Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code (justice and juiciary law)

Article (1)  
The  accompanying law shall apply to civil procedures before the courts in the State.

Article (2) 
Federal Law No. (11) of 1992 regarding the Civil Procedure Code as amended, is hereby 
repealed.  
Any provision contained in any other legislation that contradicts or is in conflict with the 
provisions of the Civil Procedure Code attached to this Decree -Law is hereby repealed, with 
the exception of the authority of the competent Authority in the Emirate that has not 
transferred its local judiciary to the Federal judiciary, to form special courts or judicial 
committees to consider and decide on any lawsuit or specific rights -related issu e in 
accordance with its law.

Article (3) 
1. The courts shall refer, without fees and of their own volition, the cases brought thereto that have already fallen within the jurisdiction of other courts pursuant to the provisions 
of the Civil Procedure Code  attached to this Decree -Law, in their existing stage of 
proceedings. In the event of the absence of one of the litigants, the case management office shall serve on him the referral order and instruct him to appear on the set date 
before the court to which  the case is referred.  
2. The provisions of the preceding paragraph shall not apply to the disputes and lawsuits 
that have been adjudicated, or the lawsuits that have been postponed for the pronouncement of judgment, or the appeals filed prior to the effec tive date of the Civil 
Procedure Code attached to this Decree -Law and the judgments issued thereon shall 
remain subject to the rules regulating the appeal methods applicable on the date of their  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  4 
 issuance.

Article (4) 
The President of the Federal Judicial Council and the heads of the local judicial authorities, 
as the case may be, shall issue the necessary decisions to implement the provisions of the 
Civil Procedure Code attached to this Decree -Law.

Article (5) 
This D ecree- Law shall be published in the Official Gazette, and shall come into force as of 
January 2, 2023.  
  
Preliminary Part : General Provisions  
Article (1) 
1. The provisions of this Code shall apply to all legal proceedings that have yet to be adjudicated on, as well as all procedures that have yet to be implemented, prior to the date 
of entry into force of this Code, with the following exceptions:  
a. The jurisdiction -amending provisions where their date of entry into force falls 
beyond the close of pleadings into the legal proceeding before the Court of First 
Instance;  
b. The time limit -amending provisions where the underlying time limit has already 
commenced prior to their entry into force; and  
c. The provisions regulating the means of challenging judgments with regard to the judgments rendered prior to their date of entry into force, where such laws are either  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  5 
 repealed or creating any of such means.  
2. Every procedure validly conducted under an applicable law shall remain valid and 
effective unless otherwise  stipulated.  
3. The time limits regulating the inadmissibility or lapse of proceedings or other procedural 
time limits that are newly prescribed shall only commence on the date of entry into force of 
the law prescribing the same.  
  
Article (2) 
No applicati on or plea shall be admitted insofar as the filing party thereof has no existing 
lawful interest in respect thereof. However, the potential interest shall be legally sufficient 
for the application or plea to be admitted if the purpose of the same is to tak e a 
precautionary measure to avoid an imminent damage or to safeguard a right which might be lost if it becomes a matter of dispute.  
  
Article (3) 
1. Legal proceeding for revocation of administrative decisions shall not be admitted after 
sixty [60] days fr om the date of publishing the underlying administrative decision, or the 
date of serving the same upon the interested party, or the date on which it is established that the interested party has become fully aware of the same.  
2. This time limit shall be in terrupted when a grievance or objection is filed with the 
competent administrative authority based on the applicable procedures set out in the 
relevant legislation. In which case, the competent administrative authority shall decide on the grievance within sixty [60] days following its filing date. If the grievance is rejected, the  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  6 
 rejection decision shall be reasoned. The lapse of sixty [60] days following the filing date of 
the grievance with no decision being made on the grievance by the competent adminis trative authority shall be construed as rejection of the grievance. The time limit for 
instituting the case shall commence on the date of explicit or implicit rejection, as the case 
may be.  
Article (4) 
1. Where this Code prescribes a mandatory time limit for taking any action that is conducted 
by service of process, the time limit shall only be observed if either the application is 
submitted or the service of process is conducted within such a time limit.  
2. Where this Code prescribes that a par ticular action be performed by way of filing, the 
filing procedures shall be performed within the time limit described in the Law.  
  
Article (5) 
1. Arabic shall be the official language of courts, and the Court shall hear the statements of 
the non -Arabic -speaking litigants, witnesses and others through an interpreter after the 
latter takes the oath according to the Law.  
2. Notwithstanding any provision set forth in any other law, the Chairman of the Federal 
Judicial Council or the Head of the Local judicial body, as the case may be, may decide that 
English be the language of trials, procedures, judgments and decisions in respect of certain 
tribunals that are assigned to hear the proceedings involving specialized matters, specific cases or particular proceedings. In which case, the statements of litigants, witnesses or 
lawyers, shall all be heard in English, and the statements, pleadings, applications and other 
documents shall also be submitted to such tribunals in English. In addition, the court shall  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  7 
 hear th e statements of non -English -speaking litigants, witnesses or other persons through 
an interpreter after the latter takes the oath according to the law, in the cases and according 
to the controls and conditions to be prescribed in the relevant decision.

Article (6) 
1. The service of process shall be conducted upon the request of the litigant, or based on an order of the competent court or a decision of the Case Management Office, either by the 
process server or by the means prescribed by this Code.  
2. The competent court, the Case Management Office or the supervising judge, as the case 
may be, may authorize the Plaintiff or its Lawyer to serve the process by the means 
described in Article [9.1] of this Code.  
3. The service of process may be conducted by one or more private companies or firms 
according to the provisions of this Code, and the Chairman of the Federal Judicial Council or 
the Head of the Local judicial body, as the case may be, shall issue the rules regulating the 
service of process by private co mpanies and firms according to the provisions of this Code. 
Anybody tasked with serving the process in this regard shall be deemed a process server.  
4. In all cases, the service of process may be conducted throughout the State without 
compliance with the r ules of territorial jurisdiction.

Article (7) 
1. Any service of process shall be conducted, or any Execution procedure shall be initiated by the process server or the Execution Bailiff, between seven in the morning [07:00 am] and nine in the afternoon [0 9:00 pm], and the same shall only be conducted on public holidays  
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 where there is a state of urgency based on the permission of the supervising judge, the chief 
justice of the competent court or the judge of urgent matters.  
2. Should the service of process be conducted by any modern means of communication, 
whether upon natural persons or legal persons, the time limits set forth in Clause [1] of this 
Article shall not apply, except for the recorded calls.  
3. For the government and public legal persons, the time of service or commencement of 
Execution in relation to their activities shall be their working hours, except for the service of 
process by any modern means of communication.

Article (8) 
1. The process to be served shall include the following details:  
a. The Plaintiff's name, surname, occupation or profession, domicile, mobile phone 
number, fax number, email, or its elected domicile and place of residence, the legal representative's name, surname, occupation or profession, domicile and place of 
work if working for a third party;  
b. The name, surname, occupation or profession, domicile or elected domicile of the Defendant. If the latter has no known domicile at the time of serving the notice, the 
last known domicile and place of work of the same shall be included, along with its 
mobile phone number, fax number and email address, if any;  
c. The process server's name, occupation and employer, and his signature;  
d. The date of the day, month, year and hour of serving the notice;  
e. The name of the court, subject of the service of process, case number and the hearing 
date, if any; and  
f. The name, capacity, surname, seal or fingerprint of the person receiving the process  
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 as a proof of receipt, or the reasons for his / her refusal to receive the process.  
2. If t he service of process is conducted by modern means of communication, the data 
described in the paragraphs [A], [B], [D] and [E] of Clause [1] of this Article shall be legally 
sufficient.  
3. If the Defendant's native language is not Arabic, the Claimant shall enclose with the 
process a certified translation thereof in English, unless there is prior agreement between the 
parties to provide the translation in any other language.  
4. The provision of Clause [3] of this Article shall apply to all civil and commer cial 
proceedings, except for the labor proceedings initiated by the employee and workers, as well 
as personal status proceedings.

Article (9) 
1. The Defendant shall be served by any of the following means:  
a. Audio or video recorded call, SMS to mobile phone, smart applications, email, fax, other modern means of communication or by any other means to be agreed upon by 
the parties from among the means of service described herein;  
b. By hand delivery to the Defen dant at his / her place of residence or domicile, or to his 
/ her attorney. If the process fails to be served due to any reason on the part of the 
Defendant, or if the latter refuses to receive the process, the same shall be construed 
as personal service u pon the intended person. If the process server fails to find the 
Defendant at his / her place of residence or domicile, the process shall be served 
upon any person cohabitating with the intended person; i.e. his / her spouse, relative 
by blood or marriage or servant. If none of the above -mentioned persons is willing to  
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 receive the notice, or where there is no person upon whom the notice can be legally 
served, or the place of residence is closed, the process server shall either directly post the process visi bly on the outer door of the intended recipient's place of residence, or 
post the same on the court's website;  
c. At the elected domicile of the Defendant; or  
d. At the place of wor k of the Defendant. If the Defendant is not available at his / her 
place of work, the process shall be delivered to his boss, any person in charge of the 
management of the Defendant, or his / her colleague, with the exception of the 
service of process relating to personal status proceedings, which shall be served 
upon the Defendant in person at his / her place of work.  
2. The process server shall verify the identity of the person served, by ensuring that his 
appearance indicates that he is at least eighteen  [18] years of age, and that neither he 
nor his representative has an apparent interest that conflicts with that of the Defendant. If the process is served by the means of communications described in [1.A] of this Article, 
the process server shall ensure t hat the means of communication used is personally 
relating to the Defendant. If the notice is served by audio or video recorded calls, the 
process server shall draw up a report setting out the content, time and date of the call 
and the details of the call recipient. Such a report shall have the probative force as 
evidence and shall be enclosed with the case file.  
3. If the Defendant cannot be served as indicated in Clause [1] of this Article, the matter 
shall be referred to the Case Management Office, the c ompetent judge or the chief 
justice of the court, as the case may be, in order to gather information from at least one 
relevant entity and then serve the notice upon the intended person either by posting on 
the court's website or by publication in both a w idely -circulated electronic or paper daily  
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 newspaper that is published in the State in Arabic, and a foreign newspaper published in 
a foreign language, if necessary, where the Defendant intended to be served is a foreigner.

Article (10) 
Unless otherwise provided for in any other legislative instrument, a copy of the process shall 
be served as follows:  
1. For the ministries, federal and local government bodies, public authorities and public 
institutions of all types, the process shall be served upon their legal representative;  
2. For the private legal persons, private societies, companies and organizations, private sole proprietorships and foreign companies that have a branch or representative office in the 
State, if the process is relating to the company's branch, it shall be served according to 
the provisions of Article [9.1] of this Code, and shall be delivered at their headquarters to their legal representative or any person acting on his behalf or any partner thereof, as the 
case may be. If neither the legal representative nor any person acting on his behalf is 
available, the process shall be delivered to any employee of their office. If the 
organization concerned has no headquarters or is closed, or if its manager or any of its 
employees refuses to receive the process, the same shall be served by positing on the 
court's website, by directly posting the process on the door without permission of the 
court, or by publication, as the case may be;  
4. For members of the armed forces or the police or the like, the process shall be served 
upon their competent department as instructed by the aforesaid bodies;  
4. For the persons in prison and detention, the process shall be delivered to their place of existence for service, and the delivery of the papers required to be served upon the  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  12 
 intended person shall be established;  
5. For the seafarers or crew members of commercial vessels, the process shall be delivered 
to their captain for service. If the vessel  has already set out from the port, the process 
shall be delivered to its shipping agent; and  
6. For the persons whose whereabouts are outside the State and could not be served by 
way of the means of communication, private companies or firms, or the way agreed 
upon by the parties, the process shall be submitted to the Ministry of Justice, in order to 
be referred to the Ministry of Foreign Affairs and International Cooperation, so as to be 
delivered to the diplomatic mission concerned in the State, unless the means of service is 
such a case is regulated by special agreements.

Article (11) 
The service of process shall be deemed effective as follows:  
1. As of the date of service according to the provisions of Articles [9] and [10] of this Code, or the date on which the Defendant refuses to receive the same;  
2. Following the expiry of twenty -one [21] business days, starting from the date on which 
the dip lomatic mission concerned in the State receives the Ministry of Foreign Affairs 
and International Cooperation's letter containing the process to be served;  
3. As of the date of receiving the fax or the sending date of the email message or text 
message to the mobile phone, the date of sending the process by means of 
communication, or the date of making the audio or video recorded message; or  
4. As of the date of posting the process on the court's website on the designated page. The posting shall remain v alid for at least fifteen [9] days, and as of the date of completing 
the posting or publication according to the provisions of this Part.  
   
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Article (12)  
If the law prescribes a time limit in days, months or years for appearance or for the 
occurrence of a p articular procedure, neither the day of service nor the date of occurrence of 
the incident regarded by the law as giving rise to the relevant time limit shall be included in 
the time limit, and the same shall expire upon the lapse of the last day thereof.  
If the time limit is prescribed in hours, neither the hour of service nor the hour of occurrence 
of the incident regarded by the law as giving rise to the relevant time limit shall be included 
in the time limit, and the same shall expire upon the lapse of the last hour thereof.  
If the time limit is required to expire before a particular procedure takes place, the 
underlying procedure shall only occur after the lapse of the last day of the time limit.  
 If the last day of the time limit falls on a public holiday, the time limit shall be automatically 
extended to the first following business day.  
The time limits specified in months or years shall be calculated in the Gregorian calendar, so that the month is thirty [30] days and the year is three hundred sixty -five [365] days, unless 
the law provides otherwise.

Article (13) 
1. The procedure shall be invalid if such invalidity is explicitly provided for in the law, or if 
the underlying procedure involves any essential defect or shortcoming due to which the 
purpo se of the procedure cannot be achieved.  
2. In all cases, the invalidity shall not be decided in spite of being provided for in the law, if 
the purpose of the underlying procedure is achieved.   
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Article (14) 
Except for the cases where the invalidity is relat ing to the public order:  
1. Invalidity may only be invoked by the party in whose favor the same is established by 
the law.  
2. Invalidity may not be invoked by the party causing the same.  
3. Invalidity shall be extinguished if the party in whose favor such invalidity is established 
explicitly or implicitly waives the same.

Article (15)  
The invalid procedure may be rectified even after being invoked, provided that such 
rectification takes place within the time limit prescribed by law for the underlying procedure 
to be performed. If there is no time limit prescribed by law in respect of the underlying 
procedure, the Court shall determine an appropriate time limit for rectifying the same. The 
procedure rectified shall only become effective as of its rectification date.

Article (16)  
If the procedure is invalid but satisfies the elements of any other procedure, the latter shall be deemed valid as being the procedure whose elements are satisfied. If the procedure is 
partially invalid, only the invalid part thereof shall be invalid.  
Invalidity of the procedure shall not invalidate the procedures preceding, or subsequent to, it, if they are not dependent thereupon.

Article (17)   
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 The transcript of co urt hearing shall be deemed an official deed in respect of its content, and 
shall be drawn up by a clerk who, together with the judge, shall sign the transcript in a paper 
or electronic format.; otherwise, the transcript shall be null and void.

Article (18) 
The process server, clerks or other judicial assistants shall not get involved in any activity that falls within the scope of their jobs in respect of the legal proceedings relating to them or 
their spouses, blood relatives or in- laws up to the fourth degree; otherwise, such an activity 
shall be null and void.  
  
Title 1: Litigation before Courts  - Part 1 Jurisdiction of Courts 
Chapter 1 Universal Jurisdiction of Courts

Article (19)  
Except for actions in -rem relating to real propert y abroad, the Courts shall have the 
jurisdiction to hear and adjudicate on the legal proceedings instituted against national citizens as well as foreigners having a place of residence or domicile in the State.

Article (20)  
The Courts shall have the juris diction over the foreigner who has no place of residence or 
domicile in the State in the following cases:  
1. If the foreigner has an elected domicile in the State;  
2. If the legal proceeding is relating  to property in the State, inheritance share of a national 
citizen or an estate opened in the State;   
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 3. If the legal proceeding is relating to an obligation that is executed or performed, or 
required to be performed, in the State, a contract required to be attested in the State, an 
incident taking place in the State, or a bankruptcy process established by any Court of 
the State;  
4. If the legal proceeding is instituted by a wif e who has a place of residence in the State 
against her husband who had a place of residence therein;  
5. If the legal proceeding is relating to the maintenance expenses of either parent, a wife, an 
interdicted person, a young child or his / her parentage , guardianship over the property 
or persons, in the event that the party claiming the maintenance expenses, the wife, the young child or the interdicted person has a place of residence in the State;  
6. If the legal proceeding is relating to personal stat us matters, and the Plaintiff is a UAE 
national or foreigner having a place of residence in the State, if the Defendant has no 
known address abroad, or where the national law is applicable to the legal proceeding; 
or 
; 
7. If any of the Defendants has a p lace of residence or domicile in the State.

Article (21)  
The Courts shall have the jurisdiction to adjudicate on the preliminary matters and 
interlocutory applications associated with the main case falling within their jurisdiction, as well as every motion or application relating to such a case where the proper administration 
of just ice entails that the same be heard concurrently with the main case. They shall also 
have the jurisdiction to adjudicate on summary and precautionary measures to be enforced 
in the State, even if they have no jurisdiction over the main case.

Article (22)   
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 If the Defendant fails to appear and the Court has no jurisdiction over the case according to 
the foregoing Articles, the Court shall, sua sponte, decide that it lacks the jurisdiction.

Article (23)  
Any agreement that goes against the Articles of this Ch apter shall be null and void.  
  
Chapter 2 Subject -Matter Jurisdiction of Courts

Article (24)  
The Courts of First Instance have the jurisdictions to hear all claims, disputes and proceedings of first instance, except for those excluded under a special provision.  
Abu Dhabi Federal Court of First Instance shall have the exclusive jurisdictions to hear all proceedings to which ministries and federal entities are parties.

Article (25)  
Notwithstanding the provisions of the text of the forgoing Article, each Emirate may form committees to be vested with the exclusive authority to hear the disputes in relation to lease 
agreements between the Landlord and the Tenant, and may regulate the procedures for 
implementing the decisions of such committees.

Article (26)  
The Courts of Appeal shall have the jurisdiction to hear and adjudicate on the appeals filed 
therewith against the appealable judgments, decisions and orders rendered by the Courts of 
First Instance, as described in this Code.   
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Article (27)  
1. A judge of the Court of First Instance shall be designated at the seat of the Court to 
render a judgment on a temporary basis without prejudice to the substance of the right involved on the urgent matters where the passage of time could affect them.  
2. The  Trial Court shall have the jurisdiction to hear such issues if they are brought before it 
by way of subordination.

