attorney by illiterate deaf persons; and  
6. marrying off women who have no guardians or are deprived of marriage 
by their guardians.  
b) lawsuits arising from family matters; and  
c) lawsuits filed for imposing penalties provided for in the La w of the General 
Commission for Guardianship over Property of Minors and those of Similar 
Status.  
Article 34  
Labor courts shall have jurisdiction to consider the following:  
a) Disputes relating to work contracts, wages, rights, work injuries and 
compensation therefor . 
b) Disputes relating to disciplinary measures imposed on employees by their 
employers or requesting exemption therefrom . 
c) Lawsuits filed for imposing penalties provided for in the Labor Law . 
d) Disputes arising from termination of employment . 
e) Complaints made by employers and employees whose objections to any 
decision issued by any competent department of the General Organization 
for Social Insurance, relating to mandatory registration; contributions or 
compensation, have been refused . 
f) Disputes r elating to employees governed by the provisions of the Labor Law,  Law of Civil Procedure  
 
 
 
 10 including workers employed by the government . 
g) Disputes arising from the application of the Labor Law and Social Insurance 
Law, without prejudice to the jurisdictions of other courts and the Board of 
Grievances.  
Article 35  
Commercial courts shall have jurisdiction to consider the following:  
a) All original and corollary commercial disputes between merchants . 
b) Lawsuits filed against a merchant due to his original commercial activities or 
an activit y related thereto . 
c) Disputes between partners in partnerships . 
d) All lawsuits and violations relating to commercial laws, without prejudice to 
the jurisdiction of the Board of Grievances . 
e) Lawsuits of bankruptcy and imposition of interdiction on bankrupt perso ns 
and removal thereof . 
f) Other commercial disputes.  
Chapter 3: Territorial Jurisdiction  
Article 36  
1. Jurisdiction shall belong to the court within whose jurisdiction the defendant’s 
place of residence falls. If the defendant does not have a place of residence 
in the Kingdom, the jurisdiction shall belong to the court within whose 
jurisdiction the plaintiff’s place of residence falls.  
2. If neither the plaintiff nor the defendant has a place of residence in the 
Kingdom, the plaintiff may file the case wit h any court in any city in the 
Kingdom.  
3. In case of multiple defendants, jurisdiction shall belong to the court with 
jurisdiction over the place of residence of the majority. In case of equal 
numbers, the plaintiff shall have the right to file the case with  any court having 
jurisdiction over the place of residence of any of them.  
Article 37  
Cases against government agencies shall be filed with the court having 
jurisdiction over its head office. A lawsuit may be filed with the court having 
jurisdiction over t he branch of a government agency in matters relating to that 
branch.  
Article 38  
Lawsuits relating to existing companies and societies or those under liquidation, 
or to private establishments, shall be filed with the court having jurisdiction over 
its head office irrespective of whether the case is filed against the company, 
society or establishment, or by the company, society or establishment against 
a partner or a member, or by a partner or a member against another partner or 
member. A lawsuit may be filed  with the court having jurisdiction over the  Law of Civil Procedure  
 
 
 
 11 branch of a company, society or establishment in matters relating to that 
branch.  
Article 39  
The following shall be excluded from the application of Article 36 of this Law:  
1. A claimant of alimony shall have the r ight to file a lawsuit with the court having 
jurisdiction over the place of residence of either the claimant or defendant.  
2. A woman, in marital matters or matters relating to custody, visitation or 
deprivation of marriage by a guardian, shall have the right  to file the lawsuit 
in either her town or that of the defendant. If the court hears the lawsuit in 
the plaintiff’s town, it shall succeed the defendant’s town court to consider 
her lawsuit. If the lawsuit is transferred, the defendant shall be summoned to  
appear before the court with which the lawsuit is filed in order to proceed 
therewith. If the defendant abstains, the lawsuit shall be heard in absentia  
and if the lawsuit is not transferred, the court shall dismiss it without 
summoning the defendant.  
3. A plaintiff in lawsuits arising from traffic accidents occurring in a town other 
than that of the defendant shall have the right to file the lawsuit with the court 
within whose jurisdiction the place of the accident or defendant’s place of 
residence falls.  
Article 40  
A city, county or township shall be considered the territorial jurisdiction of the 
court located therein. If there are multiple courts, the Supreme Judicial Council 
shall designate the territorial jurisdiction of each. A township with no court sh all 
fall within the jurisdiction of the court of the nearest town within the province, 
unless the Supreme Judicial Council determines that they fall within the 
jurisdiction of another court in the same province. In case of conflict of territorial 
jurisdict ion, the case shall be referred to the Supreme Court to decide thereon.  
Part 3: Filing and Recording Lawsuits  
Article 41  
1. A lawsuit shall be filed with the court by the plaintiff, by means of a statement 
of claim signed by the plaintiff or his representative, in an original and as 
many copies as there are defendants.  
The statement of claim must include the following:  
a) Plaintiff's full name, identification number, profession or occupation, place 
of residence and place of work, as well as his repre sentative’s full name, 
identification number, profession or occupation, place of residence and 
place of work . 
b) Defendant's full name, available information about his profession or 
occupation, place of residence and place of work, or his last place of 
reside nce if he has no known place of residence .  Law of Civil Procedure  
 
 
 
 12 c) Date of submission of the statement of claim . 
d) The court before which the lawsuit is filed . 
e) Plaintiff’s designated place of residence in the town where the court is 
located if he has no place of residence therein . 
f) Subject matter of the suit and plaintiff’s claim and evidence.  
As to government agencies referred to in paragraphs (a, b and e) of this Article, 
the name and location of said government agencies shall be deemed sufficient.  
The Supreme Judicial Council may , if necessary, add other means and details.  
2. A single statement of claim may not combine several unrelated claims.  
3.  
a) Rules and procedures relating to labor disputes shall apply to labor class 
action  lawsuits, unless the Supreme Judicial Council determines 
otherwise.  
b) A labor class action lawsuit shall mean any dispute arising between one 
employer (or more) and his employees, or a group of them, for reasons 
relating to work or terms thereof.  
Article 42  
The clerk shall enter the case in the court docket on the day the statement of 
claim is filed, upon recording the date of the hearing on the original and copies 
thereof in the presence of the plaintiff or his representative. The clerk shall, not  
later than the following day, deliver the original statement of claim and copies 
thereof to the process server or plaintiff, as the case may be, for serving and 
returning the original to the court administration.  
Article 43  
Taking into consideration the d ate set for appearance, the process server or 
plaintiff, as the case may be, shall serve a copy of the statement of claim to the 
defendant not later than 15 days from the date of receipt, unless a hearing is 
set within such period. In such case, the statem ent of claim shall be served 
prior to the hearing.  
Article 44  
The date of appearance before a general court shall not be less than eight days 
from the date of service of the statement of claim. The date of appearance 
before labor, commercial and family cou rts shall not be less than four days from 
the date of service of the statement of claim. The four -day period shall apply to 
labor, commercial and family cases brought before the general court in a county 
or township. Such period may be reduced to 24 hours in lawsuits arising from 
traffic accidents, or when necessary, provided that the litigant is served in 
person and is able to reach the court in time. Reduction of such period shall be 
with the permission of the court before which the lawsuit is filed.  
Article 45  
With the exception of summary cases and cases where the period of court date  Law of Civil Procedure  
 
 
 
 13 is shortened, the defendant shall deposit with the court his statement of defense 
at least three days prior to the hearing set for consideration of the case before 
the gene ral court and at least one day prior to the hearing before other courts 
and before labor, commercial and family circuits, if the case is considered by 
the general court in a county or township.  
Article 46  
Failure to observe the period set forth in Article 43 of this Law or the court date 
shall not invalidate the statement of claim, without prejudice to the right of the 
person served to postponement for completion of the period.  
Article 47  
If the plaintiff and defendant voluntarily appear before a co urt and request a 
hearing of their dispute, the court shall promptly hear the case, if possible, or 
set another hearing, even if the case is beyond its territorial jurisdiction.  
Article 48  
If a court sets a hearing for two litigants but they appear at othe r than the set 
date and they petition the court to consider their dispute, the court shall, if 
possible, grant such petition.  
Part 4: Appearance and Absence of Litigants and Representation in 
Litigation  
Chapter 1: Appearance and Representation in Litigatio n 
Article 49  
On the day set for consideration of the case, the litigants shall appear in person 
or through representation. If the representative is an agent, he shall be eligible 
to act as a legal representative according to the law.  
Article 50  
An agent sh all declare his appearance on behalf of his client and shall deposit 
a certified copy of the document of his power of attorney with the competent 
clerk. The court may, at its discretion, allow the deposit of the copy of the 
document by the agent within a p eriod prescribed by the court, provided that it 
is not later than the first hearing. The power of attorney may be established by 
a declaration to be entered in the hearing record and signed or thumb -printed 
by the principal.  
The aforementioned mandatory de posit shall also apply to trustees, guardians 
and administrators.   Law of Civil Procedure  
 
 
 
