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The Judicial Procedures System in Saudi Arabia:

شركة محاماة واستشارات قانونية

The Saudi Arabian Judicial Procedures System is one of the important and necessary steps in the Kingdom’s efforts to increase justice and equality within society and among its members. It also aims to implement Saudi Vision 2030. This is a new system for judicial procedures, announced in the year 1454 AH. It is expected that this system will gain significant attention within the Kingdom in the coming period.

The Judicial Procedures System in Saudi Arabia:

It is a legal system whose primary goal is to facilitate judicial procedures and promote justice and equality among all members of Saudi society. The system consists of a set of rules and procedures aimed at resolving legal disputes and conflicts in a fair and straightforward manner.

The system includes procedures and conditions for filing a lawsuit, providing evidence, issuing judgments, enforcing those judgments, appealing decisions, and filing urgent cases where waiting is not possible. Additionally, it covers courtroom procedures and hearings. It also outlines conditions and procedures for achieving amicable settlements.

The system is characterized by adherence to integrity, professional standards, and confidentiality. It also supports lawyers in carrying out their duties, such as securing the rights of both plaintiffs and defendants.

Moreover, the system clearly defines the rights of both plaintiffs and defendants. Plaintiffs receive their legitimate rights, such as the right to file lawsuits, present evidence, request injunctions, and other rights that help them defend their claims and prevent injustice.

Defendants’ rights, as outlined by the system, include the ability to defend themselves, present arguments and evidence to prove their innocence, request a stay of execution, and pursue an amicable resolution when possible.

Conditions for Filing a Lawsuit under Saudi Arabia’s Judicial Procedures System:

Filing a lawsuit under the new judicial procedures system in Saudi Arabia is done by the plaintiff, who must meet certain conditions for the case to be accepted. If these conditions are not met, the case may be dismissed. The conditions are:

  1. Strong and sufficient evidence must be provided to support the plaintiff’s claims.
  2. Procedures must be followed and respected.
  3. The reasons for filing the lawsuit must be clearly stated, focusing on the plaintiff’s demands.
  4. The lawsuit must be filed in the appropriate venue, such as family or personal status courts for divorce cases.
  5. There must be an attempt to resolve the dispute amicably before filing the lawsuit.

If the lawsuit is accepted, the plaintiff receives a court summons, after which a hearing date is set. The plaintiff must pay the necessary fees and submit the required documents to support the case.

Judgment and Execution in the Saudi Judicial Procedures System:

The new judicial procedures system includes several rules that must not be ignored during court hearings to ensure the trial proceeds correctly and legally. Afterward, a final judgment is issued, which must be executed transparently and clearly. The system also allows both parties to appeal in certain cases before the Supreme Court.

The final judgment is not the last step in the dispute, as there are subsequent steps, such as filing an execution request, registering it in court records, requesting asset seizures or releases if necessary, and other steps outlined by legal regulations.

The legal systems and regulations have established clear procedures and requirements for enforcing judgments, ensuring the strength and integrity of the judicial system. This adherence guarantees justice and equality among citizens and helps build public confidence in the judicial system.

Court Hearings and Appeals in Saudi Arabia’s Judicial Procedures System:

First, Court Hearings:

One of the most important aspects of the new judicial procedures system in Saudi Arabia is public court hearings, where both parties present evidence and witnesses. The court verifies the validity of the evidence before applying Sharia law to issue the judgment.

These hearings are subject to strict supervision to expedite the resolution of cases while safeguarding the rights of all parties. The new system also aims to increase the number of hearings while reducing the time required to issue a judgment.

Second, Appeals:

Under the new system, the losing party in a case has the right to appeal the issued judgment. However, there are specific procedures for doing so, as outlined by the rules and regulations governing appeals.

The system also allows for urgent cases to be heard quickly by the appropriate appellate court. Appeals are considered after studying the objections raised by each party. In some cases, an amicable resolution may be recommended, provided both parties agree.

Conditions for Amicable Resolution under the Saudi Judicial Procedures System:

Amicable resolution is one of the core principles of the system, as it ensures swift and cost-effective dispute resolution. The system establishes procedures for amicable settlements, including:

  1. Sending a formal invitation to the other party for amicable resolution.
  2. Appointing a settlement manager responsible for fairly and impartially resolving the dispute.
  3. Signing a settlement agreement if both parties reach a suitable solution.
  4. The parties can enforce the settlement in court or return to it if a new dispute arises in the future.

Conclusion:

Lawyers play a crucial role in the Saudi judicial procedures system. They defend the rights of individuals in matters related to Islamic law, provide legal advice, represent clients in courts and judicial committees, and prepare legal documents to ensure their clients receive all their rights in a lawful and proper manner. Many lawyers specialize in various types of cases.

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