Article (28)  
The courts of summary jurisdiction shall be exclusively authorized to impose receivership on any movable property, immovable property or a set of properties in respect of which there is 
a dispute or if the right connected therewith is not established, if the person having a beneficial interest of the property has reasonable reasons based on which there is concerns 
that the under lying property remains in the possession of its current possessor.

Article (29)  
1. The First Instance Tribunals comprising a single judge shall hear the following cases:  
a. First instance cases, regardless of their value.  
b. Judgments rendered by the Fir st Instance Tribunal shall be conclusive if the value of 
the case does not exceed [AED 50,000] fifty thousand dirhams.  
2. With the exception of administrative cases, summary proceedings and writs of debt, 
based on a decision of the Chairman of the Federal Judicial Council or the Head of the 
Local Judicial Body, as the case may be, one or more tribunals may be designated to 
adjudicate on the cases brought before it at s single hearing in which the decision is to be  
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 issued or to schedule a hearing for such a decision to be issued thereon in any of the 
following cases:  
a. Cases whose value does not exceed [AED 1,000,000] one million dirhams;  
b. Signature authentication cases of whatever value;  
3. The Case Management Office shall prepare the case and schedule the first hearing for 
the Tribunal referred to in Clause [2] of this Article not later than [15] fifteen days 
following the date of filing the statement of claims. Such a time limit may be exte nded 
only for one similar period based on a decision of the supervising judge. In the event that 
an expert witness is engaged, the first hearing shall be determined not later than [3] 
three business days from the date of receiving the expert report. Otherw ise, all the rules, 
provisions, and procedures stipulated in this Code shall apply to the preparation of the 
case before such tribunals.  
4. With regard to the tribunals referred to in Clause [2] of this Article, the supervising judge 
shall have the powers set forth in Articles [45] and [74] of this Code.

Article (30) 
1. Based on a decision of the Chairman of the Federal Judicial Council or the Head of the 
Local Judicial Body –  within the areas of their respective competence -  certain cases may 
be assigned  to one or more tribunals of the Courts of First Instance or Appeal, as the case 
may be. The supervising judge shall, during the case preparation stage, engage one or more local or international expert witnesses to review or draw up expert reports to be 
submitted to such tribunals. In addition, the competent court may conduct discussion 
with the expert witnesses on the reports reviewed or drawn up by them, and may order  
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 that any deficiencies in their work be completed and any errors found be rectified.  
2. Judgments shall be rendered by the tribunals referred to in Clause [1] of this Article, 
based on the same procedures and controls prescribed by this Code.

Article (31)  
1. The Chairman of the Federal Judicial Council or the Head of the Local Judicial Body,  
within the areas of their respective competence, shall issue regulatory decisions on the 
following matters:  
 
a. The controls for assignment of the cases to the tribunals referred to in Article [30] of 
this Code, including the type or nature of such cases;  
b. The controls for selection and appointment of specialized experts, the determination of their remuneration or fees and their assignment to the tribunals formed as stated 
in Article [30] of this Code; and  
c. The controls in relation to the mission of ex perts and the prohibitions they are 
required to avoid, and the regulation of their relationship with judges and litigants.  
2. The expert witnesses referred to in Article [30] of this Code shall be subject to the 
provisions prescribed in the legislation reg ulating the profession of expert witnesses 
before the judicial authorities.

Article (32)  
1. Notwithstanding the provisions of Chapters 2  and 4 of Part 12  of Title 1  of this Code, and 
the provisions of the Mediation and Conciliation Law, the Federal Judicial Council or the Head of the Local Judicial Body may, as the case may be or based on the agreement of  
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 the parties, issue a decision to establish a tribunal to be fo rmed by way of assignment or 
appointment in accordance with the legislation regulating each authority.  
2. The Tribunal shall have the jurisdiction to adjudicate on estate cases and all disputes 
relating to the determination of the inheritance shares, liquidation of the estate, or 
division and distribution of estate property among the heirs, as well as any civil, real 
property or commercial proceeding arising out of or emanating from the estate in 
relation to its ownership, liquidation, or any matter of its affairs between the heirs and 
third parties, in addition to the disputes that arise between the heirs, guardians and the 
like, and any interlocutory applications relating to the removal or introduction of an heir, 
wills, endowments, or the settlement betwe en the heirs with respect to donations arising 
from or inseparably connected with the estate.  
3. The Tribunal may seek the assistance of the Case Management Office and the judge rapporteur described in this Code.  
4. The judgment rendered by the Tribunal de scribed in Clause [1] of this Article may only 
be challenged by way of motions for reconsideration. Furthermore, the aforementioned 
judgment may be revoked in accordance with the cases, controls and procedures 
stipulated in this Code.  
  
Chapter 3 Territori al Jurisdiction of Courts

Article (33)  
1. The court, within the territorial jurisdiction of which the Defendant's domicile is located, shall have the jurisdiction over the case, unless the law provides otherwise. If the 
Defendant has no domicile in the State, the court, within the territorial jurisdiction of  
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 which the Defendant's place of residence or workplace is located, shall have the 
jurisdiction.  
2. The legal procee ding may be filed with the court within the territorial jurisdiction of 
which the damage occurs, with regard to the claims for compensation due to damage to 
persons or property.  
3. For commercial matters, the jurisdiction shall be vested in the court within the territorial 
jurisdiction of which the Defendant's domicile is located, the Court within the territorial 
jurisdiction of which the agreement, in whole or in part, is executed or performed, or the 
court within the territorial jurisdiction of which the agreement is required to be 
performed.  
4. If there are several Defendants, the jurisdiction shall be vested in the court within the 
territorial jurisdiction of which the domicile of one Defendant is located.  
5. Notwithstanding the cases prescribed in Artic le [34] and Articles [36] through [41] of 
this Code, the parties may agree that a specific court have the jurisdiction to hear the 
dispute. In which case, the court so chosen shall have the jurisdiction.

Article (34)  
1. Jurisdiction on ac tions in -rem involving real property and the legal proceedings for 
possession shall be vested in the court, within the territorial jurisdiction of which the 
property or any part thereof is located if the same is located within the circuits of several 
court s. 
2. The jurisdiction over personal real property cases shall be vested in the court within the 
territorial jurisdiction of which the property or the Defendant's domicile is located.   
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Article (35)  
Jurisdiction over the cases relating to companies or asso ciations existing or undergoing 
liquidation or private establishments, shall be vested in the court within the territorial 
jurisdiction of which the headquarters of the same is located. Legal proceedings may be filed 
with the court within the territorial jurisdiction of which the branch of the company, 
association or establishment is located in respect of the matters relating to such a branch.

Article (36) 
The jurisdiction over estate -related proceedings filed before division by the creditor of the 
estate or by any heirs against other heirs shall be vested in the court within the territorial 
jurisdiction of which the permanent residence of the deceased is lo cated or the within the 
territorial jurisdiction of which most of the estate property in the State is located.

Article (37) 
1. Jurisdiction over bankruptcy -related cases shall be vested in the court within the 
territorial jurisdiction of which the busine ss place of the bankrupt is located. If there are 
several business places of the bankrupt, the Court within the territorial jurisdiction of which the headquarters of the bankrupt is located shall have the jurisdiction.  
2. If the trader retires, the case sh all be instituted before the court having the jurisdiction 
over the Defendant's domicile.  
3. Bankruptcy -based cases shall be filed with the court that establishes the bankruptcy.

Article (38)   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  24 
 Jurisdiction over the proceedings relating to supplies, contracting projects, property rents, 
wages of employees, craftsmen and daily workers shall be vested in the court within the territorial jurisdiction of which the Defendant's domicile is located, or the court within the 
territorial jurisdiction of which the agr eement is executed or performed.

Article (39)  
Jurisdiction over the proceedings relating to insurance claims shall be vested in the court 
within the territorial jurisdiction of which the beneficiary's domicile or the insured property 
is located.

Article (40)  
1. For the cases involving a claim to take an interim or summary measure, the jurisdiction shall be vested in the competent court of first instance within the territorial jurisdiction 
of which the Defendant's domicile is located, or the court within  the territorial 
jurisdiction of which the underlying measure is required to be performed.  
2. For summary proceedings relating to the enforcement of judgments and instruments, the jurisdiction shall be vested in the court within the territorial jurisdiction of which the 
enforcement is to take place.

Article (41)  
The court that hears the main case shall have the jurisdiction to decide on the interlocu tory 
applications. However, for the legal proceedings involving the claim for compensation, the 
Defendant may object to the court's jurisdiction if it is proven that the main case is only 
instituted with the intention of bringing the Defendant before a court other than the  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  25 
 competent court.

Article (42)  
If the Defendant has no domicile or place of residence in the State, and it is not possible to designate the 
competent court in accordance with the aforementioned provisions, the jurisdiction shall be veste d in the 
court within the territorial jurisdiction of which the Plaintiff's domicile or place of residence is located. If 
the Plaintiff has neither a domicile nor a place of residence in the State, the jurisdiction shall be vested in 
the Federal Court in the capital.

Article (43)  
For the obligations in respect of their performance an elected domicile has been chosen in 
advance, the jurisdiction shall be vested in the court within the territorial jurisdiction of 
which the Defendant's domicile or the electe d domicile of performance is located.  
  
Part 2 The Institution, Registration and Determination of Value of Case  
Chapter 1 Institution and Registration of Case

Article (44)  
1. The case shall be instituted before the Court at the request of the Plaintiff, through filing 
a statement of claims with the Case Management Office, or through filing the same in an 
electronic or paper format according to the applicable procedures of the court.  
2. The statement of claims shall include the following details:  
a. The Plaintiff's name, surname, ID number or a photocopy thereof, or any documents 
issued by government entities that prove his / her identity, profession, occupation, 
domicile, place of work, phone number, fax number or e -mail. If the Plaintiff has no  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  26 
 domicile in the State, he / she shall name an elected domicile and his legal 
representative's name, surname, ID number, profession, occupation, domicile, place of work, fax number or e -mail.  
b. The Defendant's name, surname, ID number or a photocopy thereof, or any 
documents issued by government entities that prove his / her identity, profession, 
occupation, domicile, place of work, phone number, fax number or e -mail. If the 
Defendant or his repres entative has no domicile in the State, he shall name an 
elected domicile and his legal representative's name, surname, ID number, 
profession, occupation, domicile, place of work, fax number or e -mail;  
c. The court before which the case is instituted;  
d. The date of filing the statement of claims with the Case Management Office;  
e. The subject of the case, relief sought and relevant grounds; and  
f. The signature of the Plaintiff or his representative after verifying the identity of each.

Article (45)  
1. An office, to be known as the "Case Management Office", shall be established at the seat 
of the competent court.  
2. The Case Management Office shall be made up of one head and a sufficient number of 
court employees, both legal and others, to be working under  the supervision of the chief 
justice or one or more judges of the competent court.  
3. The Case Management Office shall be charged with the preparation and management of 
the case before being referred to the competent court, including its registration and service, exchange of submissions, documents and experts' reports between the litigants.   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  27 
 4. The supervising judge may issue a decision dismissing the case due to the Plaintiff's 
failure to pay its fees or the difference in fees or expenses where such failur e would 
preclude adjudication on the case. The supervising judge may also establish the 
discontinuance or waiver of proceedings. The said decisions shall be subject to the 
standard methods of challenge according to the general rules. The Supervising Judge 
may also appoint expert witnesses, refer the case to investigation, hear the witnesses, 
examine the litigants and refer them to mediation or conciliation, as the case may be. He 
may also impose the procedural penalties prescribed in this Code, meet with th e parties 
to the pending case and propose conciliation and try to have the dispute between them amicably settled. For such purpose, he may order that the parties appear in person. If 
amicable conciliation is established, a decision shall be issued establis hing such 
conciliation and the content of the agreement of the parties, and shall have the legal 
force of a writ of execution.  
5. If the legal proceeding is stayed by operation of law due to the death or incapacitation of 
either of the litigants, or due to the loss of legal capacity of the representative acting on 
behalf of either litigant before the case is referred, or where an application is filed for the 
impleader of any party against whom the case has not been instituted, the Case 
Management Office s hall refer the underlying legal proceeding to the supervising judge 
to issue a decision amending the form of the case in such circumstances.  
6. If the pending legal proceeding before the Case Management Office includes a plea filed by either litigant, which would result in a stay of proceeding, or of the legal proceeding 
involves an appeal against a judgment that decided inadmissibility or lack of  jurisdiction, 
or an appeal filed after the legally prescribed time limit, the Case Management Office shall submit the same to the supervising judge, who, in turn, shall, by a decision, refer the  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  28 
 same, after being duly served, to the competent court that s hall hold its hearing in 
chambers to decide on the matters referred thereto. The Court may schedule a hearing to 
consider the merits if necessary. In all cases, the Trial Court may not remand the case to 
the supervising judge or the Case Management Office whenever its jurisdiction over it is 
established.  
7. If the pending case before the Case Management Office includes a summary claim, the 
Case Management Office shall promptly present it to the supervising judge to decide on 
the summary claim, not later thr ee [3] business days. Such a decision may be challenged 
in accordance with the provisions of this Code.  
8. The right to submit the pleas that are not relevant to the public order set forth in Article 
[86] of this Code shall lapse if the same is not present ed by the party appearing before 
the Case Management Office.  
9. If a claim is submitted to the Case Management Office and satisfies the requirements for 
issuing the writ of debt prescribed in Articles [143] and [144] of this Code, such a claim 
shall be sub mitted to the supervising judge, who, in turn, shall refer the same to the 
judge having the jurisdiction to issue the writ of debt, in order to decide on the same within the time limit specified in Article [144.4] of this Code.

Article (46)  
1. The time l imit for appearance before the Case Management Office or the competent 
court shall be ten [10] business days. Whenever necessary, this time limit may be shortened up to three [3] business days.  
2. The time limit for appearance with regard to summary procee dings shall be [24]  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  29 
 twenty -four hours. When necessary, such a time limit may be shortened but not up to 
less than an hour, provided that the litigant is personally served, unless the case is a 
maritime one.  
3. The reduction of time limits referred to in Clauses [1] and [2] of this Article shall be 
based on the permission of the competent judge or the supervising judge -  as the case 
may be -  and a copy thereof, along with the statement of claims, shall be served upon the 
adverse party.  
4. Failure to observe the appearance time limits shall not give rise to invalidity, without 
prejudice to the right of the Defendant to request adjournment for completion of the 
time limit.

Article (47)  
1. After the fees are collected, the Case Management Office shall have the  case registered in 
the relevant record, whether electronically or in a paper format, indicating the date of registration and the Plaintiff's knowledge of the hearing. In which case, the case shall be 
deemed registered and effective from the date of filing  of the statement of claims, 
provided that the legal fee is paid not later than [3] three business days of the date of the 
day following the notice for payment, otherwise, the registration shall be deemed null 
and void.  
2. The Chairman of the Fed eral Judicial Council or the Head of the Local Judicial Body, as 
the case may be, may issue the guidebook for the system of registration of the cases, 
motions, grievances and appeals in accordance with the financial, administrative and 
technical rules in f orce at each body and for facilitating the registration procedures and  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  30 
 operations.

Article (48)  
1. Other than the cases of using remote c ommunication technology or electronic 
registration, the Plaintiff shall, upon registering its statement of claim, file as many 
photocopies thereof as the number of Defendants in addition to a copy for the Case 
Management Office to be saved electronically o r in a special file. Additionally, the 
Plaintiff shall submit, together with the statement of claim, photocopies of all documents 
supporting its claim, as well as any expert witness's reports drawn up by registered 
expert witnesses, if any.  
2. The Defendant shall submit, whether electronically or in a paper format, a statement of defense and copies of its documents duly signed, not later than [10] ten business days 
following the date of being served the process.  
3. Where a dispute arises as to the authentic ity of photocopies of documents, the court, the 
Case Management Office or the supervising judge, as the case may be, shall determine 
the nearest hearing for their originals to be submitted. The allegation of forgery of the 
documents submitted by the litiga nt merely on the ground that they are photocopies 
shall not be relied upon, unless the denying party asserts that they are not authentic or that they are not issued by the person to whom they are alleged to belong. If the denied 
documents are eventually pr oven to be authentic or are proven to have been issued by 
the person to whom they are alleged to belong, and the allegation of their forgery is 
unjustified causes delay of the case procedures or causes the litigant who presented the underlying documents to  incur unjustifiably additional expenses, the supervising judge 
or the competent judge, as the case may be, may decide to impose on the party denying,  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  31 
 or raising doubts about, the authenticity of such documents a fine of not less than AED 
[1,000] one thous and dirhams and not more than AED [10,000] ten thousand dirhams. 
This fine shall not preclude the Court from addressing the body in charge of regulating 
the legal profession in this regard, if it deems it warranted.  
4. Subject to the provision of Article [5] of this Code, the translated documents shall be 
duly certified according to the law, if they are issued in a foreign language.

Article (49)  
1. Other than the cases of using means and remote communication, the Case Management Office shall, not later than the day following the date of registration of the statement of 
claims, deliver a copy thereof, along with the copies, papers and documents attached 
therewith, to the body charged with the service thereof, in order to be served on the 
relevant form desig nated for this purpose. If the file is saved electronically, the judicial 
authority shall either enable the litigants to review the statement of claim and its 
attachments on the system or send the same to them electronically or by any other 
means of commun ication.  
2. The statement of claims shall be served in an electronic or paper format within [10] ten business days of the date of being delivered to the process server. If a hearing is 
scheduled for the case and falls within such a time limit, the statement of claim shall be 
served before the hearing.  
3. No invalidity shall result from failure to comply with the time limit set forth in Clauses 
[1] and [2] of this Article.  
   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  32 
 Chapter 2 Determination of Case Value

Article (50) 
1. The value of the case shall be  determined on the filing day thereof. Under all 
circumstances, the determination shall be based on the closing arguments of the 
litigants. In addition, the determination of case value shall include the fees due on the 
filing day thereof, in terms of inter est, fees, costs, expenses and other requirements of a 
monetary value. However, in all cases, the value of the building or plantation shall be taken into account if the same is required to be removed.  
2. In all cases, the determination of case valu e shall not include the claim for appointment 
of an expert witness and all other claims for evidence, if they are submitted together with other substantive claims.