 14 Article 51  
Whatever the agent declares in the presence of the principal shall in effect be 
considered a declaration by the principal himself unless the principal denies it 
in the same hearin g. If the principal fails to appear, the agent may not concede 
the right claimed; make a waiver or accept a settlement; accept, direct, or reject 
an oath; drop the litigation; waive judgment in whole or in part or through any 
method of appeal; lift an inte rdiction; release a mortgage while leaving the debt 
unpaid; claim forgery; request dismissal of the judge; or select or reject an 
expert, unless he is specifically authorized to do so in the power of attorney.  
Article 52  
Resignation or dismissal of an agen t without the court’s approval shall not 
preclude continuation of the proceedings unless the principal notifies his 
adversary of the appointment of another agent, or of his intention to pursue the 
case pro se.  
Article 53  
 If the court establishes that an agent has been dilatory under the pretext of the 
need to consult his client with the intent to procrastinate, the court may instruct 
the principal himself to complete the proceeding or assign another agent.  
Article 54  
A judge, a member of the Bureau of Investigation and Public Prosecution, or a 
court employee may not serve as an agent for a litigant in a case, even if filed 
before a different court. They are, however, permitted to represent their 
spouses, ascendants and des cendants as well as persons legally under their 
guardianship.  
Chapter 2: Absence of Litigants  
Article 55  
If the plaintiff is absent from a hearing without an excuse acceptable to the 
court, the case shall be dismissed. The plaintiff may, however, petition 
continuation of the case. In such case, the court shall schedule a hearing for 
consideration and shall notify the defendant. If the plaintiff is absent again 
without an excuse acceptable to the court, the case shall be dismissed and may 
only be he ard pursuant to a decision by the Supreme Court.  
Article 56  
In the cases provided for in Article 55 of this Law, if the defendant attends the 
hearing from which the plaintiff is absent, he may petition the court not to 
dismiss the case and to render a deci sion on its merits; in which case, the court  Law of Civil Procedure  
 
 
 
 15 shall rule on such case and the judgment shall be considered in absentia  with 
respect to the plaintiff.  
Article 57  
1. If the defendant is absent from the first hearing without being notified in 
person or through hi s agent, consideration of the case shall be postponed to 
a subsequent hearing of which the defendant shall be notified. If he is absent 
from said hearing without an excuse acceptable to the court and without 
being notified in person or through his agent, t he court shall rule on the case 
and its judgment shall be considered in absentia  with respect to the 
defendant.  
2. If the defendant or his agent in the same case is notified of the date of hearing 
in person, or a memorandum of defense is deposited with the co urt by the 
defendant or his agent prior to the scheduled hearing of the case, or if the 
defendant appears at any of the hearings then fails to appear again, the court 
shall rule on the case and the judgment shall not be deemed in absentia  with 
respect to t he defendant.  
3. If the defendant, who has no known or designated place of residence in the 
Kingdom, fails to appear after being served pursuant to Article 17(i) of this 
Law, the court shall rule on the case and the judgment shall be deemed in 
absentia  with r espect to the defendant.  
4. If the defendant is absent in cases relating to marital matters or matters of 
custody, alimony, visitation or prevention of a woman from marriage by her 
guardian, the court may order the defendant to be brought by force in 
accordan ce with controls stipulated in the regulations of this Law.  
Article 58  
In case of multiple defendants, where some are served in person while the 
others are not, and all of them or only those not served in person are absent, 
the court shall, in other than s ummary cases, postpone consideration of the 
case to a subsequent hearing and the plaintiff shall serve notice of that hearing 
to those absent who are not served in person. The decision in the case shall 
not be deemed in absentia  with respect to served defe ndants.  
Article 59  
In application of the preceding provisions, a person shall not be considered 
absent if he arrives 30 minutes prior to the end of a hearing’s scheduled time if 
such hearing has not started. If he arrives while the hearing is in progress, he 
shall be considered present.  
Article 60  
1. A person against whom a judgment in absentia  has been rendered may, 
within the appeal period specified in this Law, challenge the judgment before 
the court which rendered it, as of the date of notifying him or his agent of the 
judgment.  
2. The appeal shall be filed by a memorandum pursuant to established  Law of Civil Procedure  
 
 
 
 16 procedures for filing cases. Said memorandum shall state the number and 
date of appealed judgment and grounds for such appeal.  
3. If the appellant or his agent  fails to attend the first hearing of the appeal, the 
court shall, upon its own motion, rule that the right to appeal is deemed 
forfeited and such judgment shall be deemed final.  
4. The court may order provisional stay of execution of an appealed judgment 
if it is petitioned to do so in the memorandum of appeal and the execution of 
said judgment would result in a grave and irreparable harm.  
5. Execution of a judgment in absentia  shall be stayed if reversed by a 
judgment.  
Part 5: Hearing Procedures and Order  
Chapt er 1: Hearing Procedures  
Article 61  
Hearings shall be attended by the legally required number of judges. If the 
required number is not satisfied, the chief judge shall assign a judge to 
complete the quorum. If this is unattainable, the Chairman of the Supr eme 
Judicial Council shall assign a judge to complete the quorum.  
Article 62  
The clerk shall each day draft a list of cases arranged according to time 
scheduled for their consideration. Upon presentation to the judge, the list shall 
be posted on the docket  prior to the hearing date.  
Article 63  
Litigants shall be called at the time scheduled for considering their case.  
Article 64  
Hearings shall be held in open court unless the judge, upon his own motion or 
the motion of one of the parties, holds the hearing in a closed session in order 
to maintain order, observe public morality or protect the privacy of the family.  
Article 65  
Arguments shall be oral. This, however, shall not preclude the presentation of 
statements or defenses in written memoranda, copies of which may be 
exchanged between litigants. The original shall be kept in the case file and 
referenced in the record. The court shall grant litigants sufficient time to review 
and respond to the documents when necessary.   Law of Civil Procedure  
 
 
 
 17 Article 66  
The j udge shall ask the plaintiff with regard to necessary aspects of his claim 
prior to questioning the defendant and may not otherwise proceed with the 
case. If the plaintiff is unable or unwilling to do so, the judge shall dismiss the 
case.  
Article 67  
If the  defendant categorically refuses to answer or gives answers not relevant 
to the case, the judge shall repeat the request for a correct answer three times 
in the same hearing. If the defendant persists, the judge shall caution him and 
then consider him to h ave declined, and shall proceed with the case in 
accordance with Sharia.  
Article 68  
If either party presents a valid defense and requests a response from the other 
party who asks for postponement, the judge may postpone the case if he deems 
it necessary, b ut postponement may not be granted again for responding to the 
same request except for a reason acceptable to the judge.  
Article 69  
Arguments shall close once litigants conclude their arguments. The court may, 
prior to pronouncement of judgment, and for ju stifiable reasons, reopen 
arguments on its own motion or the motion of one of the litigants and re -enter 
the case in the docket.  
Article 70  
Litigants may, at any stage of the case, ask the court to enter agreed -upon 
acknowledgement, settlement, or the like  in the case record, and the court shall 
issue a deed to that effect.  
Article 71  
The clerk shall, under the supervision of the judge, enter the minutes of the 
arguments in the record, stating the date and time of the beginning and end of 
each argument, gr ounds for reviewing the case, name of the judge and names 
of litigants and agents. The judge, clerk and persons whose names are 
mentioned therein shall sign the record. If any declines to sign, the judge shall 
indicate the same in the record of the hearing . 
Article 72  
Particulars provided in statements of claim, processes, case records, 
representations and the like, may be entered electronically and shall have the 
same legal effect as written documents in accordance with the Electronic 
Transactions Law.   Law of Civil Procedure  
 
 
 
 18 Chapter 2: Hearing Order  
Article 73  
1. The presiding judge shall be in charge of order and management of the 
hearing and may, for this purpose, remove from the courtroom any person 
who disturbs order. If such person does not comply, the court may 
immediately imprison him for a period not exceed ing 24 hours. Its decision 
shall be final. The court may reverse such decision.  
2. In the event of a crime committed while the court is in session, the presiding 
judge shall order the recording of the crime and refer the same to the Bureau 
of Investigation a nd Public Prosecution for necessary legal action. He may 
also order the arrest of the offender.  
3. The court rendering the judgment shall review claims for damages resulting 
from repeated default in fulfillment of liabilities subject of the case.  
Article 74  
The presiding judge shall be in charge of directing questions to litigants, 
witnesses and other persons related to the suit. Other circuit judges 
participating in the hearing as well as litigants may petition him to direct 
questions relating to the suit. Th e presiding judge may delegate the questioning 
of litigants, witnesses and others to any member of the panel.  
Part 6: Motions, Joinder, Intervention and Incidental Petitions  
Chapter 1: Motions  
Article 75  
Motions for the invalidity of the statement of claim , improper venue, or for 
transferring the case to another court because the same dispute or another 
related case is filed with said court, shall be presented before any request or 
defense is made in the case; otherwise, any right not so presented shall be 
forfeited.  
Article 76  
1. A motion for lack of jurisdiction; type or value of the suit; dismissal of the suit 
for lack of capacity, interest or any other ground; or if the suit has been 
previously decided, shall be admissible at any stage of the hearing and shall 
be decided by the court on its own motion.  
2. If the court determines that a motion for dismissal of the case for lack of 
defendant's capacity is justifiable, it shall postpone the case in order to notify 
the person with proper capacity.   Law of Civil Procedure  
 
 
 
 19  Article 77  
The court shall rule independently on motions provided for in Articles 75 and 76 
of this Law unless it decides to include them with the subject matter of the suit; 
in which case, it shall indicate its ruling on both the motions and subject matter.  
Article 78  
Subject to Article 178 of this Law, if a court rules that it lacks jurisdiction and 
said ruling becomes final, it shall refer the suit to the competent court and notify 
the litigants accordingly.  
Chapter 2: Joinder and Intervention  
Article 79  
A litigant ma y petition the court to join in the suit whoever would validly have 
been a litigant when the case was filed, following normal summons procedures. 
The court shall, if possible, rule on the petition for joinder and on the original 
suit in the same judgment; otherwise, it shall rule on the petition for joinder after 
ruling on the original suit.  
Article 80  
The court may, on its own motion or the motion of a litigant, order the joinder of 
a person if it would serve the interest of justice.  
The court shall set a date within a period not exceeding 15 days for the 
appearance of the person ordered to be joined by the court or at the petition of 
litigants, in accordance with applicable case -filing procedures.  
Article 81  
Any person with interest may intervene in the case by joining one of the litigants 
or by petitioning a judgment for himself on a matter related to the case. 
Intervention shall be pursuant to a memorandum served to the litigants before 
the day of the hearing in accordance with applicable case -filing pr ocedures, or 
pursuant to an oral petition made during the hearing in the presence of the 
litigants. Said petition shall be recorded in the hearing transcript. No 
intervention may be permitted after the closing of proceedings.  
Chapter 3: Incidental Petition s 
Article 82  
Incidental petitions shall be filed by the plaintiff or defendant by means of a 
memorandum served to the litigants before the day of the hearing in  Law of Civil Procedure  
 