Article (51)  
1. If the value is not mentioned in cash but can be determined in cash, the value shall be determined by the court.  
2. If the claim is an amount of money in a currency other than the UAE Currency, the value of the case shall be determined in the equivalent th ereof in the currency of the UAE.  
3. For the legal proceedings relating to the ownership of property, the value thereof shall be determined based on the value of the property. If the property has no known value or is 
a vacant land whose value is unknown, its value shall be deemed to exceed the threshold of the challenge by way of cassation.  
4. If the legal proceeding is relating to a claim for validity, invalidity or rescission of a contract, its value shall be determined based on the value of the contractu al object. As  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  33 
 for the contracts of exchange, the case value shall be equal to the value of the higher of 
the items exchanged.  
5. If the legal proceeding is relating to a claim for validity, invalidity or rescission of a 
continuous contract, its value shall be determined based on the total monetary 
consideration for the entire contract term. If the underlying contract is partially 
performed, the value of the legal proceeding for its rescission shall be determined based 
on the remaining duration of the contract term.  
6. The value of legal proceedings relating to the dissolution of the company and the 
appointment of a liquidator thereof shall be determined based on the value of the 
company's capital mentioned in its Memorandum of Association.  
7. The value of le gal proceedings for evacuation of the leased property shall be determined 
based on the value of the annual rent.  
8. If the legal proceeding is between a creditor and a debtor on the attachment of property 
or an ancillary right in -rem, its value shall be de termined based on the value of the debt 
or the value of the property subject to the attachment or the right in -rem, whichever is 
lesser. For the legal proceeding instituted by any third party in respect of such property, 
its value shall be determined based  on its value.  
9. If the legal proceeding involves claims arising from a single cause of action, the value 
thereof shall be determined on the basis of its aggregate value. In the event that claims 
involved arise from various causes of action, the value of the legal proceeding shall be 
based on the value of each claim on a case -by-case basis.  
10. Subject to Clause [1] of this Article, and with the exception of the commercial papers and 
papers the court instructs either of the litigants to submit or obtain, t he application for  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  34 
 issuance, retrieval or return of papers, documents or certificates shall be valued at [AED 
5,000] five thousand dirhams.  
11. If the legal proceeding is relating to compensation whose value is not specified, the value 
of the claim shall b e considered not exceeding the threshold of the challenge by way of 
cassation.  
12. If the legal proceeding is relating to a claim whose value cannot be determined according 
to the aforementioned rules, its value shall be considered equal to the minimum 
threshold prescribed for the challenge by way of cassation.  
  
 
Part 3 Appearance and Absence of Litigants and Legal Representation  
Chapter 1 Appearance and Absence of Litigants

Article (52)  
1. Without prejudice to the Legal Profession Law, the litigants shall, on the day scheduled for the case to be hard before the Case Management Office or before the Court, as the 
case may be, appear either in person or through an attorney, whether a lawyer, a relative, 
an in- law up to the fourth degree, or an attorney -in-fact from among their employees in 
the event that the litigant is a private legal person, provided that the power of attorney -  
in the latter case – shall be issued by the legal person's legal representative, indicating 
his job capacity, and duly attested by the Notary Public in each respect of each legal 
proceeding.  
2. For the limited power of attorney to be issued in respect of the legal proceeding referred  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  35 
 to in the last case of Clause [1] of  this Article, the attorney -in-fact shall meet the 
following conditions:  
a. To be a national citizen with full legal capacity and holding a university degree in 
law; and  
b. Any other conditions specified by the Legal Profession Law.  
3. The appearance o f the authorized representative of the lawyer's firm based on a power 
of attorney shall only be admitted before the Case Management Office, in respect of the 
legal proceedings in which the lawyer is appointed.

Article (53)  
1. If neither the Plaintiff nor the Defendant appears, the court shall decide on the case -  if 
judicable; otherwise, it shall decide a nonsuit. If [30] thirty days have passed and neither 
litigant has submitted an application to proceed with the case during t hat period, or if 
the parties fail to appear after proceeding with the case, the case shall be deemed null 
and void. In addition, the Case Management Office shall present such a case, after the 
lapse of the time limit referred to in this Paragraph to the c ompetent judge in order for 
the latter to issue a decision in respect thereof.  
2. The court may order a nonsuit if the Plaintiff fails to appear at any hearing and the 
Defendant appears, unless the latter demands adjudication on the case.  
3. If the case is pending before the Case Management Office, the decision of nonsuit shall 
be based on a decision of the supervising judge to be immediately issued after the lapse 
of the time limit referred to in Clause [1] of this Article.

Article (54)   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  36 
 1. The legal proceeding shall be deemed in presence of the Defendant if the latter appears 
in person or is represented by an attorney, if a power of attorney is issued on his behalf before the Case Management Office or at any trial hearing or before the exper t witness 
or the arbitrators, or if the Defendant has submitted a statement of defense, even if the 
Defendant fails to appear thereafter.  
2. Subject to the provisions of Article [76] of this Code, the Plaintiff may neither present 
new claims during the hearing at which the adverse party fails to appear, nor amend the 
initial claims, unless the amendment is beneficial to the Defendant and does not affect 
any of the latter's rights.  
3. The Defendant may not, in the absence of the Plaintiff, request that a jud gment be 
rendered against the Defendant.

Article (55) 
Without prejudice to the provisions of Article [56.1] of this Code, in the event that the 
duly -served Defendant fails to appear before the court, the latter shall render a judgment on 
the case, and such a judgment shall be deemed as if issued in presence for the parties who fail to appear.

Article (56) 
1. In the event of absence of the Defendant and wh ere it has been revealed to the court or 
the Cases Management Office that the service of the statement of claim sustained 
nullity, then it shall adjourn the case to an upcoming hearing for duly serving the same upon the Defendant.   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  37 
 2. In the event of absence of a Defendant and where it has been revealed to the court that 
such Defendant has not been acquainted with the details of the hearing as per law, then such a court shall adjourn the case to an upcoming hearing to be duly served upo n the 
Defendant.

Article (57) 
1. A duly -served litigant shall follow up on the adjournments, hearing dates and 
proceedings of the same, and the judgments and decisions of the court, the supervising judge and the case management office, as the case may be , which are issued after the 
legal proceeding is initiated, shall be legally effective with no need to serve a notice, with the exception of administering the decisive oath or pleading forgery.  
2. Where it happens that the date specified for the court hear ing or for issuance of 
judgment falls on a public holiday for any reason whatsoever, the hearing shall then be adjourned to the same day on the week following such antecedent date with no need to 
serve a notice thereon.  
  
Chapter 2 Legal Representation

Article (58)  
1. The court shall permit attorneys to act on behalf of the original litigants pursuant to the 
provisions of the Law.  
2. A delegated attorney shall furnish a power of attorney to act on behalf of its client.  
3. A power o f attorney may be issued via a report to be recorded in the transcript of court 
hearing.   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  38

Article (59)  
1. The litigant's issuance of a power of attorney shall render the domicile of its attorney as 
the elected domicile of the litigant itself in respect of serving the papers required for the progress of the case in the litigation degree for which the attorney is authorized. The 
litigant, who has no attorney in the town wherein the Court is based, shall have an 
elected domicile therein.  
2. The act of resignation or dismissal of an attorney shall not hinder the initiation of legal proceedings against him, unless  the litigant has informed the court of the appointment 
of an alternative attorney or the intent of the litigant to proceed with the case on its own.  
3. An attorney may not step down from any legal proceeding at an inappropriate time nor 
without the cour t's permission.

Article (60)  
The legal representation shall authorize the attorney to perform the procedures and actions 
required for initiating, following up on, and defending any case, as well as taking the 
precautionary measures until a judgment is bo th issued on the merits of the case on the 
litigation stage for which the attorney has been authorized and duly served, without prejudice to the acts for which this Code requires a special authorization.

Article (61)  
1. All acts perf ormed by the attorney at a court hearing in the presence of the client shall be 
deemed as acts performed by the client in person, unless the same is refuted by the client 
at the same hearing.  
2. In the absence of a special authorization, the claimed righ t may neither be admitted nor  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  39 
 waived, and no conciliation, arbitration, acceptance, administration or deferral of oath, 
abandonment of proceedings, or waiver of the judgment in whole or in part or through any of the means of challenging the judgment, lifting the attachment, waiver of security 
while the debt is still outstanding, alleging forgery, disqualification of the judge or expert 
witness, real offer be made or accepted, or any other action for which the law requires a 
special authorization shall be pe rformed.

Article (62)  
No judge, Attorney General, member of the public prosecution, or a court employee may act 
as attorney on behalf any litigant for appearance or pleading purpose, whether verbally or in 
writing, even if the case is brought before a co urt other than the one wherein such a person 
serves. Failing which, such representation shall be rendered null and void. Nevertheless, such persons may perform such representation for the persons they legally represent in their 
personal capacity as well as  their spouses, ascendants and descendants.  
  
Chapter 4 Intervention by Public Prosecution

Article (63)  
The Public Prosecution may institute legal proceedings in the events prescribed by the law, 
and, in such cases, the public prosecution shall have the same rights of the litigants.

Article (64) 
With the exception of summary proceedings, the public prosecution shall intervene in the following instances, failing which, the court judgment shall be null and void:  
1. The legal proceedings which the public prosecution is permitted to institute by its elf;  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  40 
 2. The appeals and motions before the Federal Supreme Court, with the exception of 
objections for cessation in civil, commercial and administrative matters;  
3. The legal proceedings relating to the persons lacking the legal capacity and persons 
having diminished capacity, missing and absent persons;  
4. The legal proceedings relating to charity endowments, gifts and charity -dedicated 
wills;  
5. The legal proceedings for disqualification of judges and prosecution members; and  
6. Any ot her instance in respect of which the law requires the Public Prosecution to 
intervene.

Article (65) 
With the exception of summary proceedings, the public prosecution may intervene in the 
following instances:  
1. In case of lack of jurisdiction due to the denial of jurisdiction of the judiciary body;  
2. [Preventive] Composition for bankruptcy proceedings;  
3. In cases which the public prosecution deems appropriate to intervene on the basis of 
being related to the public order or community morals; and  
4. Any other instances which the Law requires intervention by the public prosecution.

Article (66) 
The court may, regardless of the status -quo of the case, order referral of the case file, 
electronically or in hard copies, to the public prosecution whe re such a case involves an 
issue of the public order or community morals, and that the intervention of public 
prosecution in such case shall be a mandatory issue.  
   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  41

Article (67)  
1. The Public prosecution shall be deemed duly represented in a case wheneve r it has been 
served a notice on the same or whenever it has submitted a memorandum of opinion 
thereon, and in such instance, the presence of the public prosecution shall not be 
mandatory, unless otherwise provided for in the Law.  
2. Under all circumstan ces, the public prosecution is not obliged to be present upon the 
issuance of the judgment.

Article (68) 
Under all circumstances wherein the Law requires the intervention of public prosecution, 
the Cases Management Office at the court shall serve a notice upon the public prosecution not later than 3 [three] business days from the date of registration of the c ase. Where an 
issue which requires intervention of the public prosecution arises during the hearing of the case, the public prosecution shall be served with a notice by virtue of a court order.

Article (69) 
At its request, the public prosecution shall be  granted at least 7 [seven] business days to 
submit a memorandum of opinion, and such a time limit shall commence on the date on 
which the case file has been served upon the public prosecution.

Article (70) 
The public prosecution may intervene in the cas e notwithstanding the status -quo of the 
same prior to the close of pleadings.  
   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  42

Article (71) 
In all cases wherein the public prosecution is an intervenor, the litigants involved may 
neither, following the public prosecution's submission of its opinion and claims, request 
verbal pleadings nor submit any further submissions; however, they may only submit a 
written statement to the court whereby they require correction of the merits which the 
public prosecution mentioned. Nevertheless, the court may -  in excep tional circumstances at 
its discretion – admit further documents or supplemental submissions which it may permit 
for submission, and may also permit further pleadings into the case, and in such instance, 
the public prosecution shall be the last party to sp eak.

Article (72) 
The Public prosecution may appeal any judgment in the events which the Law permits or 
required intervention by the Public Prosecution, in the event that the judgment violates any 
public order rule or where the law stipulates the same.  
  
Part 5 Procedures and Order of Court Hearing  
Chapter 1 Procedures of Court Hearing

Article (73) 
Pleadings shall take place at the first court hearing. Where a Plaintiff or a Def endant submits, 
at the first hearing, an Exhibit which it could have submitted during the time limit prescribed under Article [48.2] of this Code, the court may admit the same unless such an admission would be conducive to adjournment of hearing of the cas e. In the event that admission of 
the underlying Exhibit results in adjournment of the case, the court may, either sua sponte or  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  43 
 upon motion of the litigants, issue an penalizing order against the party causing the delay 
and that such penalty shall be not less than AED 2,000 [two thousand UAE Dirhams] and not more than AED 5,000 [five thousands UAE Dirhams]. Nevertheless, the Plaintiff and the 
Defendant may each submit exhibits in response to the pleadings or interlocutory 
applications of the adverse party.

Article (74) 
1. The court or the supervising judge may order a fine of not less than AED 1,000 [one 
thousand UAE Dirhams] and not more than AED 10,000 [ten thousand UAE Dirhams] 
against any defaulting employee of the court or against either litigant i n the event of 
failure to submit the documents or to take any prescribed action into the case within the time limit specified by the court or the Cases Management Office. Such an order shall be 
recorded in the transcript of the court hearing, shall have the binding force of judgments, 
and shall not be challenged by any means whatsoever.  
2. The court or the supervising judge, as the case may be, may exempt the fined party from 
the prescribed penalty, in whole or in part, where the latter furnishes an acceptable 
reason.  
3. The supervising judge may, in the event that any party refrains from submitting the underlying exhibit or taking the prescribed action into the case after being penalized 
with a fine by the judge, refer such case to the competent court in order for the latter to 
either render a judgment on the case as it stands or decide that the case be null and void, 
as the case may be.  
4. The court may, in the event that any party refrains from submitting the underlying exhibit or taking the prescribed action after being penalized with a fine, adjudicate on 
the case as it stands.   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  44

Article (75) 
The order of penalty issued pursuant to the provisions of Articles [73] and [74] of this Code 
may be enforced by the court or the supervising judge, as the case may be, and such enforcement shall take place pursuant to the mandatory enforcemen t measures prescribed 
in the present Law.

Article (76) 
1. The court may permit the litigants, during the hearing of the case, to submit documents, 
pleas or new evidence, to amend their existing claims, or to submit interlocutory 
applications which they  could not submit to the Cases Management Office, and the 
court may, however, deny the submission of the same where it is convinced that the 
same could have been duly submitted to the Cases Management Office. In addition, the 
submissions of litigants shall be served by way of being filed with the Cases 
Management Office or being exchanged between the parties provided that the original 
copy of the submission shall be marked by the adverse party in acknowledgment of 
receipt thereof, or via electronic means.  
2. The court may request clarifications from the litigants on the affairs of missing items or 
documents of the case.  
3. The court may, when the case is set for adjudication, permit the litigants to exchange 
closing arguments on the dates which the court may schedule pursuant to the controls 
prescribed under Article [128] of this Code.

Article (77)  
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 The court may offer amicable settlement to the litigants, and may, to that end, order  the 
personal appearance of such parties. Amicable settlement shall take place and enforced 
pursuant to the procedures, rules and effects prescribed by Article [81] of this Code.

Article (78) 
1. The court may not adjourn a case more than once for the s ame reason which is 
attributable to either of the litigants, unless the same is caused by an emergency 
following referral to court trial, e.g. demise or incapacitation of either litigant, third party 
intervention in the case, allegation of forgery, submiss ion of a proof of pending criminal 
proceeding associated with the same subject -matter, or whenever either litigant requires 
submission of a proof of amicable settlement, provided the adjournment period shall not 
exceed two week.  
2. The court shall not ad journ a case more than 10 [ten] hearings, regardless of the reasons 
thereof.  
3. Under all circumstances, the court shall issue the dispute -settling judgment not later 
than 80 [eighty] days from the date of the first hearing before such court.  
  
Chapter 2 The Order of Court Hearing

Article (79) 
With the exception of personal status cases and legacy cases, pleadings shall be conducted in open court unless otherwise stipulated by the applicable laws of the State or unless the 
court decides, either sua spont e or upon motion of either litigant, to hear the case behind 
closed doors so as to maintain the public order, community morals or family privacy.  
   
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Article (80) 
1. Litigants shall be summoned and called by the bailiff as on the date specified for the 
hearing of the case.  
2. The Plaintiff shall have the right to speak first in the case, unless the Defendant admits 
the facts described in the statement of claim but alleges the existence of other legal 
reasons or further merits which will defend against the  claim of the Plaintiff, and in such 
instance, the right to speak first shall be granted to the Defendant.  
3. A litigant, which has the right to speak first in the case, may furnish its claim and submit 
its own statements for substantiation, and the adverse party shall, thereafter, have the right to furnish its defense and to submit its own statements for substantiation.  
4. The litigant, which speaks first in the case, may furnish its evidence so as to refute the adverse party's evidence.  
5. The court shall hear the verbal pleadings of litigants at their request and shall determine 
the duration of the same, while the Defen dant shall be the last party to speak.  
6. The court may examine the litigants and hear the statements of any witnesses as 
deemed necessary.

Article (81) 
The litigants may require the court, regardless of the litigation stage of the case, to order that their agreement be recorded in the transcript of the court hearing, as long as the same does not go against the applicable legislation, public order or morals in the State. In both 
instances, the transcript and the agreement annexed therewith shall have the legal force of a 
writ of execution, and the photocopy thereof shall be served according to the rules of 
delivery of judgments.  
   
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Article (82) 
1. The orde r and management of the court hearing shall be vested in the presiding judge, 
who may, to that end, dismiss from the hearing any person jeopardizing the order of the 
court, but if such a person does not comply, the court may, with immediate effect, order 
detainment of such a person for 24 [twenty -four] hours or to penalize the same with an 
amount of not less than AED 1,000 [one thousand UAE Dirhams] and not more than 
AED 3,000 [three thousand UAE Dirhams], and the court's order in this respect shall be 
final.  
2. The court may, prior to the conclusion of the hearing, revoke its order issued pursuant to 
the Clause [1] of this Article.

Article (83) 
The court may, sua sponte, order removal of the inappropriate or obscene phrases or expressions which infract the public order or community morals from any paper of the 
documents of pleadings or submissions.

Article (84) 
The presiding judge of the hearing shall order that a report be drawn up on each crime which occurs during the hearing and that investigation be conducted into the same, and 
thereafter he shall order referral of the relevant documents to the public prosecution so as to 
take the necessary course of action with regard thereto. The presiding judge may, if 
necessary, order detainment of the p erpetrator of the crime involved, without prejudice to 
the provisions of the Legal Profession Law.  
   
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Article (85) 
In the event that a crime of assault has been committed against the Bench or any member of 
the Bench or any of the court employee, perjury or any crime which is punishable by the law 
during the court hearings, the court shall order that the perpetrator be arrested and referred 
to the public prosecution for the latter to take the necessary course of action.  
  