 
 
 20 accordance with applicable case -filing procedures, or pursuant to an oral 
petition made during the hearing in the presence of the litigant. Said petition 
shall be recorded in the hearing transcript. No incidental petitions may be 
permitted after the closing of proceedings.  
Article 83  
The plaintiff may make the following incidental petitions:  
a) Matters that involve correcting the original petition or amending its subject 
matter to meet exigencies that arose or became known after the lawsuit was 
filed. 
b) Matters complementing, arising from, or indivisibly linked to the original 
petition . 
c) Matters inv olving an addition or a change to the grounds of the case, leaving 
the original subject matter of the case unchanged . 
d) Petitioning an order for preventive or temporary action . 
e) Whatever the court permits in connection with the original petition.  
Article 84  
The defendant may make the following incidental petitions:  
a) Petition for judicial offset.  
b) Petition for a judgment for compensation for damages sustained as a result 
of the original case or a proceeding therein . 
c) Any petition which, if granted, results in not rendering judgment on all or 
some of the petitions of the plaintiff, or rendering a judgment with limitations 
for the benefit of the defendant . 
d) Any petition indivisibly linked to the original case . 
e) Whatever the court permits in connection with the original  case.  
Article 85  
The court shall, if possible, rule on an incidental petition along with the original 
case; otherwise, it shall retain the incidental petition for ruling upon ascertaining 
its validity.  
Part 7: Suspension, Discontinuance and Abandonment of Litigation  
Chapter 1: Suspension of Litigation  
Article 86  
Court proceedings may be suspended by agreement of the litigants for a period 
not exceeding six months following approval of such agreement by the court. 
Said suspension shall have no  effect on any time limitation set by the law for a 
particular proceeding.   Law of Civil Procedure  
 
 
 
 21 A litigant may, subject to the approval of the adverse party, petition proceeding 
with the case prior to expiration of the agreed -upon period.  
If the litigants do not resume the cas e proceedings within the 10 days following 
the end of the specified period, the plaintiff shall be deemed to have abandoned 
his case.  
Article 87  
If a court determines that its judgment on the merit of a case should be 
contingent on deciding another matter on which the judgment depends, it shall 
order suspension of the case. Once the ground for such suspension no longer 
exists, the litigants may petition resumption of the case.  
Chapter 2: Discontinuance of Litigation  
Article 88  
1. Unless the case is ripe for ju dgment on its merits, litigation shall discontinue 
upon the death of a litigant, loss of capacity to litigate, or loss of capacity to 
represent any of the litigants. Litigation, however, shall not discontinue upon 
the expiry of a power of attorney. The cou rt may grant ample time to the 
principal if he appoints a new agent within 15 days of the expiry of the first 
power of attorney. If, however, the case is ripe for judgment, the litigation 
shall not be discontinued and the court shall render a judgment ther eon. 
2. In case of multiple litigants and ground for discontinuance applies against 
one of them, the case shall proceed with respect to the remaining litigants, 
unless the subject matter of the case is indivisible; in which case, litigation 
with respect to all litigants shall discontinue.  
Article 89  
A case shall be considered ripe for judgment on its merits if the litigants make 
their statements and closing arguments during the litigation hearing before the 
existence of a ground for discontinuance.  
Article 90  
Discontinuance of litigation shall entail the suspension of all procedural dates 
effective against litigants and invalidation of all proceedings occurring during 
the discontinuance.  
Article 91  
Proceedings of the case shall resume  at the request of a litigant by summons 
duly served to the successor of the person against whom ground for 
discontinuance applies or to the other litigant. Proceeding with the case shall 
also resume if the hearing scheduled for consideration of the case i s attended 
by the successor or the person against whom ground for discontinuance  Law of Civil Procedure  
 
 
 
 22 applies.  
Chapter 3: Abandonment of Litigation  
Article 92  
The plaintiff may abandon litigation by notifying his adversary by a statement 
made before the competent court clerk; an explicit statement in a memorandum 
signed by him or his agent and made available to the adverse party; or an oral 
petition during a hearing and its entry into the record. After the defendant 
submits his defense, abandonment is permitted only with the de fendant’s 
approval.  
Article 93  
Abandonment shall entail nullification of all litigation proceedings, including the 
statement of claim. Such abandonment, however, shall not affect the right 
claimed.  
Part 8: Recusal and Disqualification of Judges  
Article 94  
A judge shall be barred from considering and hearing a case in the following 
cases, even without a petition by any of the litigants:  
a) If he is the husband, relative or in -law up to the fourth degree of a litigant . 
b) If he or his wife has an existin g dispute with a litigant in the case or with the 
wife of a litigant . 
c) If he is an agent, guardian, trustee, or a potential heir of a litigant or if he is 
the husband of the guardian or trustee of a litigant or if he is a relative or an 
in-law up to the fou rth degree of such guardian or trustee . 
d) If he, his wife, a relative thereof, an in -law in the ancestral line or a person 
for whom he is an agent or guardian, has an interest in the case . 
e) If he had provided a fatwa (religious legal opinion) or published his  opinion 
on the subject of the case, or litigated on behalf of one of the litigants in the 
case, even if it were before he joined the judiciary, or if he had earlier 
considered the case as a judge, expert or arbitrator or had been a witness in 
the case or had engaged in any investigative action therein.  
Article 95  
An action or decision by a judge in any of the cases set forth in Article 94 of this 
Law shall be null and void even with the agreement of the litigants. If such 
nullification occurs with respect to an affirmed judgment, a litigant may petition 
the Supreme Court to nullify the judgment and assign another court to 
reconsider the case.   Law of Civil Procedure  
 
 
 
 23 Article 96  
1. A judge may be disqualified for any of the following reasons:  
a) If he, or his wife, has a case similar to the case before him . 
b) If he, or his wife, has a dispute with a litigant or the wife of the litigant after 
the case under consideration was filed before the judge, unless such case 
was filed with the intention of disqualifying the judge from consi dering the 
case pending before him . 
c) If his divorcee with whom he has a child or one of his relatives or in -laws 
up to the fourth degree has a dispute before the court with a litigant in the 
case or with the wife of the litigant, unless the case was brought  with the 
intention of disqualifying him . 
d) If a litigant is his servant or the judge had regularly dined or resided with 
him, or if he had received a gift from him shortly before the lawsuit was 
filed or thereafter . 
e) If enmity or friendship exists between hi m and a litigant which would likely 
compromise his ability to judge impartially.  
2. A petition for disqualification shall result in a stay of the case until said 
petition is decided on.  
Article 97  
A judge may not refrain from considering a case before him unl ess he is barred 
from considering such case or if ground for disqualification exists. He shall 
contact his immediate superior for permission to recuse himself. The same shall 
be entered into a special record kept at the court.  
Article 98  
If there is ground  for the judge to be disqualified and he fails to recuse himself, 
a litigant may request his disqualification. If the ground for disqualification is not 
stated in Article 96 of this Law, a motion for disqualification shall be filed before 
any defense or pl ea is presented in the case; otherwise such right is forfeited. 
Nevertheless, such motion may be filed if the grounds therefor occurred 
afterwards or if the petitioner proves that he had no knowledge thereof. In any 
case, no motion for disqualification may  be granted after closing of arguments.  
Article 99  
A motion for disqualification shall be filed with the court administration. It shall 
be signed by the petitioner, include grounds for disqualification and be 
accompanied with any supporting documents.  
Article 100  
1. The court administration shall immediately notify the judge of the motion for 
disqualification, and the judge shall within four days following the notification 
respond to the chief judge of the court in writing regarding disqualification 
and grounds thereof. If he fails to respond within the prescribed period, or if 
he responds in support of the grounds for disqualification and such grounds 
are valid, or if he refutes such grounds but are proven against him, the chief  Law of Civil Procedure  
 
 
 
 24 judge of the court shall declare him disqualified from considering the case.  
2. If the judge sought to be disqualified is a chief judge of a court of first 
instance, the motion for disqualification shall be decided by the chief judge 
of the competent court of appeals. If the judge to be disqualified is a chief 
judge of a court of appeals or a judge of the Supreme Court, the motion for 
disqualification shall be decided by the Chief Judge of the Supreme Court.  
3. If the chief judge – as the case may be – denies the motion for 
disqualification, he shall issue an order to this effect and such order shall be 
final.  
Part 9: Evidentiary Procedures  
Chapter 1: General Provisions  
Article 101  
Facts intended to be proven during arguments must be relevant, material to the 
case and admissible.  
Article 102  
If the evidence of a litigant is in a place beyond the court’s jurisdiction, said 
court shall deputize the judge with jurisdiction over that place to hear and verify 
such evidence.  
Article 103  
A court may abandon the evidentiary  procedures it ordered provided that it 
includes grounds therefor in the record. It may also disregard the result of the 
procedure provided that it explains the grounds therefor in its judgment.  
Chapter 2: Questioning Litigants and Admissions  
Article 104  
A court may question a litigant who is present, and each litigant may request 
the questioning of his adverse party who is present. Responses shall be given 
during the same hearing, unless the court decides to grant time for a response. 
The response shall b e in the presence of the person requesting the questioning.  
Article 105  
A court may, upon its own motion or the motion of a litigant, summon the 
adverse party for questioning if deemed necessary. A person whom the court 
decides to question shall attend the  hearing specified in the court order.   Law of Civil Procedure  
 
 
 
 25 Article 106  
If a litigant has an acceptable excuse for not appearing in person for 
questioning, the judge shall move to his place of residence or delegate a trusted 
person to question him. If the person sought for que stioning resides outside the 
area of the court’s jurisdiction, the judge shall delegate the court of said place 
of residence to question him.  
Article 107  
If a litigant fails to appear for questioning without an acceptable excuse, or 
refuses to answer for n o reason, the court may hear the evidence and draw 
whatever conclusion it deems proper from such failure to appear or refusal to 
answer. If the litigant who fails to appear or refuses to answer without 
justification has no evidence, he shall be deemed to h ave declined and the court 
shall take any necessary action in accordance with Sharia.  
Article 108  
The effect of a litigant's admission, during questioning or without questioning, 
shall be limited to him. The admission shall be made before the court during 
consideration of the case relating to the admission.  
Article 109  
A litigant's admission shall be valid if the litigant is legally competent and acts 
on his own volition. The admission of a person interdicted for imprudence shall 
be deemed valid in all matt ers not subject of interdiction according to Sharia.  
Article 110  
A litigant's admission shall not be divisible, whereby parts against him are 
admitted and parts in his favor are disregarded. Admission shall be taken as a 
whole except if it pertains to mult iple facts the existence of one of which does 
not entail the existence of others.  
Chapter 3: Oath  
Article 111  
A person requesting the adverse party to take an oath shall specify the facts 
regarding which the oath is to be taken. The court shall prepare th e wording of 
the oath as prescribed by Sharia. An illiterate deaf person shall take oath by 
means of an understandable sign.  
Article 112  
Taking or refusing to take oath shall be made only before the presiding judge 
during the hearing and shall have no effe ct outside such hearing unless there  Law of Civil Procedure  
 
 
 
 26 is a provision to the contrary.  
Article 113  
1. A person summoned to court to take oath must appear.  
2. If the person requested to take oath appears and declines without contesting 
the admissibility or relevance of the oath to the case, he must take the oath 
immediately or require that the adverse party take the oath. If he refuses 
without contesting or fails to appear without excuse, he shall be deemed to 
have declined.  
3. If the person requested to take oath appears but c ontests the admissibility 
or relevance of the oath to the case, he shall provide reasons therefor. If the 
court is not satisfied, he shall take oath; otherwise he shall be deemed to 
have declined.  
Article 114  
If the person requested to take oath has a reas on that prevents him from 
appearing, the court shall administer the oath at his place or assign one of its 
judges for such purpose. If he resides beyond the jurisdiction of the court, the 
court may delegate the court at his place of residence to administer  the oath. 
In either case, a transcript of the oath shall be drafted and signed by the oath 
taker, the delegated or assigned judge, the clerk and the litigants present.  
Article 115  
An oath shall be taken in the presence of the person requesting it, unless he 
waives his right to appear or fails to appear without an acceptable excuse 
despite his knowledge of the hearing.  
Chapter 4: Inspection  
Article 116  
The court may, on its own motion or the motion of a litigant, decide to inspect a 
disputed item either by presenting it to the court, if possible, or proceeding to 
its location or assigning the task to one of its judges, provided that such decision 
states the time of inspection. The court may assign the court with jurisdiction 
over the disputed item to underta ke the inspection; in such case, the assigned 
judge shall be notified of the assignment decision. Said decision shall contain 
all particulars pertaining to litigants, inspection place and other particulars 
necessary for clarification of the case.  
Article 1 17 
The court or the assigned or delegated judge shall invite the litigants at least 24 
hours prior to the scheduled time, not including travel time, by means of a 
memorandum sent through the court administration stating the venue, day and  Law of Civil Procedure  
 
 
 
 27 hour of the meeti ng. 
The court may, if necessary, place the item subject of inspection under custody 
until a judgment is issued or to any other time it deems proper.  
Article 118  
The court and the judge assigned or delegated for inspection may appoint one 
or more experts to assist in the inspection. The court, the assigned or delegated 
judge may hear the testimony of any witness at the place of dispute.  
Article 119  
A transcript of inspection result shall be drafted and signed by the inspector, 
clerk, attending experts, witnesses and litigants. Said transcript shall be entered 
into the case file.  
Article 120  
Any person with interest in establishing facts that may become subject of a 
dispute before the court in the future may file a summary case before t he 
competent court with venue jurisdiction for inspection of such facts – in the 
presence of persons with interest – and establishing their conditions. Request 
for inspection shall be made by means of a statement in accordance with 
standard case -filing pro cedures. Inspection and establishment of the condition 
shall be in accordance with the provisions of this Law.  
Chapter 5: Testimony  
Article 121  
A litigant who, during proceedings, requests proof by testimony of witnesses 
shall state in writing or orally du ring the hearing the facts he seeks to prove. If 
the court determines that such facts are admissible under the provisions of 
Article 101 of this Law, it shall decide to hear the witnesses, schedule a hearing 
for such purpose and ask the litigant to bring s aid witnesses.  
Article 122  
If a witness has an excuse for not appearing to testify, the judge shall proceed 
to his place to hear his testimony or the court may assign one of its judges for 
such purpose. If the witness resides outside the jurisdiction of th e court, it shall 
delegate the court of his place of residence to hear his testimony.  
Article 123  
The testimony of each witness shall be heard individually in the presence of the 
litigants but not in the presence of other witnesses whose testimony had not 
been heard. Failure of the litigant testified against to attend a testimony shall  Law of Civil Procedure  
 
 
 
 28 not preclude hearing it, and the same shall be read to him when he attends. 
Upon verification of his identity, a witness shall state his full name, age, 
occupation, place of residence and his relationship to the litigants whether by 
kinship, employment or any other form of relationship, if applicable.  
Article 124  
Testimony shall be given orally. The use of written notes during testimony is 
permitted only with the approval of t he judge provided it is justified by the nature 
of the case. A litigant against whom testimony is made may indicate to the court 
matters that may prejudice the witness or his testimony.  
Article 125  
The judge may, at his own motion or at the motion of a lit igant, direct to the 
witness questions he deems conducive to revealing the truth. The judge shall 
accede to the request of the litigant in this regard unless the question is 
immaterial.  
Article 126  
If an adverse party requests time to bring witnesses absen t from the hearing, 
he shall be granted the shortest period of time that is necessary in the opinion 
of the court. If he fails to bring them to the scheduled hearing or brought persons 
whose testimony was not conducive, he shall be allowed another period a nd 
warned that he would be deemed unable if he fails to present his witnesses. If 
he fails to present them in the third hearing, or presents some of the witnesses 
whose testimony is not conducive, the court may decide the dispute. If he does 
not present hi s witnesses, due to their absence or his lack of knowledge of their 
place of residence, he shall have the right to file a case when they are available.  
Article 127  
The testimony of a witness and his answers to questions directed at him shall 
be entered int o the record and stated in the first person without change. It shall 
then be read to him and he may enter any amendment thereto. The amendment 
shall be entered after the text of the testimony and signed by the witness and 
the judge.  
Chapter 6: Expertise  
Article 128  
1. The court may, when necessary, decide to assign one expert or more. The 
court’s decision shall specify his task, time for submitting his report, hearing 
date and, when necessary, an advance payment for the expert's fees and 
expenses, the litigant to deposit such payment and the deadline for making 
such deposit. The court may appoint an expert to provide an oral opinion in  Law of Civil Procedure  
 
 
 
 29 a hearing; in which case, the opinion shall be entered into the record.  
2. Regulations of this Law shall determine rules f or expert fees and expenses.  
3. Courts may seek the expertise of employees of government agencies.  
4. Regulations of this Law shall define the power of the Expertise Department 
at the Ministry of Justice which shall prepare a list of experts from other than 
gove rnment employees to assist the courts. Experts included in said list shall 
satisfy the following conditions:  
a) Be of good conduct . 
b) Hold a valid license issued by the competent authority to practice his 
profession.  
5. A department named Department of Experts sha ll be established in each 
court, as needed, and shall comprise members of the review committee, 
engineers, surveyors, interpreters and the like and shall be supervised by 
the chief judge.  
Article 129  
If a litigant fails to deposit the required amount by th e date set by the court, the 
other litigant may deposit said amount without prejudice to his right to recourse 
against the adverse party if a judgment is made in his favor. If the amount is not 
deposited by either party and deciding the case is dependent o n determination 
of the experts, the court may suspend the case until the amount is deposited.  
Article 130  
If the litigants agree on a particular expert, the court may approve their 
agreement; otherwise, it may select an expert in its own discretion and sha ll 
provide grounds thereof.  
Article 131  
Within the three days following depositing the amount, the court shall call the 
expert and explain to him his task in accordance with the assignment decision, 
and shall provide him with a copy thereof. The expert sha ll have access to 
documents deposited in the case file but he may not take any of said documents 
without the court’s permission.  
Article 132  
If the expert is not a court employee, he may, within three days of receiving his 
assignment decision, ask the cour t to relieve him of the assigned task. In this 
case, the court shall appoint another expert. It may, in accordance with Sharia, 
make an expert, who fails to perform his task, pay the costs spent in vain.  
Article 133  
Experts may be disqualified for the same reasons that disqualify judges. The 
court appointing the expert shall decide on disqualification motion in an 
unappealable decision. A motion to disqualify an expert made by the litigant 
who selected him shall be denied unless the reason for disqualif ication occurred  Law of Civil Procedure  
 