Part 6 Pleas, Impleader, Invention an d Interlocutory Applications 
Chapter 1 Pleas

Article (86) 
1. The plea to the territorial jurisdiction, the plea for referral of a case to another court on 
the basis that the latter is hearing the same dispute or for correlation purposes, the plea 
to invalidity which is not associated with the public order, as well as all other pleas associated with the pr ocedures which have no association with the public order, shall be 
furnished together prior to furnishing any other procedural plea, claim of defense in the case or for inadmissibility, failing which, the right shall lapse for any such pleas not 
furnished,  and the Petitioner's right to furnish such pleas shall be waived unless 
furnished in the statement of objection.  
2. All aspects on which the plea of procedures not associated with the public order shall be 
furnished together, failing which, such a right  shall be waived for such aspects which 
have not been furnished.

Article (87) 
The plea to the territorial or subject -matter jurisdiction of the Court may be furnished at any  
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 stage of litigation, and the court shall decide on the same sua sponte.

Article (88) 
Subject to Article [33.5] of this Code, where the litigants have agreed to plead before a court 
other than the one before which the case has been filed, the court may order that the case be 
referred to the court on which the parties have agree d following verification of the validity 
of such agreement.

Article (89) 
In the event that the same dispute is brought before two courts, the plea of referral shall be 
furnished to the latest court before which the dispute has been filed so as to issue a 
judgment thereon.

Article (90) 
The plea of referral on the basis of correlation may be furnished before either of the two courts, and the court to which the case has been referred shall hear the same.

Article (91) 
1. Whe never the court orders referral in the foregoing instances, it may determine for the 
litigants the hearing on which they shall be present before the court to which the case has been referred, and that the Cases Management Office shall serve the absent litigants 
with the same.  
2. In the event that the court fails to schedule a hearing for the litigants, the court to which 
the case has been referred shall schedule the same and shall serve the litigants with the  
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 same.  
3. The court to which the case has bee n referred shall hear the same unless it is lacking the 
territorial or subject -matter jurisdiction over the case.  
4. Where the court decides that it is lacking the territorial jurisdiction over the case, it shall 
order the Plaintiff to pay 10% [ten perce nt] of the fee and shall refund the remainder to 
the same.

Article (92) 
The invalidity of service of statements of claim and summons which results from an error 
involving the service process, the details of the court or the date of the hearing, shall cease to 
exist when the served Defendant or its attorney appears before the c ourt on the hearing 
date stated in the process service or when the a statement of defense is filed by the Defendant, without prejudice to the Defendant's right to request adjournment of the case 
for completing the appearance time limit.

Article (93) 
1. The motion to dismiss a case may be furnished at any stage of litigation.  
2. Where the court is convinced that the motion to dismiss the case on the grounds of 
denial of the Defendant's locus standi is well- founded, it shall adjourn the case to serve 
the party having the locus standi at the request of the Plaintiff.  
3. In the event that the case is filed against a governmental entity or a public corporate 
body, the effect of correction shall apply as of the day of instituting the case, even if the 
correction takes place beyond the time limit prescribed for instituting the case.

Article (94)  
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 The motion to dismiss a case on the grounds of res judicata doctrine may be furnished at any 
stage of litigation, and shall be decided on by the court sua sponte.

Article (95) 
The court shall decide on the pleas and motions on a case -by-case basis, unless it orders 
joinder of the same to the subject -matter of the case, and in such instance, the court shall 
indicate its decision on the pleas and the subject -matter  separately.  
  
Chapter 2 Impleader and Intervention

Article (96) 
The litigant may bring into an ongoing legal proceeding any Third Party who could have 
been validly sued upon instituting the same. The Defendant may, if it claims that it has a 
right associated with the right under consideration in the ongoing legal proceeding against a person who is not a party to the same, submit a written application to the Case Management 
Office or to the Court, setting out the nature of and reasons for such a claim, and shall 
request that the Third Party concerned be joined into the ongoing legal proceeding, through the standard procedures for instating the legal proceeding. The Third Party concerned may 
also be joined into the ongoing legal proceeding if it attends the h earing and accepts, before 
the Court, to be impleaded.

Article (97) 
Each interested party may intervene in an ongoing legal proceeding alongside either litigant, 
or may seek in its own favor a judgment that grants a claim relating to the ongoing legal 
proceeding, pursuant to the standard procedures for instituting the legal proceeding, or may  
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 furnish a verbal claim at the hearing in the presence of the adverse party, so that such a 
verbal claim shall be recorded in the hearing transcript. No intervention shall be admitted 
after the close of pleadings.

Article (98) 
1. The court may, sua sponte, order that any Third Party be brought into an ongoing legal proceeding, as deemed appropriate for the proper administration of  justice or revelation 
of truth. In which case, the court shall determine the hearing for the Third Party to 
appear before the court. Furthermore, the court shall determine the legal position of 
such a Third Party in the legal proceeding, and shall order t he service of process upon 
such a Third Party pursuant to the standard procedures for instituting the case.  
2. The court may instruct the Cases Management Office to serve a summary of the litigant s' 
claims and relief sought in the legal proceeding upon any person, as decided by the 
Court to be beneficial to the proper administration of justice or revelation of truth.  
 
Chapter 3 Interlocutory Applications

Article (99) 
1. The Plaintiff or the Defen dant may submit any interlocutory applications that are 
associated with the original claim in a manner which renders the simultaneous 
examination of both of them beneficial to justice.  
2. Such application shall be submitted to the court pursuant to the s tandard procedures for 
instituting the case or via a verbal claim to be submitted at the hearing in the presence of 
the adverse party and recorded in the hearing transcript.  
   
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Article (100 ) 
The Plaintiff may submit any interlocutory applications which:  
1. Introduce correction of the original claim or amendment of its subject -matter so as to 
address circumstances which have occurred or been revealed after the case has been 
instituted;  
2. Are supplement to, dependent upon, or inseparably associated with t he original 
claim;  
3. Involve addition to, or amendment of, the cause of action, while maintaining the 
subject -matter of the application as it stands;  
4. Seek a precautionary measure; or  
5. Are permitted by the court to be submitted for being associated with the original claim.

Article (101 ) 
The Defendant may submit the following interlocutory applications:  
1. A claim for judicial set -off or a claim for the damages inflicted thereupon by the 
original case or any procedure performed thereunder.  
2. A claim, which, if granted, would refute or otherwise restrict in favor of the Defendant all or any of the Plaintiff's claims;  
3. Any claim which may be inseparably associated with the original case; or  
4. Any claim permitted to be submitted by the court for being associated with the 
original claim.

Article (102 )  
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 1. No interlocutory applications shall be admitted after the close of pleadings.  
2. The court shall decide on the said applications alongside the original case whenever 
possible, failing which, the interlocutory application shall be initially decided on after 
being verified.  
  
Part 7 Suspension, Stay, Abatement, Prescription and Discontin uance of 
Legal Proceeding  
 
Chapter 1 Suspension and Stay of Legal Proceeding

Article (103 ) 
1. The legal proceeding may be suspended if the parties agree not to proceed with the same 
for not more than 6 [six] months from the date of the court's endorsement of their 
agreement. Such suspension shall have no legal effect on any mandatory date which the  
law has prescribed for a certain action to occur, and neither litigant may request 
resumption of the legal proceeding within the suspension period without the consent of 
the adverse party.  
2. In the event that neither party requests resumption of the le gal proceeding within the 8 
[eight] days following the expiry of the suspension period, the Plaintiff shall be deemed 
to have abandoned its case, and the Appellant shall be deemed to have abandoned its 
appeal. In addition, the Cases Management Office shall, upon expiry of the period 
referred to in this paragraph, refer the legal proceeding to the competent judge for decision.  
   
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Article (104 ) 
The Court shall order suspension of a legal proceeding if it is convinced that that decision on 
its merits would be c ontingent upon the determination of any other issue, and that once 
such reason for suspension ceases to exist, either litigant may apply for resumption of the 
case.

Article (105 ) 
1. The legal proceeding shall be stayed by operation of law upon the death or 
incapacitation of either litigant, or upon the termination of legal capacity of any legal 
representative acting on behalf of either litigant, unless the same arises after the close of 
pleadings into the case. In the event that there are several litigants, the court shall order 
that the legal proceeding be stayed with regard to the party in respect of which the cause 
of stay exists, and shall adjourn the legal proceeding with regard t o the other litigants.  
2. The legal proceeding shall not be stayed upon the death of the litigant's attorney or upon the termination of his legal representation by means of stepping down or dismissal, and 
the court may grant an appropriate time extension to the party whose attorney has 
passed away or whose legal representation has been terminated, in order to appoint a substitute attorney, if required.  
3. The stay of legal proceeding shall bring all procedural dates applicable to the litigant affected b y the cause of stay to an end, so that all the procedures that occur during the 
stay of proceeding shall become invalid.

Article (106 ) 
The legal proceeding shall be resumed with regard to the litigant affected by the cause of  
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 stay of proceeding by virtue  of a subpoena to be served upon the person acting on behalf of 
the party who passed away or lost the locus standi or whose legal capacity ceased to exist, 
upon the request of the other party, or based on a subpoena to be served upon such a party 
at the re quest of other litigants. The legal proceeding shall also be resumed if the scheduled 
hearing is attended by the heirs of the deceased or by the person acting on behalf of the party who lost the locus standi or on behalf of the party whose legal capacity c eases to exist.

Article (107 ) 
In the event that any of stay of proceeding causes occurs after the close of pleadings into the 
case, the court may either adjudicate on the legal proceeding based on the closing 
statements and arguments of the parties or re -open the pleadings at the request of the 
person acting on behalf of the party who passed away or lost the locus standi or whose legal capacity ceased to exist, or at the request of the other party.  
  
Chapter 2 Abatement, Prescription and Discontinuance of Legal Proceeding

Article (108 ) 
1. Each litigant involved in the legal proceeding may, in the event that the legal proceeding is interrupted due to the Plaintiff's act or omission, move for abatement of proceeding 
upon the lapse of 6 [six] months following the date of the last valid litigation procedure.  
2. The abatement time limit in respect of the stay of proceeding instances shall only commence on the day on which the party requesting abatement of proceeding serves a 
notice upon the heirs of the adverse party who died, upon the person acting on behalf of 
the party whose litigation capacity has been terminated or upon the person acting on 
behalf of the party whose locus standi  ceases to exist, indicating that the legal  
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 proceeding is pending between it and the original adverse party.  
3. The time limit prescribed for abatement of legal proceeding shall apply to all persons 
even if they are lacking the legal capacity or are having diminished capacity, without 
prejudice to t heir right to claim compensation from their legal representatives in the 
event of the latters' failure to properly follow up on the legal proceeding to such extent which has eventually given rise to the abatement of proceeding.

Article (109 ) 
1. The application for abatement of legal proceeding shall be submitted to the court before 
which the legal proceeding is instituted.  
2. The abatement of legal proceeding may be invoked in the form of a plea if the Plaintiff resumes the legal proceeding aft er the lapse of the six [6] months.  
3. The application for abatement of legal proceeding shall be submitted all Plaintiffs or 
Appellants, failing which, the same shall be inadmissible.

Article (110 ) 
The judgment establishing abatement of the proceeding  shall result in both the annulment 
of the judgment rendered in respect thereof based on the evidence procedure and 
invalidation of all procedures performed with regard to the legal proceeding, including the 
statement of claim. However, the right to instit ute the legal proceeding, the final judgments 
rendered in respect thereof or the procedures preceding such judgments, the admissions 
made by the parties or the oaths taken by them shall not be extinguished, and the same shall not, however, preclude the lit igants from invoking the investigation procedures and expert 
witness's actions taken, unless the same is invalid per se.  
   
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Article (111 ) 
Where an appellate proceeding is decided to be abated, the appealed judgment shall, in all 
cases, be deemed final . Where the legal proceeding is decided to be abated in respect of the 
motion for reconsideration before a ruling granting the motion is rendered, the motion shall 
be abated, and, if after a ruling granting the motion is rendered, the aforementioned rules 
relating to the appeal or the first instance, as the case may be, shall apply.

Article (112 ) 
In all cases, the legal proceeding shall be time -barred with the lapse of one year following 
the date of the last valid procedure performed in connection therewith, and the prescription 
of legal proceeding shall result in the same effects that result from its abatement.  
The provision of the foregoing paragraph shall not apply to the challenge by way of 
cassation.

Article (113 ) 
The Plaintiff may discontinue the legal proceeding based on a notice of discontinuance to be served upon the adverse party, under an explicit acknowledgment of discontinuance in a 
statement signed by the Plaintiff or his legal representative and served upon his adverse 
party, or through exp ressing the desire of continuance verbally at the hearing and recording 
the same in the hearing transcript.  
No discontinuance of the legal proceeding shall take place after the Defendant has 
expressed its claims unless the latter's consent is obtained. How ever, the Defendant's 
objection to the discontinuance shall not be considered by the Court if the Defendant has  
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 objected to the jurisdiction of the Court, has requested referral of the case to any other 
Court, or has asserted invalidity of the statement of  claim or inadmissibility of the legal 
proceeding on the grounds of res judicata or otherwise with the sole aim of precluding the 
Court for hearing the legal proceeding.

Article (114 ) 
Discontinuance of the legal proceeding shall give rise to all the effe cts that result from the 
abatement thereof, and the discontinuing party shall be liable to pay the legal costs.

Article (115 ) 
During the course of the legal proceeding, if the litigant waives a particular procedure or a  
procedural paper, explicitly or implicitly, the underlying procedure or paper shall be deemed 
null and void.  
Waiver of the judgment shall automatically entail waiver of the right established thereunder.  
  
Part 8 Ineligibility, Disqualification and Recusal of Judge

Article (116 ) 
1. The judge shall, in the following cases, be ineligible to hear the legal proceeding, and, as 
such, shall be prohibited from hearing the same, even if not disqualified by either 
litigant:  
a. If he is the spouse, blood relative or an in- law up to the fourth degree of either 
litigant;  
b. If he or his wife has an existing legal proceeding against either of the litigants;   
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 c. If he is the attorney -in-fact, guardian, trustee or presumptive heir of e ither litigant, if 
he is the spouse of the guardian or trustee of either litigant, or if he is a relative or an 
in-law up to the fourth degree of such a guardian or trustee or of a member of the 
company's board of directors or any of its managers where suc h a member or 
manager has a personal interest in the legal proceeding;  
d. If he or his wife, blood relative or in -law in the ancestral line, or a person for whom 
he is acting as the attorney -in-fact, trustee or guardian, has an interest in the existing 
legal proceeding;  
e. If he and any of the tribunal judges has a relationship of kinship or affinity up to the 
fourth degree; in which case, the more junior judge between them shall recuse 
himself;  
f. If he and the representative of the Public Prosecution or t he advocate of either 
litigant are related by blood or affinity up to the second degree;  
g. If he had given an opinion, pleaded on behalf of either litigant or written anything in 
relation to the underlying legal proceeding, even if before his appointment in the 
judiciary, or if he had previously dealt with the underlying legal proceeding as a 
judge, expert witness, arbitrator or witness; or  
h. If he filed a claim for compensation against the disqualifying party or filed a 
complaint against the latter with the competent authority.  
2. Any action taken, or decision made, by the judge in respect of any of the foregoing 
circumstances shall be null and void, even if based on the agreement of the litigants.  
3. If this invalidity occurs in relation to a judgment is sued on a challenge by way of 
cassation, the litigant concerned may petition the court to overturn that judgment and to 
order that the challenge by way of cassation be heard before a Tribunal in which the  
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 disqualified judge is not involved.

Article (117) 
A judge may be disqualified on any of the following grounds:  
1. If he or his wife has a legal proceeding similar to the legal proceeding brought before 
him, or if he or his wife has a legal proceeding against either litigant or his / her spouse 
after the original legal proceeding brought before him has been instituted, unless that 
latter legal proceeding has been instituted with the sole aim of disqualifying the judge 
from hearing the original legal proceeding;  
2. If his divorcee with whom he has a child, or any of his relatives or in- laws in the ancestral 
line, has a pending legal proceeding against either litigant or his / her spouse, unless that 
latter legal p roceeding has been instituted with the sole aim of disqualifying the judge 
from hearing the original legal proceeding;  
3. If either litigant has worked as a servant of the judge, if the judge has habitually been dining or cohabitating with either litigan t, or if he has received a gift from either litigant 
before or after the legal proceeding is instituted;  
4. If a state of bad blood or friendship exists between him and either litigant, such that it is 
likely that he would not be able to adjudicate impar tially; or  
5. If either litigant has chosen him as an arbitrator in a former legal proceeding.

Article (118 ) 
1. If the judge is ei ther ineligible to hear the legal proceeding or affected by any of the 
grounds for disqualification set forth in Articles [116] and [117] of this Code, he shall 
keep the Chief Justice informed of the same. If any ground for disqualification is proven  
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 to be  in place, the Chief Justice shall permit the judge to recuse himself, and the same 
shall be recorded in a special report to be kept with the court.  
2. The judge may, even if eligible to hear the legal proceeding and is not affected by any 
grounds for disq ualification but feels that it would be more appropriate for himself to 
step down from hearing the legal proceeding for any reason whatsoever, put forward his 
recusal proposal to the Chief Justice in order for the latter to decide on the matter.  
3. If any of the foregoing situations affects the Chief Justice of the court, he shall refer the matter to the judge acting in lieu of him.

Article (119 ) 
1. If the judge is affected by any of the grounds for disqualification set out in Article [117] of this Code b ut fails to recuse himself, the litigant concerned may request his 
disqualification. The disqualification shall be sought based on a Motion for 
Disqualification to be submitted to the Chief Justice of the court to which the judge 
concerned belongs, and sha ll be signed by the moving party or his authorized 
representative and accompanied by the power of attorney. Motion for Disqualification shall set out the grounds for disqualification and shall be accompanied by the supporting 
documents.  
2. The party moving  for disqualification shall, upon filing the motion, deliver to the Court's 
treasury an amount of [AED 5,000] five thousand dirhams as security deposit, and such security deposits shall be multiplied depending on the number of judges whose 
disqualification is sought. The Chief Justice shall not admit the Motion for 
Disqualification unless the same is accompanied by a proof of payment of the security  
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 deposit. It shall be sufficient for one security deposit to be paid for each Motion for 
Disqualification of judge in the event that there are several parties seeking disqualification under a single Motion for Disqualification, even if the grounds for 
disqualification are different. If the Motion for Disqualification is denied, the court shall 
impose a fine on the  party moving for disqualification of not less than [AED 5,000] five 
thousand dirhams and not exceeding [AED 10,000] ten thousand dirhams, in addition to 
the confiscation of security deposit.

Article (120 ) 
1. The Motion for Disqualification shall be filed before any defense or plea is presented in the legal proceeding; otherwise, such a right shall be forfeited. Nevertheless, the Motion 
for Disqualification may be filed later either if its grounds occur thereafter or if the party 
seeking  disqualification proves that it has been unaware of such grounds.  
2. Under all circumstances, the litigant's right to seek disqualification shall be forfeited if no 
Motion for Disqualification is filed before the close of pleadings and such litigant has 
been notified of the hearing scheduled for the underlying legal proceedings and the 
grounds for disqualification are in place and recognized by him up to the close of pleadings.

Article (121 ) 
1. The Chief Justice shall inform the judge, whose disqualification is sought, of the Motion for Disqualification and its attachments as soon as possible.  
2. The judge shall respond, in writing, to the disqualification grounds and details, not later 
than seve n days following the date of being informed of the same. If the judge either fails  
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 to provide a response within such a time limit or admits the grounds for disqualification, 
and such grounds are legally valid as a basis of disqualification, the Chief Justice shall issue an order of disqualification.  
3. If the judge responds to the grounds for disqualification and denies a particular ground 
thereof which is legally valid as a basis of his disqualification, the Chief Justice shall 
designate the Tribunal taske d with hearing the Motion for Disqualification and shall 
schedule a date for the Tribunal to hear the same. In addition, the Case Management Office shall inform both the party seeking disqualification and the judge of such a date, 
and shall also inform all other litigants involved in the underlying legal proceeding in 
order to file any Motions for Disqualification they may have according to the foregoing Article. The said Tribunal shall examine the Motion for Disqualification in cameras, and shall decide on  the Motion after hearing the statement of the moving party and response 
of the judge concerned, if necessary or so requested by the latter. Upon examining the Motion for Disqualification, the judge concerned may neither be examined nor be asked 
to take th e oath.  
4. Where Motions for Disqualification are filed before close of pleadings in respect of the initial Motion for Disqualification, the Chief Justice or his representative, as the case may 
be, shall refer all such Motions to the same Tribunal that is hearing the initial Motion, in 
order for a single ruling to be rendered in respect of all such Motions.  
5. The procedures for examining and deciding on the Motion for Disqualification shall be conducted, even if the party seeking disqualification waives the same.  
6. The ruling on the Motion for Disqualification shall be announced at an open court 
hearing and shall be unchallengeable.   
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Article (122 ) 
The filing of a Motion for Disqualification shall bring about a stay of proceedings until a final 
ruling is r endered on the Motion. However, in case of urgency, and at the request of the 
other litigant, a judge may be appointed in lieu of the judge whose disqualification is sought.

Article (123 ) 
The Court of Appeal shall decide on the Motion for Disqualificatio n if the judge whose 
disqualification is sought is a judge of the Court of Appeal or a judge of the Court of First 
Instance that is subordinate to the Court of Appeal.

Article (124 ) 
1. If a Motion for Disqualification is filed against all judges of the Court of First Instance and the Court of Appeal grants such a Motion, the Court of Appeal shall assign the legal 
proceeding to another Court of First Instance for adjudication on the merits thereof.  
2. If a Motion for Disqualification is filed agains t all or any of the judges of the Court of 
Appeal, so that the number of remaining judges would not be sufficient to render a 
judgment, the Motion for Disqualification shall be referred to the court of higher 
instance. If the latter Court decides to grant the Motion for Disqualification, it shall refer 
the case to another Court of Appeal for adjudication on the merits thereof.

Article (125 ) 
The rules and procedures set forth in Chapter 8  shall apply when a member of the Public 
Prosecution is sought to be disqualified where the Public Prosecution is an inventor in the  
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 underlying legal proceeding, based on any of the grounds described in Articles [116] and 
[117] of this Code.  
  
Chapter 9 Judgments  
Chapter 1 Rendering of Judgment

Article (126 ) 
Unless there is an agreement for amicable settlement signed by the litigants involved and duly attested by the Notary, the Court shall not, neither after the legal proceeding is set for adjudication nor in the course of the deliberations, hear the statements of either litigant or 
his attorney in the absence of the adverse party or admit any papers or submissions from 
either litigant without informing the adverse party of the same, otherwise, the underlying 
procedure shall be null and void.

Article (127 ) 
Once the pleadings of the legal proceeding are completed, the court shall either adjudicate 
on the same or set a date for the rendering of a judgment thereon. Furthermore, the court 
may extend the date set for the rendering of its judgment or order that pleadings be res umed 
again after being closed only once based on a reasoned decision to be announced at the hearing and records in its transcript. The issuance of such a decision shall be deemed a 
notice to the litigants of the new date. In both instances, the time limit shall not exceed two 
weeks.

Article (128 )  
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 1. Deliberation of judgments shall be conducted confidentially between all the judges 
involved, and only the judges who have heard the pleadings may get involved in the deliberation process.  
2. The Chief Justice shall collect the viewpoints, starting with the most junior judges 
followed by the more senior ones, and shall express his own viewpoint last. Judgments 
shall be rendered either unanimously or by majority of votes. If the majority is not 
available and there are more than two viewpoints, the group with the least numbers or 
with the most junior judges shall adopt the viewpoint of either of the groups with the 
highest number, after collecting the viewpoints for a second time.  
3. The judgment shall, as the case may be, be rendered by the judge or the Chief Justice and 
judges of the Tribunal.  
4. A report on the rendering of the judgment shall be drawn up on the date set for the 
judgment, indicating the names of the judges who attended the judgme nt hearing, and 
shall be signed by the Presiding Justice of the Tribunal or the Judge, as the case may be.

Article (129 ) 
1. Under all circumstances, the judgments shall indicate their underlying grounds, and 
once rendered, shall be kept in the case file after being signed by the Presiding Justice 
and Judges of the Tribunal, whether electronically or in a paper format.  
2. For summary proceedings, if the judgment is rendered at the pleadings hearing, the 
judgment and its underlying grounds may be filed within [3] three business days from 
the date of its rendering.  
3. Violation of the provisions of Clauses [1] and [2] of this Article shall render the judgment  
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 invalid.

Article (130 ) 
1. The judgment shall indicate the court that rendered it, the date and place of its rendering, 
the type of case, the names of the judges who heard the pleadings and rendered the 
judgment, and the names of the litigants and details on their appearance or absen ce. 
2. The judgment shall include a full account of the facts of the case and the relief sought by the litigants, a brief summary of their affirmative defense, and the opinion of the Public 
Prosecution, if any. Then, the grounds for and operative part of t he judgment shall be 
indicated.  
3. Errors or defects in relation to the factual grounds for the judgment, names and 
capacities of the litigants, or the failure to indicate the names of the judges who rendered 
shall render the judgment shall render the judg ment invalid.

Article (131 ) 
1. The copy of the judgment - based on which the judgment is to be enforced - shall be 
stamped with the official seal of the Court and signed by the competent officer after being appended with the writ of execution, and shall only be handed over to the litigant 
in whose favor the judgment is to be enforced. It is a prerequisite that the judgment be 
enforceable or that the judgment be appended with the writ of execution and electronic 
signature in the event that the judgment cop y is obtained remotely.  
2. A second enforcement copy of the judgment may be only delivered to the same litigant if 
the first copy is lost or cannot be used, under an order of the judge or Presiding Judge, as  
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 the case may be.  
3. A certified copy of the judgment may be delivered in an electronic or paper format to the 
parties concerned upon their request, and the same may only be delivered to nonparties 
with the permission of the judge or the Presiding Justice, as the case may be.

Article (132 ) 
1. Notwithstanding the provisions of Articles [127] and [129] of this Code, the Tribunals 
provided for in Article [29.2] of this Code shall decide on the legal proceedings brought 
before them by a decision the grounds of which shall be filed  at the same hearing.  
2. The decisions referred to in Clause [1] of this Article may be challenged before the 
competent Court of Appeal that shall hear the same in chambers, in accordance with the 
rules, procedures and time limit prescribed for challenging  the judgments.  
  
Chapter 2 Legal Costs

Article (133 ) 
1. Upon rendering a judgment or decision on the legal proceeding brought before it, the 
court shall, sua sponte , adjudicate on the legal costs.  
2. The le gal costs shall be determined against the losing party, and shall include, among 
others, the attorney fees to be determined by the Court in accordance with the controls and criteria set out in the Legal Profession Law and the cost of translating the notice s. If 
there are several losing parties, the legal costs may be divided among them either 
equally or pro rata their respective interests in the case, at the sole discretion of the court,  
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 and they shall only be held jointly liable to pay the legal costs if t hey have joint liability in 
respect of the underlying obligation decided against them by the Court. Where there are 
several losing parties, prevailing parties or attorneys, the attorney fees shall not be 
multiplied.  
3. Intervention costs shall be awarded against the intervening party if the latter has 
independent reliefs sought, if his intervention is denied, or if his relief sought is denied 
by the Court.

Article (134 ) 
The court may order that the prevailing party bear the legal costs of the legal procee ding, in 
whole or in part, if such a party has either caused unnecessary expenditure to be spent or 
left its adverse party unaware of the instrumental documents of the legal proceeding or of 
the contents thereof.

Article (135 ) 
If the Court denies certain claims of both litigants, the judgment may order that either each 
litigant bear the legal costs incurred thereby or the legal costs be divided between them as determined by the Court. However, the court may order that a single litigant bear all legal 
cost s.

Article (136 ) 
1. The court may impose legal costs against the expenses arising from a legal proceeding or 
defense based on malicious grounds.   
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 2. Without prejudice to the provisions of Article [133] of this Code, the court may, upon 
rendering a judgment on the merits, order a fine of not less than [AED 1,000] one thousand dirhams and not exceeding [AED 10,000] ten thousand dirhams against the 
litigant who takes an action or files a claim, motion or defense based on malicious 
grounds.  
  
Chapter 3 Correction and Interpretation of Judgments

Article (137 ) 
1. The court may, either sua sponte or upon a motion of either litigant, and without plead-
ings, correct any purely material errors, whether typographical or mathematical, that ex-ist in its decision or judgment. Such correction shall be made on the underlying decision 
or judgment, and shall be signed by the Presiding Judge of the hearing.  
2. The material error shall include, among others, the improper posting or issuance of the 
decision or judgment on the electronic system.  
3. If a decision denying the correction is issued, the same may only be challenged concur-
rently with the challenge against the original decision or judgment. For the decision that 
grants correction, it may be c hallenged independently based on the standard methods of 
challenge against the decision or judgment corrected.

Article (138 ) 
1. The litigants may file a petition with the court that renders a judgment for interpreting 
any vague or ambiguous aspects of su ch a judgment, and such a petition shall be filed 
based on the standard procedures for instituting a case. The judgment on interpretation 
shall be considered complementary in all respects to the judgment it interprets, and shall  
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 be subject to all rules of challenge applicable to the original judgment.  
2. Litigants may request the interpretation of judicial decisions and orders. In which case, 
the request shall be submitted in the same way of submission of the underlying decision 
or order, and shall be subje ct to the same legal effects set forth in Clause [1] of this 
Article.

Article (139 ) 
If the court fails to decide on any substantive claims, it shall, upon motion of any party 
concerned, consider the motion and issue a decision or judgment on the claims o mitted, as 
the case may be, after serving the motion upon the adverse party. In which case, the decision or judgment shall be subject to the rules of challenge applicable to the original decision or 
judgment.  
  
Part 10 Writs on Petitions

Article (140 ) 
1. In the circumstances where a litigant has a right to have a writ issued in its favor by the Court, such a litigant shall file a writ petition with the competent judge or to the 
Presiding Judge of the Tribunal that is hearing the case after the case has bee n registered.  
Such a petition shall be filed in two copies, unless it is registered electronically, and shall 
include the facts and grounds of the petition, the petitioner's domicile and place of work 
and an elected domicile in the State, if the petitioner  has no domicile or place of work 
therein, and shall be accompanied by the supporting documents.  
2. The judge or Presiding Judge of the Tribunal, as the case may be, shall issue a written writ  
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 on either copy of the petition or electronically not later than  the day following its filing 
date, and the grounds upon which the writ is based shall not be necessarily mention 
unless the writ goes against a previously -issued writ. In the latter case, the grounds upon 
which the new writ is based shall be mentioned; ot herwise, the new writ shall be invalid. 
The writ shall be recorded either in a special record or in the transcript of the hearing.  
3. The writ shall be executed under a letter addressed by the judge or the presiding judge of 
the Tribunal, as the case may b e, to the entity concerned. The petition shall be kept in the 
file with no need for service to be conducted or a writ of execution to be issued. If the 
writ cannot be executed for a reason attributable to a natural or private legal person, the 
judge or pre siding judge of the Tribunal, as the case may be, may impose on the same a 
fine of not less than [AED 1,000] one thousand dirhams and not exceeding [AED 10,000] 
ten thousand dirhams for each day of execution delay. The fine shall be imposed by a 
reasoned d ecision that cannot be challenged by any means of challenge. The judge or 
presiding judge of the Tribunal, as the case may be, may relieve the fined person of all or 
any part of the fine if the latter furnishes an acceptable excuse after the writ is 
comple tely executed.  
4. The fine penalty referred to in Clause [3] of this Article may be enforced by its issuer after 
the fined person is notified.  
5. The writ issued on a petition shall be time -barred if not submitted for execution within 
[15] fifteen days following the date of its issuance. This prescriptive period shall not preclude the issuance of a new writ.

Article (141 )  
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 1. The petitioner whose writ petition is denied, the party against whom the writ is issued, 
and the parties concerned shall all have th e right to file a grievance against decision 
made in respect of the writ petition with the competent court or the issuing judge -  as the 
case may be, unless the law provides otherwise. The institution of the original case 
before the court shall not preclud e examination of the grievance.  
2. The grievance shall be reasoned.  
3. The grievance shall be submitted either independently or is association with the original 
case, through the standard procedures for filing the interlocutory applications.  
4. In respect of the grievance filed against the writ, a decision to affirm, amend or overturn the writ shall be made, and such a decision may only be challenged by way of appeal. If 
the writ is issued by the Court of Appeal, the grievance against it shall be filed with a 
different tribunal of the same court, and the latter's judgment shall not be challengeable 
by any means of challenge.

Article (142 ) 
A grievance against a writ shall not cause a stay of its execution. However, the court or judge may order a temporary s tay of execution, in accordance with the provisions of Article [221] 
of this Code.  
  
Part 11 Writs of Debt

Article (143 ) 
1. Notwithstanding the general rules for instituting a legal proceeding b efore the Court of  
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 first instance, the provisions contained in the following Articles shall apply if the 
creditor's right is well- established in writing –  whether electronically or in a paper 
format - and due for settlement, and that the claim is only invo lving a debt of money of a 
specified amount or a movable property that is self -defined or specified in terms of type 
and value.  
2. The provisions of Clause [1] of this Article shall apply if the right is established based on 
a commercial paper, with the ex ception of the cheque which is considered a writ of 
execution under Article [212.2.d] of this Code.  
3. Under all circumstances, the filing of a petition for a writ of debt shall not preclude the 
petitioner from claiming the interests or damages or taking any other precautionary 
measure.

Article (144 ) 
1. The creditor shall first serve upon the debtor a notice for payment within at least five [5] 
days, following which, the creditor shall seek a writ of debt from the judge of the court within the territorial jurisdiction of which the debtor's domicile is located, the court 
within the territorial jurisdiction of which the underlying agreement is executed or per-formed in whole or in part, or the court within the territorial jurisdiction of which the agreement i s required to be performed. The right described in the notice for payment 
shall not be less than the right described in the petition for a writ of debt. The notice for 
payment shall be served by any of the means of service defined in this Code.  
2. The writ  of debt shall be issued on the basis of an electronic or paper petition, as the case 
may be, to be filed by the creditor and accompanied by a proof of the debt and a proof of 
serving a notice for payment upon the debtor. The Case Management Office shall k eep 
the petition filed until the appeal time limit expires.   
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 3. The petition shall include the details of the statement of claims described in Article [44] 
of this Code.  
4. The writ of debt shall be issued not later than [3] three business days following the filing 
date of the petition, and shall include details of the amount ordered to be paid or the 
movable property order to be delivered, as the case may be, and shall also indicate 
whether it is issued on a commercial matter.  
5. The petition referred to in this Article shall be give rise to the legal effects of instituting a 
legal proceeding as of the filing date thereof, even if the court is lacking the jurisdiction.

Article (145 ) 
The judge shall decide whether the petition is granted or fully or partially dismissed. If he 
issues a decision of dismissal or inadmissibility of the petition, such a decision shall be 
reasoned. If the decision is relating to the enforcement of a commercial contract, it shall be reasoned under all cir cumstances.

Article (146 ) 
1. The debtor shall be served with the writ of debt issued against it in accordance with the 
provisions and methods set forth in this Code.  
2. The writ of debt issued against the debtor shall be deemed null and void if the same is 
not served upon the debtor within [3] three months following the date of issuance of the 
writ.

Article (147 ) 
1. The litigants may file a grievance against  the writ of debts if the value thereof falls within  
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 the jurisdictional amount of the Court of First Instance, within [15] fifteen days following 
the date of serving the writ of debt upon the debtor of, and as of the issuance date of the writ with regard t o the creditor. The grievance shall be filed with the competent judge of 
the writ of debt according to the standard procedures for instituting the legal proceeding. 
Upon hearing the grievance, the rules and procedures applicable before the court shall 
be o bserved. The judge shall decide on the grievance by a final unchallengeable 
judgment, and the grounds for such a judgment shall be filed at the same hearing.  
2. Subject to Clause [1] of this Article, a writ of debt whose value exceeds the jurisdictional 
amount of the Court of First Instance may be appealed in accordance with the 
procedures and time limits prescribed for appealing the judgments. The grounds for appeal shall be filed upon registering the appeal, otherwise, it shall be inadmissible.  
3. Subject  to Articles [45.8] and [150] of this Code, the court shall decide on the appeal in 
chambers without being prepared by the Case Management Office, within one week of 
completing the service of the statement of appeal. It may schedule a hearing to consider 
the merits, if necessary, and shall not remand the claim to the Court of First Instance.  
4. Notwithstanding the provisions of Clause [3] of this Article, if the claim is initially filed through the standard manner for filing a case and the supervising judge  has issued a writ 
of debt in respect thereof, but the Court of Appeal is convinced that the conditions 
governing the issuance of the writ are not satisfied, it shall remand the claim to the Court 
of First Instance to hear the same in accordance with the t ypical method of hearing the 
legal proceedings.  
5. The rules and procedures governing the grievance or appeal against the writ of debt shall 
apply to the precautionary measures issued concurrently with the writ of debt.   
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Article (148 ) 
The rules for expedited enforcement shall apply to the writ of debt in accordance with the 
provisions of this Code.

Article (149 ) 
Based on a debt that satisfies the conditions for issuing a writ of debt, if the creditor seeks a 
writ of garnishment over the debtor's property  in the possession of third parties, the 
standard procedures shall apply to garnishment sought.