 
 
 30 after selection. No motion for disqualification may be granted once proceedings 
are closed.  
Article 134  
The expert shall set a date for commencing his work no later than 10 days 
following the date of receipt of the assignment decision, and shall notify the 
litigants of the place and time of the meeting in a timely manner. The expert 
shall commence his work even in the absence of the litigants provided that they 
are duly notified.  
Article 135  
The expert shall prepare a statement  detailing his tasks, attendance, 
statements and comments of the litigants as well as statements of persons 
concerned, and have it signed by them. The expert shall enclose with his 
statement a signed report providing the results of his work as well as his opinion 
and grounds thereof. If there are more than one expert, and they disagree, they 
shall present a single report in which they mention their individual opinions and 
grounds thereof.  
Article 136  
The expert shall deposit with the court his report and re lated statements and 
documents received. He shall inform the litigants of such deposit by registered 
mail within 24 hours following such a deposit.  
Article 137  
The court may, if it finds it necessary, summon the expert to a hearing to discuss 
his report. T he court may return the report to the expert to rectify any errors or 
deficiencies, or it may assign such task to another expert or experts.  
Article 138  
The expert's opinion is for guidance and may not be binding on the court.  
Chapter 7: Writing  
Article 13 9 
A document used for evidence shall be either on official paper or ordinary 
paper. An official paper is a paper on which a public servant or a person 
assigned to public service records actions taken by him or instructions received 
from concerned parties, pursuant to the law and within his powers and 
jurisdiction.  
An ordinary paper is a paper signed, sealed, or fingerprinted by the person 
issuing it.   Law of Civil Procedure  
 
 
 
 31 Article 140  
The court shall determine the effects of any alteration, deletion, insertion or 
other material d efects in a document on its validity as evidence.  
If the court finds the validity of a document questionable, it may ask the public 
servant who issued it or the person who drafted it for clarification.  
Article 141  
Challenge to official documents may not be  allowed except by claiming forgery, 
unless the content is in violation of Sharia.  
Article 142  
If the person to whom the contents of a document is ascribed denies that the 
handwriting, signature, fingerprint or seal belongs to him or to his successor or 
deputy while the document is material to the dispute and the facts and 
documents of the case are not sufficient to convince the court of the validity of 
the handwriting, signature, fingerprint or seal, the court may order a questioned 
document  examination (QDE) to be made under its supervision by one or more 
experts to be named in the QDE decision.  
Article 143  
The denied handwriting, signature, fingerprint or seal shall be compared with 
the established handwriting, signature, fingerprint or sea l of the person to whom 
the document is ascribed.  
Article 144  
The disputed document shall be signed by the judge and the clerk indicating 
that they have examined it. Transcript shall be entered into the record showing 
adequately the condition and descripti on of the document. Such transcript shall 
be signed by the judge, the clerk and the litigants.  
Article 145  
Litigants shall appear on the date set by the judge to present documents in 
order for the court to select from among them the documents suitable for QDE. 
If the litigant upon whom the burden of proof falls fails to appear for no excuse, 
a decision forfeiting his right to use the disputed document as evidence may be 
made. If his adverse party fails to appear, the documents presented for 
comparison may b e deemed valid.  
Article 146  
The judge and the clerk shall affix their signatures on the QDE documents prior 
to examination, and the transcript shall so indicate.   Law of Civil Procedure  
 
 
 
 32 Article 147  
If the original official document exists, a copy thereof issued by a public servan t 
within his competence and attested as a true copy of the original shall have the 
force of the original official document to the extent that he determines it to be 
true as the original. An attested copy shall be considered a true copy of the 
original unle ss disputed by a litigant; in such case, the copy shall be compared 
against the original. No copy shall be admissible in court if it is not attested to 
be a true copy of the original.  
Article 148  
A person holding an ordinary document may sue the person who m the 
document establishes a right against to make him acknowledge such right, 
even if the obligation set forth therein is not due at the time of the litigation. This 
shall be by means of a petition filed in accordance with standard case -filing 
procedures.  If the defendant appears and admits the authenticity of the 
document, the court shall record his admission. In case of denial, the court shall 
order verification under the aforementioned procedures.  
Article 149  
When necessary, the court may, on its own mo tion or the motion of a litigant, 
order as follows:  
1. Obtain documents or papers from government agencies in the Kingdom if 
the litigants are unable to do so. The litigant may indicate the content of such 
documents and their bearing on the case.  
2. Include any third party in order to compel him to produce documents or 
papers in his possession. The court may also refuse so if the holder has a 
legitimate interest in refusing to present the same.  
Article 150  
A claim of forgery may be made at any stage of the case b y means of a petition 
to the court setting forth all places of forgery claimed and verification 
procedures required for proof. A person charged with forgery may request 
verification process be suspended at any stage by waiving his right to use the 
disputed  document; in such case, the court may, if the claimant of forgery so 
requests for a legitimate interest, order entry of the document into the record or 
keeping it on file.  
Article 151  
A claimant of forgery shall deliver to the court the disputed document if in his 
possession or the copy served to him. If the document is in the possession of 
the adverse party, the judge, upon reviewing the petition, shall order him to 
deliver such document to the court. If the adverse party declines to deliver the 
document and the court is unable to find it, it shall be deemed non -existent. 
This shall not preclude taking any future action with respect to said document.   Law of Civil Procedure  
 
 
 
 33 Article 152  
If the claim of forgery is material to the dispute while the facts and documents 
of th e case are insufficient to convince the court whether the document is 
genuine or forged, and the court determines that the investigation requested is 
material to the case, the court shall order such investigation.  
Article 153  
If a document is established t o be forged, the court shall send said document 
and a copy of the relevant transcripts to the competent authority to take 
necessary penal action.  
Article 154  
The court may, even if no claim of forgery is made before it, exclude any 
document if it appears f rom its condition or from the circumstances of the case 
to be forged or suspected to be forged. The court may also exclude any 
document of questionable validity. In such cases, the court shall provide in its 
judgment the circumstances and presumptions upon  which it based its 
judgment.  
Article 155  
A person who fears that a forged document may be used against him may sue 
the person holding or benefiting from such document. This shall be by means 
of a petition filed in accordance with regular case -filing procedures. In 
investigating this case, the court shall observe the aforementioned rules and 
procedures.  
Chapter 8: Presumptions  
Article 156  
A judge may draw one or more presumptions from the facts of the case or from 
questioning litigants or w itnesses as grounds for his judgment, or complement 
incomplete established evidence, so that he becomes satisfied with the 
evidence to render judgment.  
Article 157  
Each litigant may rebut the presumption inferred by the judge; in such case, the 
presumption  loses its value as proof.  
Article 158  
In a dispute over ownership, possession of movable property shall be a 
rebuttable presumption of ownership by the possessor. The adverse party may 
prove otherwise.   Law of Civil Procedure  
 
 
 
 34 Part 10: Judgments  
Chapter 1: Rendering Judgments  
Article 159  
Upon completion of arguments, the court shall decide the case forthwith or 
postpone rendering judgment to another hearing and inform the litigants of the 
closing of arguments and of the date for pronouncing the judgment.  
Article 160  
In case of multiple judges, deliberations shall be in a closed session. 
Notwithstanding Article 162 of this Law, only judges who heard the arguments 
may participate in the deliberations.  
Article 161  
During deliberations, the court may not hear clarification s from a litigant except 
in the presence of the other litigant.  
Article 162  
If several judges consider the case, judgment shall be rendered unanimously 
or by majority opinion. The minority shall be the first to enter its opinion in the 
record. The majority  shall explain in the record its point of view in response to 
the view of the minority. If no majority is reached or if opinions diverge into more 
than two, the chief judge shall assign a judge to support one of the opinions so 
that a majority is reached f or judgment. If this proves unattainable, the 
Chairman of the Supreme Judicial Council shall assign a judge for such 
purpose.  
Article 163  
Upon closing of arguments and rendering of judgment in the case, the judgment 
shall be entered into the record precede d by the grounds on which it was based, 
and signed by the judge or judges who participated in consideration of the case.  
Article 164  
The judgment shall be pronounced by reading its wording, or its wording and 
grounds in an open hearing. The judges who part icipated in the deliberations 
shall be present when the judgment is pronounced. If one of the judges is 
unable to attend, his absence shall not affect the judgment if he has signed the 
judgment entered into the record.   Law of Civil Procedure  
 
 
 