Article (150 ) 
Notwith standing the provisions set forth in this Chapter, if the legal proceeding brought 
before the court satisfies the conditions for issuing a writ of debt, the court shall decide 
thereon in accordance with the rules and procedures governing the adjudication o n legal 
proceedings.  
  
Part 12 Methods of Challenging Judgments  
Chapter 1 General Provisions

Article (151 ) 
1. Judgments may only be challenged by the losing party, and no party, whose relief sought 
is, explicitly or implicitly, grant ed or awarded by the judgment, may challenge the judg-
ment so rendered, unless the law provides otherwise.  
2. The party challenging a judgment shall not be adversely affected by its challenge.   
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Article (152 ) 
The rulings rendered in the course of hearing th e legal proceeding and which do not provide 
conclusive determination of the lawsuit may only be challenged after the conclusive 
judgment is rendered on the entire legal proceeding, with the exception of the summary and 
urgent judgments, the judgment that o rder the dismissal of proceedings, the judgments that 
are subject to compulsory execution, the judgment establishing lack of jurisdiction, and the 
judgment that establish the court's jurisdiction over the legal proceeding if the court has no 
jurisdiction t o adjudicate on the legal proceeding.

Article (153 ) 
1. The time limit for challenging a judgment shall commence on the day immediately 
following the date on which the judgment is rendered, unless the law provides 
otherwise. Such a time limit shall commence as of the day on which the judgment is served upon the losing party, in the circumstances where the latter has failed to appear 
in all hearings scheduled for the legal proceeding and to file a statement of defense, and 
also where the losing party has failed to appear and to file a submission at all hearings 
following the resumption of the legal proceeding after the same has been stayed for any reasons whatsoever.  
2. The time limit shall commence on the day of serving the judgment, in the event that any of the grounds for stay of the legal pr oceeding occurs and the judgment is rendered 
without suing the party acting in lieu of the litigant who passed away or lost the locus standi or whose legal capacity ceased to exist.   
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 3. The judgment shall be served according to the situations described in A rticles [9 and [10] 
of this Code.  
4. Failure to abide by the time limits for challenging the judgments shall cause the right to 
challenge judgment to be forfeited, and the Court shall decide the same sua sponte.

Article (154 ) 
1. The time limit for challe nging a judgment shall be interrupted when the losing party 
passes away or loses the locus standi for litigation or where the capacity of the person 
acting on his behalf ceases to exist.  
2. The interruption shall only cease to exist after the judgment is s erved upon all heirs, 
without mention of their names and capacities, at the last known domicile of their lega-
tor, in the event that the heirs are unknown, or after the same is served upon the party 
acting on behalf of the party whose locus standi is lost o r whose capacity ceases to exist.  
3. If the heirs are known, they shall be served according to the situations defined in Articles 
[9] and [10] of this Code.

Article (155 ) 
1. If the prevailing party passes away within the time limit prescribed for challen ging the 
judgment, the adverse party may file the challenge against the judgment and served the 
same upon all heirs of the prevailing party, without mention of their names and capaci-
ties, at the last known domicile of their Legator. Afterwards, the challen ge shall be served 
again upon all heirs in their respective names and capacities ahead of the hearing sched-
uled for the challenge to be heard or on the date scheduled by the Court for serving the 
heirs who have not been served with the first hearing and failed to appear in court. For  
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 summary proceedings, the service of process upon the known heirs shall be legally suffi-
cient.  
2. If the prevailing party loses the locus standi within the time limit prescribed for chal-
lenging the judgment, or where the party acting on his behalf loses its legal capacity, the challenge may be filed against the judgment and served upon the party who lost the lo-
cus standi or for whom the person acting has lost the legal capacity. Afterwards, the 
challenge shall be served again upo n the party acting on behalf of such a party ahead of 
the hearing scheduled for hearing the challenge or on the date scheduled by the Court as 
described above.  
3. The service of process in respect of clauses [1] and [2] of this Article shall be conducted as per the situations described in Articles [9] and [10] of this Code.

Article (156 ) 
1. The challenge shall be served as per the situations described in Articles [9] and [10] of 
this Code.  
2. If the party against whom the challenge is filed happens to be the Plaintiff or Appellant, 
and has not indicated in the Statement of Claim or in the Notice of Appeal the address 
for service, and such an address cannot be identified in light of the other do cuments of 
the case, such a party shall be served as per the situations described in Articles [9] and 
[10] of this Code.

Article (157 ) 
1. Only the party filing the challenge may take advantage thereof, and only the party 
against whom the challenge is filed may be affected thereby. However, if the judgment is  
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 rendered on a matter that is indivisible, or an obligation based on joint liability, or on a 
legal pro ceeding in respect of which the law prescribes that certain persons be sued, the 
losing party, who has either missed the time limit for filing the challenge or accepted the judgment, may challenge the same while the challenge timely filed by any of the oth er 
losing parties is being heard through joining the party filing the challenge in respect of its 
relief sought. Failing which, the court shall order the party filing the challenge to sue the 
defaulting party. If a challenge is timely filed against a prevailing party, the other pre-vailing parties shall be sued as well, even after the time limit for the challenge has ex-
pired with regard to them.  
2. If the challenge is timely filed by the guarantor or by the party requesting the guarantee 
against the judgment  rendered on the original legal proceeding, and they have the same 
defense in respect thereof, the party, who has either missed the time limit for challenging the judgment or accepted the judgment, may challenge the same judgment through 
joining the other party. If a challenge is timely filed against either of them, the other par-
ty, too, may be sued even after the time limit for the challenge has lapsed with regard 
thereto.  
3. The guarantor and party seeking the guarantee shall each take advantage of the ch al-
lenge filed by either of them against the judgment rendered in respect of the original le-
gal proceeding, provided that they have the same defense in respect thereof.

Article (158 ) 
1. The documents may only be returned back t o the parties who have submitted the same 
either after the time limits prescribed for challenging the judgments have expired or after 
the challenge filed is decided on.  
2. Photocopies of the documents referred to in Clause [1] of this Article may be delive red to  
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 the parties concerned so requesting.  
3. If necessity requires that the original document be delivered, such delivery shall take 
place based on an order of the judge or the presiding judge of the Tribunal, as the case 
may be, and a photocopy thereof shall be kept and signed by either of them and stamped 
with the seal of the Court.  
  
Chapter 2 Appeal

Article (159 ) 
1. Other than the situations excluded under a provision of the law, the litigants may appeal 
the rulings and judgments of the court of firs t instance before the competent court of 
appeal.  
2. Judgments rendered by the court of appeal shall be final and unchallengeable by way of 
cassation, in the event that the value of the legal proceeding does not exceed AED 
[500,000] five hundred thousand dirhams.

Article (160 ) 
1. Judgments and rulings rendered by the court of first instance within the jurisdictional 
amount thereof may be appealed on the grounds of the violation of the public 
order -related rules of jurisdiction, an invalidity affecting the underlying judgment or 
ruling, or a procedural invalidity that has affected the underlying judgment o r ruling.  
2. All judgments and rulings may be appealed within the range of the jurisdictional 
amount, in the event that the underlying judgment or ruling is rendered in contrast to a 
former judgment or ruling that has not acquired the res judicata effect. In which case, the  
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 former judgment or ruling shall be deemed appealed by operation of law if the same has 
not become conclusive upon filing of the appeal.  
3. In such cases, the Appellant shall pay to the treasury of the Court of Appeal, upon filing 
the app eal, a security deposit of AED [2,000] two thousand dirhams. If there are several 
Appellants, a single security deposit shall be legally sufficient if they have filed their 
appeal based on a single notice of appeal, even if they have different grounds for appeal.  
4. The Case Management Office shall not admit the notice of appeal if not accompanied by a proof of the payment of such security deposit, and the security deposit shall be 
confiscated by operation of law where the appeal is decided to be inadmissib le.

Article (161 ) 
The time limit for appeal shall be thirty [30] days unless otherwise provided for in the law, and for summary proceedings, the time limit shall be ten [10] days.

Article (162 ) 
If the judgment is rendered based on an act of fraud committed by the litigants, a forged 
document or perjury, or due to an instrumental document in the legal proceeding that is 
withheld by either litigant, the time limit for appealing the judgment shall only commence as 
of the day on which the act of fraud is discovered, the forgery is either admitted by its 
perpetrator or established under a judgment, the person who committed perjury is convicted, or the document withheld is brought to light.

Article (163 )  
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 1. Appealing the judgment rendered on a alternative claim shall inevitably entail appealing 
the judgment rendered on the original claim. In which case, the prevailing party of the original claim shall be sued, even after the time limit for appeal has expired.  
2. If the court of appeal sets aside the judgment rendered on the original claim, it shall re-
mand the case to the court of first instance for the latter to decide on the alternative 
claim.

Article (164 ) 
1. The appeal shall be filed based on a notice of appeal to be deposited with the Case 
Management Office of the competent court of appeal and immediately recorded in the 
relevant register or electronically recorded. The notice of appeal shall include details of 
the judgment appealed and its date, the grou nds for appeal, the claims sought, details of 
the litigants' names, capacities and domicile of each of them, the domicile elected by the 
Appellant in the town wherein the competent court of appeal is located, in addition to 
the signature of the Appellant o r its legal representative.  
2. Other than the e -registration instances, the Appellant shall file as many notices of appeal 
as the number of Appellees, in addition to another copy for the Case Management Of-fice, and shall attach with every copy the supporting documents of its appeal.  
3. Subject to the matters in respect of which a special provision is stipulated, the Appellant 
may submit the grounds for its appeal, up to the date of the first hearing, to the Case Management Office or the Court – as the case may be - , otherwise, its appeal shall be 
inadmissible.

Article (165 )  
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 1. The Case Management Office of the Court with which the appeal is filed shall request 
that the file of the first instance case be joined –  whether electronically or in a paper 
format – on the day immediately the filing day of the appeal.  
2. The Case Management Office of the First Instance Court that has rendered the judgment 
shall send the case file –  whether electronically or in a paper format –  not later than ten 
[10] days of the dat e of being requested to do the same. For summary proceedings, such 
a time limit shall be reduced up to three [3] days.

Article (166 ) 
1. The Appellee may, up to the date of the first hearing before the Case Management Office 
or the Court –  as the case may be - , file an appeal either through the standard 
procedures or under a statement that includes the grounds for its appeal.  
2. The appeal described in the foregoing paragraph shall be deemed a counterappeal if the 
same is filed within the t ime limit for appeal, and a cross -appeal if filed beyond the limit 
for appeal or where the party filing it has accepted the judgment prior to the date of filing of the original appeal.  
3. The cross -appeal shall be contingent on the original appeal, and shall cease to exist 
where the original Appellant has waived its appeal or where the original appeal is decided to be dismissed as a matter of form. For the counterappeal, it shall not cease to 
exist whenever the original appeal ceases to exist, regardless of  the method of filing the 
same.

Article (167 )  
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 1. The appeal shall bring the case back to its original state existing before the rendering of 
the judgment or ruling appealed only with regard to the matter covered by the appeal.  
2. The Court shall hear the appeal in chambers after the appeal is referred thereto by the Case Management Office.  
3. The Court shall decide on the appeal in chambers within twenty [20] business days 
based on a reasoned judgment or ruling that brings the legal proceeding to an end. The court of appeal shall decide that the appeal is inadmissible, dismissed or abated, or that 
the judgment or ruling appealed be affirmed. It may also schedule a hearing for examin-
ing the merits, if necessary.  
4. The court of appea l shall hear the appeal based on both the new evidence, pleas and as-
pects of defense submitted thereto, and the evidence, pleas and aspects of defense ini-
tially submitted to the court of first instance.  
5. New claims asserted in an appeal shall not be admitted, and the Court shall, sua sponte, 
decide or order that any new claims be dismissed as inadmissible. However, the original 
claim may be accompanied by the wages, salaries and all other financial rights that fall 
due after the closing arguments were sub mitted to the court of first instance, and the 
excess amount of compensation after such arguments were submitted. In addition, while 
keeping the original claim as it stands, its reason may be changed and new claims may 
be added thereto.  
6. Any party not involved in the legal proceeding on which the judgment or ruling appealed 
shall not be brought as a party to the appeal. In addition, intervention in the appeal may 
only be sought by any party that requests joining either litigant or that considers the 
judgm ent or ruling appealed to be adversely affecting its interests.   
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 7. Appealing the judgment or ruling that brings the legal proceeding to an end shall inevi-
tably entail appealing all the judgments and rulings rendered on the legal proceeding, unless they are  explicitly accepted, subject to the provision of Clause [1] of this Article.

Article (168 ) 
If the Court of First Instance decided on the merits of the case and the Court of Appeal is 
convinced that there has been an aspect of invalidity as to the judgme nt or a procedural 
invalidity that has affected the judgment, it shall both decide that the judgment be set aside 
and adjudicate on the case. If the Court of First Instance decides that it is lacking the 
jurisdiction over the case or that a subsidiary plea be granted and would cause a stay of the 
proceeding, while the Court of Appeal decides that the judgment be set aside and that the 
court is having the jurisdiction or that the subsidiary plea be dismissed and that the case be 
heard, the case shall be remanded to the Court of First Instance in order for the latter to 
render a judgment on the merits thereof.

Article (169 ) 
Under all circumstances, the Court shall grant the discontinuance  of the appellate 
proceeding if the Appellant waives its right to appeal.

Article (170 ) 
The appeal shall be subject to the rules and procedures that are applicable to the legal 
proceedings before the Court of First Instance, unless otherwise prescribed b y the law.  
  
Chapter 3 Motion for Reconsideration   
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Article (171 ) 
The litigants may file motions for reconsideration in respect of the final judgments 
and rulings rendered in the following instances:  
1. If the ad verse party has committed an act of fraud which affected the 
underlying judgment or ruling;  
2. If the judgment or ruling has been based on documents which, after the 
same is rendered, are acknowledged or turned out to be forged, or based on 
a witness testimony, which, after the judgment or ruling is rendering, 
turned out to be a perjury;  
3. If, after the judgment or ruling is rendered, the moving party obtains 
instrumental documents which have been withheld by the adverse party;  
4. If the judgment or ruling awards legal remedy not claimed by the litigants 
or in excess of their claims;  
5. If the operative part of the judgment or ruling is self -contradictory;  
6. By a party who considers that the judgment or ruling rendered on the legal 
proceeding is adversely affecting its interests where such a party has 
neither intervened in, nor been impleaded into, the underlying legal 
proceeding, provided that such a party pr oves the fraud, collusion or gross 
negligence of the legal representative acting on his behalf; or  
7. If the judgment or ruling is rendered against a natural or legal person who 
has not been duly represented in the legal proceeding.  
   
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Article (172 ) 
The t ime limit for filing motions for reconsideration shall be thirty [30] days, which shall 
commence, in respect of the instances referred to in Articles [171.1], [171.2] and [171.3] of 
this Code, only as of the day on which the fraud if discovered, the forger y is either admitted 
by its perpetrator or established under a court decision, the person who committed perjury is convicted, or the document withheld is brought to light. For the instance referred to in 
Article [171.6] of this Code, the time limit shall c ommence as of the day on which the act of 
fraud, collusion or gross negligence is discovered. For the instance referred to in Article [171.7] of this Code, the time limit shall commence as of the day on which the judgment is served upon the losing party or  its duly appointed legal representative.

Article (173 ) 
1. The Motion shall be filed with the Court that rendered the judgment, based on a petition to be deposited with the Case Management Office according to the standard procedures for instituting the c ase.  
2. The petition shall set out the details of the judgment in question and the date of its 
issuance, and the grounds for the motion; otherwise, the same shall be null and void.  
3. The court that hears the motion shall be composed of the same judges who rendered the 
judgment in question.  
4. The motion shall only be admitted if its petition is accompanied by a proof of payment of 
AED [500] five hundred dirhams as security deposit. Suc h security deposit shall be 
confiscated if the motion is decided to be dismissed, inadmissible or impermissible.  
   
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Article (174 ) 
1. After hearing the statements of the litigants, the Court shall first decide on the 
inadmissibility of the motion. If admitted, the Court shall schedule a hearing for 
pleadings on the merits, with no need for a new service of process. However, the Court 
may decide on both the admissibility of the motion and its merits under a single 
judgment, in the event that the litigants have filed their claims as to the merits with the 
court. The Court shall only reconsider the claims contained in the motion.  
2. Neither the filing of a motion nor its admission shall cause a stay of execution of the 
judgment. However, the Court that hears t he motion may order a stay of execution 
whenever requested in the event that the execution is likely to bring about an 
irremediable substantial damage. When a stay of execution is ordered by the Court, the 
latter may require the moving party to furnish a s ecurity or guarantee as deemed 
necessary to safeguard the right of the party against which the motion is filed.  
3. No motion for reconsideration may be filed against the judgment that dismissed the 
motion or against the judgment on the merits of the case after being accepted by the 
moving party.  
  
Chapter 4 Cassation

Article (175 ) 
1. The litigants may challenge, by way of cassation, the judgments rendered by the Court of Appeal, in the event that the case value exceeds AED [500,000] five hundred thousand 
dirhams or if the case value is unknown in the following situations:   
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 a. If the contested judgment is based upon the violation, misapplication or misrepre-
sentation of the law;  
b. If the judgment is invalid or the where there is a pro cedural invalidity that affected 
the judgment;  
c. If the contested judgment is rendered in violation of the rules of jurisprudence;  
d. If the judgment adjudicated on the legal proceeding in contrast to another judgment 
rendered on the same merits between the same litigants and has acquired the res ju-
dicata effect; or  
e. If the judgment awards legal remedy not claimed by the litigants or in excess of the 
claims sought by them.  
2. The litigants may challenge, before the Court of Cassation, any final judgment –  
regardless of the issuing court thereof – where such judgment adjudicated on the legal 
proceeding in contrast to a former judgment wh ich was rendered between the same 
litigants and acquired the res judicata effect.  
3. Judgments rendered by the Court of Appeal on the Execution procedures shall not be 
challengeable by way of cassation.

Article (176 ) 
1. The Attorney General may challenge  by way of cassation, either sua sponte or based on a 
request of the Minister of Justice or the Head of the Local Judicial Body, as the case may 
be, accompanied by the grounds for challenge, the final judgments, regardless of the 
issuing courts thereof, in  the event that the judgment is based on the violation, 
misapplication or misapplication of the law in the following instances:   
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 a. The judgments which the law does not permit the litigants to challenge;  
b. The judgments in respect of which the litigants have missed the time limit for 
challenge, have waived the challenge, or have filed a challenge that is dismissed by 
the court as inadmissible.  
2. The Attorney General shall file the challenge based on a statement of challenge to be 
signed by him, within one year following the date on which the judgment is rendered. 
The Court shall hear the challenge in chambers without summoning the litigants, and 
such challenge shall be beneficial to all litigants involved.

Article (177 ) 
1. The filing of a challenge by way of cassation shall cause a stay of execution of the judg-
ment if the same establishes divorce or dissolution of marriage or is relating to the own-
ership of real property.  
2. Other than the instances referred to in Clause [1] of this Article, the Court may order 
temporary stay of execution of the judgment if the Petitioner requests the same under 
the statement of challenge, where the execution of the judgment would likely bring 
about an irremediable substantial damage. The chief justice of the competent Tribunal shall schedule a hearing for the challenge, and the Petitioner shall serve the Statement of 
Challenge upon the Respondent. If the Court decides to order a stay of execution of the 
judgment or is convinced that the challenge is based on any grounds other than those set out in Article [175] of this Code, it shall schedule a hearing for examining the chal-
lenge within sixty [60] days in chambers.  
3. The Court shall decide on the motion for stay of execution not later than fifteen [15] 
business days following its filing date.   
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 4. Where a stay of execution is ordered by the Court, the latter may either order that a bail 
be provided or that any necessary actions be taken to safeguard the rights of the Re-spondent.  
5. The order for  stay of execution of the judgment shall apply to the Execution measures 
initiated by the prevailing party based on the contested judgment as of the date of filing 
of the motion for stay of execution.  
6. If the challenge is dismissed, the Petitioner shall be liable to pay the legal costs.

Article (178 ) 
The time limit for filing a challenge by way of cassation shall be thirty [30] days.

Article (179 ) 
1. The challenge by way of cassation shall be filed based on a statement to be deposited 
with the Case Management Office of the court that rendered the judgment, the Federal 
Supreme Court or the Court of Cassation – as the case may be – and signed by a lawyer 
admitted before the said court. The Petitioner shall also provide a proof of payment of 
full fees in addition to the security deposit within three [3] business days following the 
date of the notice of assessment of the fees. The challenge shall be recorded in the 
relevant register after such a procedure is completed.  
2. The Petitioner shall file, at the time of submitting the statement of challenge, as many 
copies thereof as the number of Respondents, in addition to another copy for the Case 
Management Office.  
3. The Petitioner shall, before the challenge is set for adjudication, file the p ower of  
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 attorney of the lawyer authorized to handle the challenge on its behalf.  
4. The statement of challenge shall, in addition to the data relating to the names, capacities 
and address of the litigants, include details of the contested judgment and the date of its 
issuance and the date of its service -  if duly served –  the grounds on which the challenge 
is based, and the Petitioner's relief sought.  
5. If the challenge fails to satisfy the above -mentioned requirements, it shall be 
inadmissible and shall b e dismissed by the Court sua sponte.

Article (180 ) 
The Petitioner may not invoke, before the Court, any ground not included in the statement 
of challenge, unless such a ground is relating to the public order. In the latter case, such a 
ground may be invoked at any time and shall be relied upon by the Court sua sponte.

Article (181 ) 
1. A fixed fee of AED [2,000] two thousand dirhams shall be imposed on every challenge 
by way of cassation, while the ministries and government bodies and authorities and the 
like shall be exempt from such a fee. The chief justice of the court or his designee shall 
decide on the applications for postponement of or exemption from the fees. The filin g of 
the application shall interrupt the time limit prescribed for filing the challenge.  
2. The pe titioner for cassation shall deposit with the court treasury, upon payment of the 
prescribed fee for the challenge, the amount of AED [3,000] three thousand dirhams as a 
security deposit, which is refundable only if the challenge is admitted. If several pe tition-
ers file their challenge based on a single statement, only one security deposit shall be provided. Any party exempt from the legal costs shall also be exempt from the security 
deposit.   
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 3. A fixed fee of AED [1,000] one thousand dirhams shall be impos ed on every motion filed 
by the Petitioner for stay of execution of the contested judgment, and the entities re-
ferred to in Clause [1] of this Article shall be exempt from such a fee.

Article (182 ) 
1. The Case Management Office of the Court of Cassation shall serve the statement of 
challenge upon the Respondent within ten [10] business days following the filing day of the challenge. In addition, the Case Management Office shall request joinder of the file 
of the case whose judgment is challenged, within t hree [3] business days following the 
filing date of the statement.  
2. The Case Management Office of the court that rendered that the judgment shall send the 
case file within ten [10] business days following the date of receiving the request for the 
file. 
3. The Case Management Office of the court that rendered that the judgment shall send the 
challenge together with the case file within ten [10] business days following the date of 
receiving the challenge.  
4. The Court may decide that the official copy of th e judgment furnished by the Petitioner 
be legally sufficient in lieu of requesting the case file.  
5. The Respondent may file a statement of defense within fifteen [15] days following the 
date of being served.  
6. The Court may permit the litigants to furnis h new evidence to support their defense, and 
may take any necessary action that would help it decide on the challenge.

Article (183 )  
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 1. The Respondent may implead into the challenge any party involved in the legal pro-
ceeding in respect of which the contested judgment is rendered and against whom the 
challenge is not filed. Such impleader shall take effect by serving the challenge upon 
such  a party within the time limit set forth in Article [182.3] of this Code.  
2. Any party impleaded into the challenge may file with the Case Management Office of 
the Court a statement of defense within fifteen [15] days of the date of service, and the petiti oner may respond to such a statement within the time limits defined in Article 
[182] of this Code.

Article (184 ) 
Every party, which is involved in the legal proceeding in respect of which the contested 
judgment is rendered and has not been served with th e challenge, may intervene in the 
challenge to petition for dismissal of the challenge. Such intervention shall take effect by filing a statement of defense with the Case Management Office within fifteen [15] days of 
the date of being aware of the challeng e.

Article (185 ) 
1. The Judge Rapporteur shall draw up a summary report on the challenge grounds and the 
response thereto, and the Case Management  Office shall, once the report is filed, present 
the case file to the Chief Justice in order for the latter to schedule a hearing for examining the challenge in chambers. If the Court decides that the challenge is inadmissible on 
prescription grounds, due to invalidity of its procedures or for being based on grounds 
other than those set out in Article [175] of this Code, or due to the fact that the legal 
issue raised by the challenge has already be decided on by the Court under a legal  
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 principle and there is no justification to revoke such a decision, the Court shall order that 
the challenge be inadmissible under a decision to be recorded in the hearing transcript, with a brief reference to the grounds for such decision.  
2. If the Court is convinced that the  challenge is worthy of consideration, it shall schedule a 
hearing to examine the challenge. At such hearing, the summary report shall be read out 
and the court shall adjudicate on the challenge after deliberations and without 
pleadings.  
3. If the court is  convinced that the oral arguments are necessary, it may hear the 
statements of the lawyers on behalf of the litigants or the litigants themselves.

Article (186 ) 
If the Court admits the challenge and the subject thereof is worthy of adjudication, or if t he 
challenge is filed for the second time, the court shall decide on the challenge, and may 
satisfy the necessary procedures. Other than those cases, the Court of Cassation shall 
overturn the judgment, in whole or in part, and shall then remand the case to  the Court that 
rendered the contested judgment, unless the Court of Cassation decides either that the case be heard by a tribunal comprising other judges or that the case be remanded to the 
competent court for a new judgment to be rendered. The court, to which the case is 
remanded, shall abide by the court of cassation's judgment on the matters decided by the latter.

Article (187 ) 
1. Overturning the judgment shall invalidate all judgments that relied upon the contested 
judgment regardless of the courts t hat rendered such judgments.   
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 2. If the judgment is overturned in respect of only a part thereof, the remaining parts there-
of shall continue to be effective, unless such parts are resulting from the part overturned.

Article (188 ) 
Where the Court decides that the challenge be inadmissible, impermissible, or dismissed in 
whole or in part, it shall order the petitioner to pay the reasonable costs, in addition to 
confiscation of the security deposit, in whole or in part, as the case may be.

Article (189 ) 
The court of cassation's judgments shall not be challenged by any of the means of challenge, 
except for the judgments rendered on the origin of the dispute, which may be challenged by 
way of motions for reconsideration in the situatio ns defined in Articles [171.1], [171.2] and 
[171.3] of this Code.

Article (190 ) 
1. Without prejudice to Article [185.1], and notwithstanding the provision of Article [189] of this Code, the Court may revoke either the decision made thereby in chambers or its 
final judgment, either sua sponte or upon motion of the party against which the 
judgment or decision is rendered, in any of the following situations:  
a. If the decision or judgment is based on a procedural error committed by the Court or 
its assisting organs, and the same has affected the result reached by the judgment or 
decision of the Court;  
b. If the decision or judgment is based on a repealed law, where the application of the  
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 correct law would change the course of opinion on the case; or  
c. If the decision or judgment is rendered in violation of any of the judicial principles 
adopted by the Tribunal or all tribunal of the Court, as the case may be, and without 
presentation of the judgment or decision to such tribunals, or where the decision or 
judgm ent is issued in violation of the principles established by the Court or issued by 
the authority in charge of standardizing the principles between the federal and local 
judicial authorities.  
2. The motion for revocation shall be submitted by the party against which the underlying 
judgment or decision is issued to the Case Management Office of the Federal Supreme 
Court or the Court of Cassation, as the case may be, and shall be signed by a lawyer 
admitted before the said court and accompanied by a security d eposit of AED [20,000] 
twenty thousand dirhams. If the revocation is decided by the court that rendered the 
judgment or decision, the chief justice of the court shall refer the underlying judgment or 
decision, accompanied by a report by the technical offic e, to the tribunal referred to in 
Clause [3] of this Article.  
3. The motion for revocation or referral decision described in Clause [2] of this Article shall 
be heard by a tribunal composed of five [5] of the court, not including the judges 
involved in the  rendering of the underlying judgment or decision. Such tribunal shall 
issue - in chambers –  a reasoned decision based on the majority of four [4] judges on the 
motion for revocation, and the security deposit shall be confiscated when the motion is 
dismiss ed. If the motion is admitted, it shall be assigned to another tribunal in order for 
the latter to hear and decide on the challenge ab initio, while the security deposit shall be 
refunded to the moving party.   
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 4. Under all circumstances, the referral or filing of the motion for revocation shall take 
place only once, and no referral or motion shall be permitted after the lapse of one year following the date on which the decision is issued in chambers or in respect of the final 
judgment.

Article (191 ) 
1. The challenge by way of cassation shall be subject to the rules and procedures that are 
applicable to the appeal before the court of appeal, insofar as the same does not go 
against the provisions of this Chapter.  
2. Judgments rendered by federal courts shall be challenged by way of cassation before the Federal Supreme Court in such instances and according to the procedures and rules 
described in this Chapter, unless otherwise explicitly stipulated in the Federal Supreme 
Court Law.  
 
TITLE 2: MISCELLANEOUS PR OCEDURES AND LAWSUITS  
Part 1 Offer and Deposit

Article (192 ) 
If the Debtor wishes to pay off their debt, they may make a real offer to the Creditor of the money, documents, or movables that the Debtor is required to pay off in the Creditor's domicile.  
Such offer is made by an application submitted to the Case Management Office or to the 
President of the Court of First Instance, as the case may be, and it shall be served on the  
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 Creditor by the person making the notification. A report shall be prepared of s uch offer 
containing a statement of the offered item, the conditions of the offer, and whether the offer 
shall be accepted or rejected. The said offer may be made in the session before the Court 
without procedures if the person to whom the offer is made is  present.

Article (193 ) 
The Debtor may, along with the offer, request the approval of the Creditor to release the 
Debtor's assets from the in -kind guarantee or from any other disposal- restricting 
restrictions.

Article (194 ) 
To be deemed valid, the offer shall meet the following requirements:  
1. It shall be addressed to a person who is qualified to receive it, or to their representative.  
2. It shall be made by a person who is eligible to perform the fulfillment.  
3. It shall in clude the amounts and assets due, relevant expenses and expenses.  
4. The condition related to the commitment is satisfied.  
5. The Debtor submits their offer to the Creditor themselves or at the Creditor's residence.

Article (195 ) 
1. If the offer is money or other items that can be moved or lodged in the Court's Treasury  
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 and the person, to whom the offer was submitted, has rejected it, the President of the 
Court of First Instance or the session's president, as the case may be, shall give orders to lodge them forthwith in such case.  
2. If the offer is rejected and the offered item cannot be deposited in the Court's Treasury, 
the session president or the president of the Court of First Instance, based on the request 
of the person making t he notification, as the case may be, shall order to deposit it in the 
place they specify, if the said item can be moved without difficulty. However, if the said item is intended to remain where it is, or it is not easy to be moved except with difficulty, 
they shall order it to be placed under receivership.  
3. If the offered item is rapidly perishable or costs exorbitant expenses to be deposited or guarded, the Debtor or the person making the notification may request the President of the Court of First Instance to order it to be sold by public auction, and the price shall be 
deposited in the Court's Treasury. However, if its market value is known, or if it is usually 
dealt with within the normal transactions, it may be not sold by public auction unless it 
is not possible to sell it at the known price.  
4. The offerer may request the Court to ascertain the validity of the offer by a decision.

Article (196 ) 
Validity of the offer co uld not be ascertained by a Court decision unless the offered property 
and any relevant expenses accrued up to the date of depositing are deposited, and the Court 
may, along with its ruling regarding the validity of the offer, discharge the Debtor as of th e 
date on which the offer was made.

Article (197 )  
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 The Debtor may retract an offer the Creditor has not accepted and may be refunded all the 
deposits the Debtor made after the lapse of (10) ten days from the date on which the Creditor is notified of the o ffer and the deposit.

Article (198 ) 
Retraction of the offer is not permissible nor returning back the offered property after the Creditor has accepted the same or after the validity of the offer is assured by the court and 
such assurance decision becomes  final.

Article (199 ) 
The Creditor may accept an offer they have refused earlier, and may receive the deposits 
made for this purpose unless the Debtor has already retracted the offer.  
 
Part 2 Suing Judges and Members of the Public Prosecution

Article (200 ) 
The Judges of the Courts of First Instance and the Courts of Appeal and the Members of the Public Prosecution may be sued in the following circumstances:  
1. If a fraud, a deceit or a flagrant professional mistake has been committed by the Judge concer ned or Member of the Public Prosecution.  
2. In the other circumstances in which the law provides for the liability of the Judge concerned and for their obligation to pay damages.  
   
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Article (201 ) 
1. The lawsuit shall be  filed by means of a report submitted to the Case Management Office 
of the Court of Appeal to which the Judge or Member of the Public Prosecution is 
affiliated, signed by the claimant or whomever they authorize. The report shall include a 
statement of the aspects of the dispute and their evidence. It shall be accompanied with 
the supporting documents, and an amount of (1,000) one thousand dirhams shall be 
deposited as a security deposit.  
2. The lawsuit shall be submitted for admittance to one of the circuit s of the Court of 
Appeal, by an order of its president, after a copy of the report has been notified to the 
Judge or Member of the Public Prosecution.  
3. The lawsuit shall be heard in the Deliberation Chamber in the first hearing to be held after lapse of eight days following the notification. The Case Management Office shall 
notify the claimant and the defendant of the session to be held in this regard. If the defendant Judge is a Judge in the Court of Appeal, or if the defendant Member of Public 
Prosecuti on is the Attorney General or at least a Public Attorney, then one of the 
cassation circuits in the Deliberation Chamber shall decide on the admittance of the 
case. If the case is admitted, then the cassation circuit shall refer the case to a special 
circu it consisting of (5) of the Judges of the latter in accordance with the order of their 
seniority.

Article (202 ) 
The court shall promptly decide whether the aspects of the dispute relate to the case and whether to admit it or reject it, after hearing the claimant or their representative and the  
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 defendant Judge or defendant Member of the Public Prosecution, as the case may be, in 
person or through an attorney from the judiciary, and after hearing the statements of the Public Prosecution if it has intervened  in the case.

Article (203 ) 
1. If the case is admitted, the ruling shall schedule a session to consider the subject of the 
case in a public session, and it shall pass a judgment thereon after hearing the claimant, the defendant, and the statements of the  Public Prosecution if it has intervened in the 
case.  
2. The defendant Judge is deemed incompetent to hear the case from the date on which of 
the ruling admitting the case is handed down.

Article (204 ) 
1. If the case is not admitted in form or it  is dismissed in merits, the claimant's security 
deposit shall be confiscated, and, if applicable, they shall be required to pay indemnities.  
2. If the claimant wins the case, the defendant Judge or the defendant Member of the 
Public Prosecution shall be r equired to bear the indemnities and expenses, and their 
disputed disposal shall be nullified. The State shall be responsible for the indemnities the defendant Judge or the defendant Member of the Public Prosecution is required to pay. 
Meanwhile, the State shall have the have the right of recourse against them. It shall be 
permissible to execute the court decision issued in the dispute action against the State.  
3. However, the invalidity of the judgment issued in favour of a litigant other than the 
claimant in the lawsuit may not be ruled except after he is notified to give his statement. 
In this case, the Court may issue a new judgment on the original lawsuit if it deems it  
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 valid for consideration, after hearing the statements of the litigants.

Article (205) 
The judgment issued on the lawsuit may not be appealed except by way of cassation.  
  
TITLE 3: EXECUTION  - Part 1 GENERAL PROVISIONS  
Chapter 1 Execution Judge

Article (206 ) 
1. Execution shall take place under the supervision of the Execution Judge at the seat of 
each Court of First Instance, administration, or Court of execution -  as the case may be -  
in every judicial authority, and they shall be assisted therein by a sufficien t number of 
Execution Bailiffs and Execution Officers, or private companies and offices for which a decision is issued by the Minister of Justice or the head of the local judicial authority. 
They may, after observing the relevant financial legislation, det ermine the fees due for 
the execution works entrusted to private companies and offices.  
2. The procedures to be observed before the Court of First Instance shall be observed 
before the Execution Judge, unless the law provides otherwise.

Article (207 ) 
1. The Execution Judge shall have exclusive jurisdiction over the execution of Execution 
Writs and in determining all interim execution disputes on an expedited basis, and they 
shall also have jurisdiction to pass judgments, decisions and orders relating ther eto.   
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 2. Jurisdiction over execution shall be vested in the Execution Judge of the Court which is-
sued the Execution Writ in the State.  
3. If the execution relates to a procedure occurring within the jurisdiction of another Court, 
they may proceed with the e xecution directly in this Circuit, and they may delegate the 
competent Execution Judge in whose area the procedure is to take place to carry out the 
procedure.  
4. The delegation is done (electronically or on paper) and all the requirements required for 
execution shall be sent.  
5. In the case of multiple execution files between the same parties and they are being ex-amined before Execution Judges in different Court Circuits they may be combined to be 
heard before the Execution Judge before whom the first exec ution file was registered. If 
there have been several attachments through Execution Judges in the areas of different 
Courts, the Execution Judge who imposed the first attachment shall be the Judge com-
petent to distribute the proceeds of the sales between t he Creditors.  
6. If the procedure required to be taken is the making of an order of detention, in accord-
ance with the provisions governing the detention of a Debtor as set out in law, and the 
domicile of the Debtor is in the juris diction of a Court other than the Court before which 
the Execution Writ is being executed, the competent Execution Judge shall proceed with the detention procedures and they may refer the matter to the Execution Judge in whose area the procedure is require d to be taken in order to conduct an investigation and to is-
sue and execute the appropriate order.