 35 Article 165  
Upon pronouncement of the  judgment, the court shall inform the litigants of the 
prescribed manner and deadlines for appeal. Guardians, trustees, 
administrators, representatives of government agencies and the like shall also 
be informed – if the judgment is not in favor of their pr incipals or less than what 
they asked for – that the judgment must be appealed or reviewed and that the 
case will be referred to the court of appeals.  
Article 166  
1. Within a period not exceeding 20 days from the date of pronouncement of 
the judgment, the court shall issue a decree containing a summary of the 
case, responses, valid defenses, verbatim testimony of witnesses along with 
attestation of their characters, oaths, names of judges who participated in 
the judgment, names of litigants, a gents and witnesses, name of the court 
which considered the case, number and date of the case record, grounds 
and wording of the judgment, date of pronouncement, omitting redundant 
and repetitious sentences that have no bearing on the judgment. Said decree  
shall be signed by the judge or judges who participated in the judgment.  
2. Each judgment shall be entered in the judgments record, unless otherwise 
decided by the Supreme Judicial Council.  
3. A copy of the judgment decree shall be delivered within a period not  
exceeding the period provided for in paragraph 1 of this Article.  
Article 167  
If a judge’s jurisdiction over a case lapses before a judgment is rendered, his 
successor may continue with the case from the point where the proceedings of 
his predecessor ende d. He shall read to the litigants what is in the record, which 
he shall honor if signed by the previous judge along with the signatures of 
litigants and witnesses. If proceedings entered into the record are not signed 
by one or more of the litigants or the  judge and the litigants have not 
acknowledged the same, the arguments shall be heard anew.  
Article 168  
1. The judgment decree which governs execution shall be sealed with the seal 
of the court after adding the following text: All ministries and government 
agencies shall enforce this judgment by all applicable legal means, even if it 
requires the use of force by the police.   
2. The judgment decree shall be delivered only to the litigant with interest in its 
execution. Copies of the judgment without the execution  statement may be 
given to any party with interest.  
Article 169  
The judgment shall be subject to expeditious execution, with or without bail as 
the judge may deem fit, in the following circumstances:  
a) Judgments  in urgent matters . 
b) If the judgment involves alimony, breastfeeding cost, accommodation, child  Law of Civil Procedure  
 
 
 
 36 visitation, surrender of a child to his custodian, returning a woman to her 
mahrahm or dissolution of marriage . 
c) If the judgment involves payment of wages of a servant, craftsman, laborer, 
breastfee ding woman or custodian.  
Article 170  
A court before which an appeal is filed may, if it determines that the grounds for 
such appeal would result in reversal of the judgment, order stay of execution if 
it fears that it could lead to grave harm.  
Chapter 2: C orrection and Interpretation of Judgments  
Article 171  
The court shall, by a decision it issues pursuant to a petition by a litigant or upon 
its own motion, correct any material errors whether written or mathematical in 
the judgment decree. Such correction shall, upon entry of the decision into the 
case record, be made on the original decree and signed by the judge or judges 
of the issuing court.  
Article 172  
If the court rejects the correction, the objection thereto shall be in conjunction 
with the objection  to the judgment itself. A decision to make corrections may be 
independently objected to through regular procedures of objection.  
Article 173  
If the wording of the judgment is vague or confusing, the litigants may file a 
petition for an interpretation from  the court rendering such judgment, in 
accordance with applicable case -filing procedures.  
Article 174  
The interpretation of judgment shall be added to the original decree and signed 
and sealed by the judge or judges of the issuing court. The interpretation  shall 
be deemed complementary to the original decree and shall be subject to 
applicable rules of appeal.  
Article 175  
If a court neglects to decide on motions related to subject matter, the party with 
interest may petition the court to order the adverse p arty to appear before it, in 
accordance with applicable procedures, and rule thereon.   Law of Civil Procedure  
 
 
 
 37 Part 11: Methods of Objecting to Judgments  
Chapter 1: General Provisions  
Article 176  
Methods of objection to judgments are appeal, cassation and petition for 
reconsideration.  
Article 177  
Only the party against whom judgment is rendered or whose petitions are not 
fully awarded may object to the judgment, unless the law provides otherwise.  
Article 178  
1. No objection may be made to judgments issued before the case i s decided 
and with which the litigation does not end wholly or partly except in 
conjunction with the objection to the judgment on the merits. Filing an 
objection before rendering a decision on the merits may be permitted against 
a decision to stay the case  and against provisional and summary rulings and 
judgments subject to execution by force as well as judgments of lack of 
jurisdiction.  
2. Objection to temporary and expeditious judgments and judgments subject to 
execution by force shall not entail stay of ex ecution.  
Article 179  
1. The objection period to a judgment shall commence from the date a copy of 
the judgment decree is delivered to the person against whom the judgment 
was rendered and his signature was entered into the record or from the date 
set for receiving such copy if he  is not present. If he fails to attend to receive 
a copy of the judgment decree, said copy shall be deposited in the case file 
on the same date, marking such date in the record. Such deposit shall be 
deemed the commencement of the period for objection. The  objection period 
to a judgment in absentia  or a revised judgment before the Supreme Court 
shall commence from the date it is communicated to the person against 
whom it was rendered or his agent.  
2. If the person against whom the judgment was rendered is imprisoned or 
detained, the authority in charge of him shall bring him to court to receive a 
copy of the judgment decree within the specified period. Said authority shall 
also bring him to file his objection within the specified period.  
Article  180 
The period for objection shall be stayed upon the death or loss of competence 
of the person filing the objection or loss of capacity of his agent. Such stay shall 
continue until the judgment is communicated to the heirs or their representative, 
or the  contingency ends.   Law of Civil Procedure  
 
 
 
 38 Article 181  
If a judgment is objected to on grounds of lack of jurisdiction, the court 
considering such objection shall limit its consideration to jurisdiction.  
Article 182  
Reversal of judgments shall entail nullification of all subseque nt decisions and 
proceedings based on the reversed judgment.  
Article 183  
If part of a judgment is reversed, other parts shall remain enforceable, unless 
the judgment is indivisible.  
Article 184  
Courts of appeal and the Supreme Court shall be governed by th e rules and 
procedures established before courts of first instance, unless otherwise 
provided for in this Law.  
Chapter 2: Appeal  
Article 185  
1. All judgments rendered by courts of first instance shall be appealable except 
for judgments in petty cases as determined by the Supreme Judicial Council.  
2. The Supreme Judicial Council shall define the judgments for which revision 
by the court of appeals shall suffice.  
3. Any person against whom an appealable judgment is rendered may, within 
the statutory objection per iod, file for revision by the court of appeals without 
a hearing, unless the adverse party petitions for an appeal. In all cases, the 
court of appeals may, on its own motion, consider the case by means of a 
hearing.  
4. If the person against whom a judgment i s rendered is an endowment 
administrator, trustee, guardian or representative of a government agency or 
the like and fails to file an appeal within the statutory period, or if said person 
is absent and cannot be notified of the judgment, the court shall re fer the 
judgment to the court of appeals for revision, regardless of the subject of the 
judgment. This shall not include the following:  
a) A judgment issued by the competent court against the General 
Commission for Guardianship over Property of Minors and tho se of 
Similar Status to enforce a prior final judgment . 
b) A judgment regarding a sum of money which a person deposited for the 
benefit of another person or his heirs, unless the depositor or his 
representative objects thereto.   Law of Civil Procedure  
 
 
 
 39 Article 186  
New petitions shall  not be accepted in an appeal and the court shall dismiss 
them on its own motion.  
Article 187  
The period for filing an appeal or a petition for revision shall be 30 days, with 
the exception of judgments rendered in summary cases which shall be 10 days. 
If an appellant fails to submit his appeal within said periods, his right to appeal 
or to file a petition for revision shall be forfeited and the competent court shall 
record the same upon the expiry of the objection period in the case record. A 
note on the j udgment decree and record shall be made, indicating that the 
judgment is final, without prejudice to the provision of Article 185(4) of this Law.  
Article 188  
1. An appeal or a petition for revision shall be made by means of a brief 
deposited with the court rendering the judgment. Such brief shall contain the 
appealed judgment, its number, date, grounds for objection, claims of the 
appellant and his signature as well as the date of depositing the brief.  
2. The court shall enter the brief in the relevant re cord on the date of deposit 
and refer the same immediately to the court rendering the judgment.  
Article 189  
Upon reviewing the brief, the court which rendered the appealed judgment may 
reconsider such judgment in terms of grounds for appeal without a heari ng, 
unless necessary. The court shall, at its discretion, affirm or amend its 
judgment. If the court affirms the judgment, it shall refer it along with a copy of 
the case record and all papers to the court of appeals. If the court amends the 
judgment, the amended judgment shall be notified to the litigants and be 
governed by applicable procedures.  
Article 190  
1. The court of appeals shall schedule a hearing to consider the appeal or 
petition for revision if it determines to consider the same by means of a 
hearing. If the appellant or the person filing the petition for revision fails to 
appear before the court after being notified of the date of the hearing, and 
60 days have lapsed without making a request to proceed with the case or 
failing to appear in court a fter commencement of proceedings, the court 
shall, on its own motion, rule that his right to appeal or to file a petition for 
revision is deemed forfeited, without prejudice to the provision of Article 
185(4) of this Law.  
2. The court of appeals shall conside r the appeal or petition for revision based 
on the documents provided in the case file and new defense or evidence 
presented by litigants in support of their grounds for appeal as stated in the 
brief. Upon hearing the testimony of litigants with respect to  the appeal or 
petition for revision, the court shall, if it decides to consider the case by 
means of a hearing, affirm or reverse the judgment either wholly or partly  Law of Civil Procedure  
 
 
 
 40 and rule on the reversed part.  
Article 191  
If the court of appeals, in cases reviewed wi thout hearings, determines that the 
consequences of the text of the judgment are consistent with Sharia, it shall 
affirm the judgment and provide comments not requiring the reversal of 
judgment. If it reverses the judgment wholly or partly, it shall rule o n the 
reversed part after hearing the litigants.  
Article 192  
If the court of appeals nullifies the judgment of lack of jurisdiction rendered by 
the court of first instance, or admits a partial defense resulting in a stay of action, 
it shall refer the case to the court rendering the judgment for consideration of 
the merits.  
Chapter 3: Cassation  
Article 193  
A party may apply to the Supreme Court for reversal of judgments and 
decisions rendered or affirmed by the courts of appeal if the objection is based 
on any of the following grounds:  
1. Violation of provisions of Sharia or laws not conflicting therewith.  
2. Issuance of a judgment by a court not properly formed in accordance with 
the law.  
3. Issuance of a judgment by an incompetent court or circuit.  
4. Error in characterization or description of a case.  
Article 194  
The period for filing a petition for reversal of judgment shall be 30 days, 
excluding judgments rendered in summary cases, the period for which shall be 
15 days. If an appellant fails to file his objec tion within said periods, his right to 
such petition shall be deemed forfeited.  
Article 195  
1. A petition for reversal of judgment shall be made through a brief filed with 
the court of appeals which rendered or affirmed the judgment. Such appeal 
shall include  the name and address of each litigant, the judgment objected 
to, its number, date, grounds for objection, requests, signature of the 
appellant and date of filing.  
2. The court of appeals shall enter the brief in the relevant record on the date 
of filing and refer the same along with a copy of the case record and all 
documents to the Supreme Court within a period not exceeding three days 
from the end of the objection period.   Law of Civil Procedure  
 
 
 
 41 Article 196  
An objection before the Supreme Court shall not stay execution of judgment  
unless otherwise provided by law. The court may order provisional stay of 
execution of judgment if petitioned to do so in the brief and if execution of said 
judgment would result in grave and irreparable harm. If the court orders stay of 
execution, it may  require a security or a solvent guarantor, or whatever it deems 
appropriate, to protect the rights of the respondent.  
Article 197  
The Supreme Court shall consider the formalities of the appeal with respect to 
the information provided for in Article 195(1)  of this Law, and whether said 
appeal is made by an eligible person. The court shall decide whether to grant 
the objection or dismiss it in form. If the appeal is dismissed in form, the court 
shall render a separate decision to this effect.  
Article 198  
If the Supreme Court grants the objection in form, it shall determine its subject 
matter based on available documents, without discussing the facts of the case. 
If the court is not satisfied with the grounds of the objection, it shall affirm the 
judgment o r reverse it in whole or in part – as the case may be – stating grounds 
therefor, and return the case to the rendering court to rule thereon anew by a 
different judge. If the judgment is appealed for the second time and the case is 
ready for judgment, the court shall rule thereon and its judgment shall be 
deemed final.  
Article 199  
Grounds not stated in the memorandum of appeal may not be invoked before 
the Supreme Court, unless such grounds pertain to mandatory aspects of the 
Law. In such case, the court sh all, upon its own motion, rule accordingly.  
Chapter 4: Petition for Reconsideration  
Article 200  
1. Any litigant may petition for reconsideration of final judgments in the following 
circumstances:  
a) If the judgment was based on documents that were subsequently f ound 
to be forged or based on a testimony that was subsequently ruled 
perjurious by the competent authority . 
b) If the petitioner, after the judgment was rendered, obtained conclusive 
documents for the case that he was unable to produce before the 
rendering o f the judgment . 
c) If an act of fraud was committed by the adverse party which would have a 
bearing on the judgment .  Law of Civil Procedure  
 
 
 
 42 d) If the judgment awards what the litigants did not ask for or more than what 
they asked for . 
e) If the wording of the judgment was contradictory;  
f) If the judgment was in absentia . 
g) If the judgment was rendered against a person not properly represented 
in the case.  
2. Anyone who was bound by the judgment and was neither joined nor did he 
intervene in the case may petition for reconsideration of final judgments.  
Article 201  
The period for a petition for reconsideration shall be 30 days commencing from 
the day on which the petitioner is established to have known of the forgery of 
the documents, the testimony was ruled to be perju rious, the document 
provided for in Article 200(1)(b) of this Law appeared, or fraud was discovered. 
The period for cases provided for in Article 200(1)(d, e, f and g) of this Law shall 
commence from the time the judgment was communicated. The period for t he 
case provided for in Article 200(2) of this Law shall commence on the date the 
petitioner becomes aware of the judgment.  
Article 202  
1. A petition for reconsideration shall be made through a brief filed with the court 
which rendered the judgment. Such bri ef shall indicate the judgment sought 
to be reconsidered, its number, date and grounds for reconsideration. The 
court administration shall, on the date of deposit, enter the brief in the 
relevant record. If the judgment is affirmed by the Supreme Court or court of 
appeals, the court which rendered the judgment shall refer the petition for 
reconsideration to the court which has affirmed the judgment to consider the 
petition. The court shall, as the case may be, issue a decision granting or 
denying the petiti on for reconsideration. If the petition is granted, the case 
shall be considered by the court which rendered the judgment and shall notify 
the parties thereof. If the petition is denied, the petitioner may object to such 
denial in accordance with applicabl e procedures, unless the decision was 
rendered by the Supreme Court.  
2. Filing a petition for reconsideration shall not stay execution of judgment. 
Nonetheless, the court considering said petition may order stay of execution 
of judgment if petitioned to do so  and if execution of said judgment would 
result in grave and irreparable harm. If the court orders stay of execution, it 
may require a security or a solvent guarantor, or whatever it deems 
appropriate, to protect the rights of the respondent.  
Article 203  
Judgments rendered on the merits of the case by a court other than the 
Supreme Court, upon a petition for reconsideration, may be objected to by 
means of appeal or request for reversal, as the case may be.  
Article 204  
1. A decision denying the petition and a judgment issued on the merits of the  Law of Civil Procedure  
 
 
 
 43 case upon granting such petition may not be objected to by means of a 
petition for reconsideration.  
2. Any litigant may file another petition for reconsideration on grounds not 
previously considered, as provided for in Art icle 200 of this Law.  
Part 12: Summary Proceedings  
Article 205  
The court with jurisdiction over consideration of the subject shall provisionally 
consider the case on the merits in urgent matters related to the same case that 
the lapse of time may affect. S uch decision shall not affect the merits of the 
case, regardless of whether the motion for a provisional action was made 
independently or as part of the original case.  
Article 206  
Summary cases shall include the following:  
a) Cases of inspection to establish a condition . 
b) Cases of an injunction banning travel . 
c) Cases of an injunction banning interference with possession and recovery of 
possession . 
d) Cases of suspension of new actions . 
e) Cases requesting receivership . 
f) Cases relating to daily wages . 
g) Other cases deemed urgent by law.  
Article 207  
The period for appearance in summary cases shall be 24 hours. Such period 
may, in compelling circumstances, be reduced by court order.  
Article 208  
A claimant may, during consideration of the case or immediately before it, file 
a summary case before the competent court to ban his adverse party from 
travel. The judge shall issue an injunction banning travel in case of a flight risk. 
In such case, the claimant shall provide security, as determined by the judge, 
to indemnify th e defendant if the case is found to have no merit. A judgment 
indemnifying the defendant for damages resulting from the banning of his travel 
shall be appended to the judgment on the merit.  
Article 209  
1. A person having a prima facie claim may file a summary  case before the 
court having jurisdiction over the merits of the case for injunction against 
interference with possession or recovery of possession. The judge shall 
issue an injunction against interference with possession or recovery of  Law of Civil Procedure  
 
 
 
 44 possession if deem ed justifiable. Such an injunction shall have no effect on 
the merits of the claim, nor be deemed as evidence therefor. A person 
disputing the basis of such claim may resort to court as provided for in this 
Law.  
2. A possessory action may not be combined with a claim of ownership; 
otherwise, the possessory action shall be deemed forfeited. A defendant in 
a possessory action may not base his defense on a claim of ownership and 
his claim of ownership may not be granted prior to determination of the 
possessory action and execution of judgment; unless he actually 
relinquishes his possession to the adverse party.  
Article 210  
A person harmed by an unlawful action may file before the competent court a 
summary suit to halt said action. The judge shall issu e an injunction if he is 
convinced of the justifications. Such an injunction shall have no effect on the 
original right, nor may it serve as evidence therefor. A person disputing the 
same may resort to court as provided for in this Law.  
Article 211  
A recei vership suit involving disputed movable or immovable property where 
the right thereto is not established shall be filed with the court having jurisdiction 
over the subject matter. The judge may order placement under receivership if 
the party having an inte rest in the movable or immovable property presents 
reasonable cause that an imminent danger is feared if the property remains in 
the hands of its possessor. The receiver shall undertake to hold and manage 
the property and return it along with the proceeds derived therefrom to the 
person whose right thereto is established.  
Article 212  
The appointment of a receiver shall be by agreement of all concerned parties. 
The judge shall make the appointment if no agreement is reached. The 
judgment for receivership sha ll specify the obligations, rights and powers of the 
receiver. If the judgment is silent on the matter, the provisions of this Law shall 
apply.  
Article 213  
The receiver shall safeguard the property under his custody and manage it as 
necessary. He shall exercise due diligence and may not directly or indirectly 
delegate in the performance of his duties, wholly or partly, a concerned party 
without the consent of the remaining parties.  
Article 214  
In other than management matters, the receiver may only  act with the consent 
of all parties concerned or upon permission from the judge.   Law of Civil Procedure  
 
 
 
 45 Article 215  
A receiver may receive the remuneration specified in the judgment, unless he 
waives the same.  
Article 216  
The receiver shall maintain orderly books and records. T he judge shall require 
him, when necessary, to use books carrying the court stamp. He shall, at 
intervals specified by the judge, or annually at least, give the concerned parties 
a financial statement along with supporting documents. If the receiver is 
appointed by court, he shall deposit a copy of such statement with the court.  
Article 217  
Receivership shall end by agreement of all the parties concerned or by a court 
judgment. The receiver shall then return the property under his custody to the 
person chos en by the concerned parties or appointed by the judge.  
Part 13: Declarations  
Chapter 1: General Provisions  
Article 218  
1. Provisions relating to recusal of judges shall apply to establishment of title 
and other declarations if the same are disputed or the relevant judge has 
direct interest therein.  
2. Provisions relating to cancellation, suspension, discontinuation and 
abandonment of a lawsuit shall apply to disputed declarations.  
3. Provisions relating to correction and interpretation of judgments shall apply 
to declarations.  
4. The regulations of this Law shall define the controls and procedures relating 
to the division of common property within the jurisdiction of the court, 
including distribution of inheritance, procedures for appointing liquidators, 
service of n otices, summoning, announcement and eviction from real 
property.  
Chapter 2: Endowments and Minors  
Article 219  
A judge may not register the establishment of an endowment unless ownership 
of said endowment by the endower is established and upon verification that his 
record is free from any encumbrances to such registration.   Law of Civil Procedure  
 