Article (208 ) 
1. Delegation shall be made by the competent Execution Judge to the Execution Judge for 
the area where the procedure is required to be taken,  and it shall have attached to it all of  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  109 
 the legal papers required for the execution thereof.  
2. The Execution Judge to whom the delegation is made shall take the decisions necessary 
to execute the delegation, and shall rule on procedural objections relating to the 
execution raised before them. Complaints or appeals against their decisions shall be 
made before the competent Court -  as the case may be -  in accordance with the 
procedures and periods stipulated in Article [209] of this Code.  
3. The Execution Judge who has carried out the execution of the delegation shall inform the 
Execution Judge of what has happened, and shall transfer to them any items received by 
them or other property as a result of the sale of the items attached.  
4. If the Execution Judge to whom the matter has been deputed or referred finds that there 
are legal reasons precluding the execution or if it is impossible for them to execute for any other reason, they shall inform the competent Execution Judge thereof.

Article (209 ) 
1. Decisi ons of the Execution Judge shall be appealable in the following circumstances:  
a. The ranking of priorities between judgment Creditors; or their inclusion in or 
exclusion from the distribution list;  
b. Postponement of execution judgment for any reason;  
c. Allowing the Debtor time to pay or allowing payment by installments of the amount 
executed for.  
d. Whether the bail is accepted or not;  
e. Travel ban or refusal to order it.   
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 f. Arrest and habeas corpus order or refusal to order it.  
The grievance shall be m ade before the President of the Court or their authorized 
representative other than the Judge who issued the decision within (7) seven working 
days from the day following the date of issuing the decision if the procedure was issued 
in the presence of the p erson concerned, and from the date of being served the decision 
if the procedure was issued in the absence of the person concerned. This shall be done 
by filing an application that shall be kept in the same execution file. The Judge before 
whom the procedu re is contested may annul or amend the contested decision as they 
deem appropriate without the need to summon the litigants, unless they deem it necessary. The decision issued on the grievance shall be final and not subject to appeal.  
2. The decision of th e Execution Judge may be appealed directly before the competent 
Court of Appeal within (10) ten working days from the date of issuing the decision if it 
was issued in the presence of the opposing party, and from the day of its service upon him or the day he became aware of it if it was issued inabsentia in any of the following 
cases:  
a. Whether the Execution Judge is competent or incompetent to execute the Execution 
Writ.  
b. Whether the assets to be attached may or may not be attached or sold;  
c. The partic ipation of persons other than the parties in the attachment;  
d. Whether the Debtor is imprisoned or their imprisonment is refused, provided that in the latter case the appellant presents a guarantor who is responsible for bringing the 
person against whom the execution was made or fulfills the amount adjudged. In the event that they are unable to bring them, and the guarantor fails to bring their  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  111 
 guaranteed person, the Court shall oblige them to pay the value of the bail which will 
be collected from them in the manner in which judgments are executed.  
e. The decision issu ed regarding the determination of the amount in question and 
whether the execution is to be continued or not.  
3. The competent Court of Appeal may consider the appeal held in the Deliberation 
Chamber, and it may, in the cases referred to in Clause (2) of t his Article, order the tem-
porary suspension of the procedure under appeal until the dispute is decided, unless it, 
by its nature, affects its full implementation, it may order in this case the execution is 
suspended in its entirety.

Article (210 ) 
The President of the Federal Judicial Council and the heads of the local judicial authorities, 
each according to their competence, shall issue regulatory decisions regarding the 
registration of execution applications and the establishment of its files.

Article (211 ) 
1. With the exception of real property ownership claims, the Execution Judge is exclusively 
competent to execute the Execution Writ and to decide on all substantive and temporary 
execution disputes in an urgent manner. They are also competent to issue judgments, 
decisions and orders related thereto.  
2. Jurisdiction over execution shall be vested in the Execution Judge in the jurisdiction of 
the Cou rt in which the judgment, decision or order was made or in the jurisdiction of 
which the Execution Writ has been notarized or certified, or in the jurisdiction of the Court in which the judgment Debtor or their assets are located.   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  112 
 3. If the execution relat es to a procedure occurring within the jurisdiction of another Court, 
they may conduct the execution in such Circuit. They also may delegate the competent 
Execution Judge in whose jurisdiction the procedure is to take place to carry out the 
procedure.  
4. The delegation is done (electronic or paper) and all the requirements required for 
execution shall be sent.  
5. In the case of multiple execution files between the same parties and they are being 
examined before Execution Judges in different Court Circuits t hey may be combined to 
be heard before the Execution Judge before whom the first execution file was registered. If there have been several attachments through Execution Judges in the jurisdictions of 
different Courts, the Execution Judge who imposed the first attachment shall be the Judge competent to distribute the proceeds of the sales between the Creditors.  
6. If the procedure required to be taken is the making of an order of detention, in 
accordance with the provisions governing the detention of a Debto r as set out in law, 
and the domicile of the Debtor is in the jurisdiction of a Court other than the Court 
before which the Execution Writ is being executed, the competent Execution Judge shall 
conduct the detention procedures or refer the matter to the Ex ecution Judge in whose 
jurisdiction the procedure is required to taken in order to conduct an investigation and 
to issue and execute the appropriate order.  
  
Chapter 2 Execution Writs

Article (212 ) 
1. Compulsory execution may not be performed save by an Ex ecution Writ giving effect to  
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 a right having established existence and of ascertained amount and forthwith due.  
2.  Execution Writs are as follows:  
a. Judgments and orders, including penal provisions, including restitution, 
compensation, fines, and other civil rights.  
b. Documents notarized in accordance with the law regulating notarization and 
certification;  
c. Memoranda of Composition certified by Cour ts; d. Other papers on which the law 
confers such status.  
3. No execution may be effected save in the cases excepted by a provision of the law otherwise than under a copy of the Execution Writ bearing the following endorsement 
for execution: 'The competent  authorities and bodies shall proceed to execute this writ 
and to carry out the requirements thereof, and they shall give assistance in the execution 
thereof even by force if so requested'.  
4. In the event that the execution applicant does not submit a req uest to take action on the 
file for a period exceeding one year after the last procedure, the Execution Judge may 
order the temporary closure of the file.  
5. Execution Writs may not be enforced if they have been left for a period of (15) fifteen years sinc e the date of the last execution operation or if they have been left without 
execution for such period since the date of issue thereof.

Article (213 ) 
The Court may in expedited matters or in cases in which delay would be detrimental make  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  114 
 an order, upon t he application of the person concerned, to enforce the judgment without 
service and without endorsement of the execution wording thereon.  
 
Chapter 3 Expedited Enforcement

Article (214 ) 
1. It shall not be permissible to execute a judgment compulsorily so long as it remains open 
to bring an appeal against it unless expedited effect is provided therefor in the law, or by 
the judgment.  
2. Pursuant to preliminary provisions that may be challenged by appeal or that are not 
subject to expedited enforcement, precautionary measures may be taken in their regard.

Article (215 ) 
1. There shall be expedited enforcement by operation of law in the following case s: 
a. Judgments passed in expedited matters, whichever Court has passed them;  
b. Judgments issued in personal status cases regarding maintenance, wages and related 
expenses and their increase or decrease.  
c. Judgments issued to hand over a child, see them,  visit them, or escort them.  
d. Orders made on petitions.  
2. Expedited enforcement shall take place without a surety unless the judgment or order 
provides that a surety should be provided.

Article (216 )  
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 The Court may, upon the application of the person concerned, endorse its judgment for 
expedited enforcement with or without a surety in the following cases:  
1. Judgments passed in commercial matters;  
2. If the judgment Debtor has admitted that the obligation has arisen, notwithstanding that 
they may dispute the scope of it or allege that it has expired;  
3. If the judgment has been passed by way of enforcement of an earlier judgment that had 
attained the s tatus of res judicata or that itself was endorsed for expedited enforcement 
without a surety or if it is based on an official document that has not been challenged for 
falsification or a customary document that has not been refuted if the judgment Debtor 
was a party to the earlier judgment or a party to the document;  
4. If the judgment is passed in favour of the applicant for execution in a dispute connected therewith;  
5. If the judgment is passed for payment of wages or salaries or remuneration arising out  of 
an employment relationship;  
6. If the judgment is passed in an action for possession or vacation of leased property in 
respect of which the contract has expired or has been cancelled, or for the eviction of a person occupying property who has no legal ground to do so if the right of the claimant 
is not refuted or if it is proved by an official document;  
7. In any other case, where a delay in execution would cause grave detriment to the inter-
ests of the judgment Creditor, provided that such fact is sufficiently stated in the judg-ment.

Article (217 ) 
1. Expedited enforcement by operation of law or by judgment of the Court shall extend al-so to matters ancillary to the original application and to the costs of the action.   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  116 
 2. It shall not be permissible to ag ree, prior to the passing of a judgment, that it be endorsed 
for expedited enforcement save in the circumstances specified for that purpose.

Article (218 ) 
In cases in which it is not permissible to enforce a judgment or order save by a surety, the 
person  obliged to provide it may elect between providing a solvent guarantor or depositing 
with the Court's Treasury sufficient cash or financial papers, or agreeing to the deposit of the 
proceeds of the execution with the Court's Treasury or the handover of the  thing ordered to 
be handed over in the judgment or order to a trustworthy custodian.

Article (219 ) 
1. The person obligated to provide a surety shall declare their election either by the Execu-
tion Bailiff by an separate document, or by including it in the service of the Execution 
Writ.  
2. In all cases, the election shall name an elected domicile in the State for the applicant for 
execution if they do no t have a domicile or place of work therein, for them to be served 
with papers relating to a dispute in the suretyship.  
3. Any person concerned may, within (3) three days from declaring the election, raise a grievance before the Execution Judge disputing th e guarantor's solvency or the trust-
worthiness of the custodian or the sufficiency of the property deposited, and a judgment 
passed regarding the grievance shall be final.  
4. If no grievance is brought within that time limit or if it is brought and rejected , the Execu-
tion Judge shall take an undertaking from the surety as to their guarantee or from the 
custodian accepting the custodianship. The record shall include the undertaking of the  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  117 
 surety or the custodian in the form of an Execution Writ accepting the obligations arising 
out of the undertaking of the surety or the acceptance by the custodian.

Article (220 ) 
1. A grievance may be brought before the Court of Appeal against the description of the 
judgment by the usual procedures for bringing appeals. The Court of Appeal shall con-
sider it while convening in a Deliberation Chamber.  
2. It shall be permissible to raise the grievance referred to in Clause (1) of this Article at the 
hearing, even after the expiration of the time limits for appealing, during the hearing of 
the appeal brought against the judgment.  
3. A judgment shall be passed on the grievance independently of the merits.

Article (221 ) 
1. It shall be permissible in all cases for the Court before which the appeal or grievance is brought to make an  order upon the application of the person concerned staying the ex-
ecution if it is feared that substantial harm will arise from the execution.  
2. The Court may, when ordering a stay of execution, order that a surety be provided or 
make such order as it dee ms to ensure the preservation of the right for which judgment 
was passed.  
  
Chapter 4 Execution of Foreign Judgments, Orders and Instruments

Article (222 ) 
1. An order may be made for the enforcement in the State of judgments and orders made in 
a foreign country on the same conditions laid down in the law of that country for the  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  118 
 execution of judgments and orders issued in the State.  
2. An order for execut ion shall be applied for by means of a petition submitted by the 
concerned party including the data specified in Article [44] of this Code to the Execution 
Judge. The Judge shall issue their order within (5) five working days from the date of its 
submissio n, and the order shall be subject to appeal by direct appeal in accordance with 
the rules and procedures prescribed for appealing judgments. An execution order may 
not be made until after the following matters have been verified:  
a. The Courts of the State  have no jurisdiction to try the dispute in which the order or 
judgment was made, and that the foreign Courts which issued it have jurisdiction 
thereover in accordance with the rules governing international judicial jurisdiction 
laid down in their law;  
b. The judgment or order was issued by a Court having jurisdiction in accordance with 
the law of the country in which it was issued and duly endorsed;  
c. The parties to the action in which the foreign judgment was issued were summoned to attend, and were duly  represented;  
d. The judgment or order has acquired the force of res judicata in accordance with the law of the Court that issued it, provided that the applicant submits a certificate that 
the judgment has acquired the force of a final order or the same was stipulated in the 
judgment itself;  
e. It does not conflict with a judgment or order already made by a Court in the State, and contains nothing that conflicts with morals or public order in the State.  
3. The Execution Judge shall have the right to collect  the documents supporting the request  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  119 
 before issuing their decision.

Article (223 ) 
The provisions of Article [222] of this Code shall apply to the awards of arbitrators made in a 
foreign country; the award of the arbitrators must have been made on an issue which is 
arbitrable under the law of the State, and enforceable in the country in which it was issued.

Article (224 ) 
1. An order may be made for the enforcement in the State of notarized documents and 
Memoranda of Composition certified by the Courts of a foreign country on the same conditions laid down in the laws of that country for the enforcement of similar instru-
ments issued in the State.  
2. An application for an enforcement order in Clause (1) of this Article shall be requested 
by means of a petition submitted to the Execution Judge with the same procedures and 
conditions stipulated in Clause (2) of Article [222] of this Code. No order for en force-
ment may be made until after it has been ascertained that the conditions for the en-
forceability of the document or memorandum have been satisfied in accordance with 
the law of the country in which it was notarized or certified, and that it contains no thing 
contrary to morals or public order in the State.

Article (225 ) 
The rules laid down in the Articles of this Chapter shall apply without prejudice to the 
provisions of conventions and agreements between the State and other countries regarding 
the execution of foreign judgments, orders and instruments.  
  
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 Chapter 5 Executing Execution Writs and Decisions Related to Personal 
Status Matters

Article (226 ) 
As an exception to the provisions of Article [207] of this Code, personal status provisions 
and decisions are executed under the supervision of a competent Judge who is delegated to 
the headquarters of each Court. They shall be assisted in this by a suffic ient number of those 
in charge of execution and social workers. The execution provisions and procedures 
stipulated in this Code shall apply to matters not covered by the Articles of this Chapter.

Article (227 ) 
The Personal Status Execution Judge is solely responsible for executing Execution Writs and decisions related to personal status provisions, adjudicating all disputes and procedural 
objections of execution and issuing travel ban orders, provided that the customs, traditions, 
and norms prevailing in the State are taken into account when executing.

Article (228 ) 
The personal status Execution Judge, when necessary, may seek the assistance of whomever they deem to be experienced and specialized in personal status matters.

Article (229 ) 
The personal s tatus Execution Judge may offer reconciliation to the execution parties. The 
personal status Execution Judge may also certify the Memoranda of Composition that take place between the parties regarding the method of executing the Execution Writ, even if that  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  121 
 reconciliation contradicts the Execution Writ or the decision executed according to it, 
provided that it does not prejudice the interest of the fostered children.

Article (230 ) 
Execution sessions in matters of personal statu s are not public, and execution decisions are 
issued without the need to hold a session for that, unless the personal status Execution Judge decides otherwise.

Article (231 ) 
Execution of Execution Writs and decisions related to personal status matters takes place 
after (7) seven days from the date of serving the Writ.

Article (232 ) 
1. Judgments issued by the personal status Execution Judge in substantive execution dis-
putes are subject to appeal within ( 15) fifteen days from the date of their issuance.  
2. If the execution applicant or the person against whom the execution was made has other 
execution files related to personal status issues between them which they have execu-
tion in the departments of other  Courts, they may be joined for consideration before the 
Execution Judge before whom the first execution file was registered, unless the two par-
ties agree otherwise.  
 
Chapter 6 Execution Procedures

Article (233 )  
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 1. The execution  applicant shall indicate the procedures required to be taken in the Execu-
tion Claim Statement when registering the same electronically or on paper.  
2. Execution shall be preceded by the service of the Execution Writ in accordance with the 
procedures for s ervice laid down in this Code.  
3. The service document shall contain the particulars of the requests and shall require the 
Debtor to satisfy them within (7) seven days from the date of service on them and shall nominate an elected domicile of the applicant  for execution within the jurisdiction of the 
Court where the execution is being carried out if their original domicile or place of busi-
ness or their elected domicile is not in such place.  
4. If the Execution Writ has been issued on t he basis of a contract to open a credit, service 
thereof shall be accompanied by an abstract of the account of the Debtor based on the 
commercial books of the Creditor.  
5. In the event of execution of the vacation of real property or of the handover of mov able 
or real property, the service of the Execution Writ shall sufficiently identify such proper-ty. 
6. If the Execution Writ specifies a date for vacation or handover, the served process shall include such date.

Article (234 ) 
1. As an exception to the pr ovisions of Article [233] of this Code, and without prejudice to 
the rules of Prejudgment attachment of movable and immovable property and the gar-
nishment and what is stipulated in any other legislation, the Execution Judge may order the Prejudgment attach ment of the Debtor's assets in accordance with the rules and 
procedures established in this Code before serving the Executive Writ upon the Debtor if they find an indication that the Debtor seeks to smuggle their assets, based on their  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  123 
 credit information r eport, or on what can be deduced from actual events, or the Credi-
tor's loss of the general guarantee.  
2. The Execution Judge may order an enquiry about the Debtor's assets before serving 
them with the Execution Writ.  
3. The Execution Judge may prevent the person against whom the execution was made 
from travelling before they are served the Execution Writ if the Execution Judge finds 
evidence that the Debtor is seeking to leave the State.

Article (235 ) 
1. Upon service of the Execution Writ or at any stage during the procedures, if the Debtor 
tenders to the Execution Bailiff a settlement by paying off their debts using all or part of the price of the asset in question or handing the asset itself over, then the Execution Bail-
iff shall note that fact in the re cord and shall instruct the Debtor to deposit the sum of-
fered with the Court's Treasury in favour of the applicant for execution. Such deposit or 
handover shall take place on the same day or no later than the following day.  
2. If the amount offered is part  of the debt, the Execution Bailiff shall proceed to execute for 
the balance.

Article (236 ) 
The Execution Bailiff shall not break doors or make openings by force in order to carry out 
the execution save by the leave of the Execution Judge, and that shall be done in the 
presence of a policeman, whose presence shall be indicated in the record of execution, 
failing which the execution shall be void.