 
 
 46 Article 220  
An applicant for endowment registration shall submit an application to the 
competent court supported by official documents that establish ownership of 
the property to be endowe d. 
Article 221  
Endowments without registered title deeds shall be established in accordance 
with applicable rules and procedures for establishment of titles.  
Article 222  
Subject to the provisions of ownership of real property by non -Saudis, 
endowment of re al property owned by non -Saudis – within the Kingdom – may 
not be registered unless the following conditions are satisfied:  
a) the endowment is in compliance with Sharia;  
b) the endowment is for a continuing charity cause;  
c) the endowment is for Saudi individuals or Saudi charities;  
d) the endowment administrator is a Saudi citizen;  
e) the endowment deed provides for the right of the General Endowment 
Council to oversee the endowment; and  
f) the endowment is subject to the regulations  governing endowments in the 
Kingdom.  
Article 223  
1. If public interest requires a public endowment to be sold, substituted or 
transferred, the administrator may do so upon permission by the court where 
said endowment is located, and shall establish legitimat e grounds for selling, 
substituting or transferring said endowment, provided that the proceeds are 
used, without delay, to acquire a similar property.  
2. If interest dictates disposal of a private endowment by means of sale, 
exchange, transfer, pledge, borro wing, construction, purchase of a 
substitute, parceling, merger, lease for more than 10 years or trading in the 
proceeds thereof – if the price is insufficient to buy a substitute – the 
administrator may do so upon the competent court permission.  
Article 2 24 
If the guardian is other than the father and there is a need to act on behalf of a 
minor or an absentee in the purchase, sale, division, pledge or merger of a real 
property, or borrowing for him or disposal, for any reason, of his money that is 
deposite d by the court with the Saudi Arabian Monetary Agency or a branch 
thereof or with a local bank, or if the person placed under guardianship is a 
partner in the companies whose articles of incorporation are to be registered or 
their capitals to be increased,  the guardian or trustee may not undertake such 
actions without the competent court permission.   Law of Civil Procedure  
 
 
 
 47 Article 225  
1. All judgments permitting the actions of guardians, trustees and 
administrators shall be revised by the court of appeals, with the exception of 
judgments for pledging, borrowing, registration of articles of incorporation, 
increase of corporate capitals and purchase of real property for minors, 
unless otherwise determined by the Supreme Judicial Council.  
2. The judgment of the court of appeals on revision of judgments referred to in 
paragraph 1 of this Article shall be deemed final.  
3. If the court of appeals rever ses the judgments referred to in paragraph 1 of 
this Article, it shall rule on the same after hearing the declaration and request 
for disposal.  
Article 226  
1. If an endowed real property or one belonging to a minor or an absentee is 
expropriated for public in terest, or if any of said parties has a common share 
therein, the same shall be executed by a notary public, unless the substitute 
is a real property; in which case, it shall be permitted and executed by the 
competent court.  
2. The competent court shall depos it the sale proceeds of the real property with 
the Saudi Arabian Monetary Agency or a branch thereof or with a local bank 
until disbursement thereof is permitted by the competent court.  
Chapter 3: Establishment of Title  
Article 227  
Establishment of title is a request for a deed establishing ownership of real 
property not prompted by a contention from an adverse party, though it does 
not preclude hearing the case concerning the right, if any.  
Article 228  
Subject to the provisions of o wnership of real property by non -Saudis, any 
person claiming ownership of real property, whether a land or a building, shall 
be entitled to request a deed establishing title from the court where the real 
property is located.  
Article 229  
An application for establishment of title deed shall be made pursuant to a 
petition detailing the type, location, boundaries, sides and area of the real 
property – pursuant to a certified survey report – along with the ownership 
document, if any.  
Article 230  
The court shall verify the location, boundaries, sides and area of the real  Law of Civil Procedure  
 
 
 
 48 property. The judge, or his designee, shall inspect the property with an 
engineer, if necessary. He shall prepare a report thereon and enter the same 
in the title establishment rec ord. 
Article 231  
Prior to recording the declaration and initiating the relevant evidentiary 
procedures thereof, the court shall communicate in writing – with the objective 
of identifying any objection to the declarations – to the Ministry of Municipal and 
Rural Affairs, Ministry of Islamic Affairs, Endowments, Da’wah and Guidance, 
and the Ministry of Finance; and with respect to property outside cities and 
villages, to the National Guard, Ministry of Defense, Saudi Commission for 
Tourism and Antiquities, Mi nistry of Agriculture, Ministry of Petroleum and 
Mineral Resources, Ministry of Transport, Ministry of Water and Electricity and 
the Saudi Wildlife Authority or branches thereof or entities acting on their behalf 
as well as other agencies defined by the Pr ime Minister. The court shall also 
order the publication of the title establishment application in a newspaper 
published in the area where the real property is located. If no such newspaper 
exists, the court shall order publication in the newspaper having the largest 
circulation in the area.  
Article 232  
In addition to the provisions of Article 231 of this Law, the court shall seek the 
approval of the Prime Minister if petitioned to establish title to a land that has 
never been cultivated.  
Article 233  
1. If 60 days lapse after notifying the government agencies concerned or after 
publication, as prescribed in Article 231 of this Law, without objection, the 
court shall proceed with establishing the title unless there is a Sharia or legal 
impediment.  
2. Responses from  agencies addressed along with their reference numbers 
and dates as well as name of the newspaper where the title establishment 
application was published, its issue number, date and page number shall be 
entered into the title establishment record.  
3. Upon com pletion of title establishment procedures, the title establishment 
deed shall be executed and shall include essential details provided in the 
title establishment record. Said deed shall be signed and stamped by the 
judge establishing the title and shall be  entered in the relevant record.  
Article 234  
1. If a dispute arises over a real property with no registered deed, the court 
shall, if said property falls within its jurisdiction, proceed with the 
establishment of the title while considering the case in accord ance with 
procedures stipulated in this Law, unless urgent settlement of the dispute is 
required; in which case, the dispute shall be decided on without proceeding 
with establishment of title. The judgment shall state that it shall not have the  Law of Civil Procedure  
 
 
 
 49 same effect  as the title establishment deeds. The judgment, upon becoming 
final, shall be kept in the case file and the winning party shall receive a copy 
thereof certified by the judge and chief judge.  
2. If the disputed property is beyond the court’s jurisdiction, the  court shall rule 
on the matter without proceeding with title establishment and shall refer the 
case file, along with the judgment deed, to the court having jurisdiction over 
the property in order to proceed with title establishment.  
Article 235  
No title deed may be issued for lands and buildings in Mina and other Hajj sites. 
If litigation arises regarding any such matter, whether over ownership or 
usufruct of real property, and a party produced a supporting document, the 
court shall forward a copy o f the litigation record and the supporting document 
to the Supreme Court, without issuing a deed.  
Chapter 4: Establishment of Death and Determination of Heirs  
Article 236  
An applicant for establishment of death and determination of heirs shall submit 
a dec laration to that effect to the competent court. The declaration shall include 
the name of the deceased, his last address, date, time and place of death and 
witnesses to the death or a medical report to this effect from a medical center 
in the area. As to d etermination of heirs, the deed shall include names of heirs, 
their competencies, their relationship to the deceased, and witnesses for deaths 
occurring after the effective date of the Law of Civil Procedures promulgated by 
Royal Decree No. (M/21) dated 20 /05/1421H.  
Article 237  
The court, if necessary, may instruct the declarant to publish the application for 
establishment of death and determination of heirs in a newspaper published in 
the area of the deceased. If no such newspaper exists, the court may ord er 
publication in the newspaper having the largest circulation in the area. The court 
may also request the relevant administrative governor to investigate such 
request. Responses provided in the investigation shall be signed by the persons 
providing them a nd shall be certified by the administrative agency conducting 
the investigation.  
Article 238  
The judge shall investigate the matter personally if he finds the results of the 
investigation insufficient. Upon completion of procedures, the judge shall issue 
a death deed if death is established. Such deed shall determine the heirs, their 
names, capacities and dates of birth, in accordance with Sharia.   Law of Civil Procedure  
 
 
 
 50 Article 239  
The deed establishing death and determining heirs in the said form shall be 
authoritative unless a judgment to the contrary is rendered.  
Part 14: Concluding Provisions  
Article 240  
1. The Implementing Regulations of this Law shall be drafted by the Ministry of 
Justice and the Supreme Judicial Council, with the participation of the 
Ministry of Interior with respect to relevant provisions, and shall be issued 
pursuant to a decision by the Minister of Justice upon coordination with the 
Council, within a period not exceeding 90 days from the date of entry into 
force of this Law. Said Regulations may be amended o nly in the same 
manner of its promulgation.  
2. Competent departments at courts, whether existing or to be established, 
shall assume their administrative duties in accordance with this Law and its 
Implementing Regulations.  
Article 241  
This Law shall supersede the Law of Civil Procedures promulgated by Royal 
Decree No. (M/21) dated 20/05/1421H and shall repeal any conflicting 
provisions.  
Article 242  
This Law shall enter into force following the date of its publication in the Official 
Gazette.