12/4/2018
Judicary
Regulation
12/4/2018
Valid
The following terms and expressions- mentioned throughout these regulations- shall have the meanings ascribed to them below, unless stated differently within the context:
Judicial Documents: the case record and the judgement decree.
The Case Record: the document containing the facts and procedures related to the case, as well as the main information stipulated by the code.
The Judgement Decree: the document containing the ruling or the decision, which is subject to objection, issued by the judicial circuit, according to the applicable procedures.
The Case File: a folder containing all the documents relevant to the lawsuit.
The Judicial Documents File: a folder containing the originals of the records and judgement after the final verdict.
The provisions of these regulations shall apply to First-Instance Courts, Court of Appeal, and the Supreme Court.
The judicial documents shall be issued in Arabic and adopt the Hijri (Islamic) Calendar.
The Minister of Justice shall issue a decision indicating the form of the judicial documents and the relevant templates.
Considering the statutory requirements that would impart reliability and safety in the data, judicial documents shall be transcribed electronically, and shall have the legitimacy of written documents.
The case record shall be made by using the relevant form, signed by the court clerk, and the persons whose names were mentioned therein. It shall be adopted following the signature of the circuit’s judges participating in the session.
If one of the litigants refuses to sign, this shall be recorded in the same case record.
If it is not possible to record on the form prepared for it, the circuit must record the session on an ordinary form with an indication of the reason it is done, and it will have the same authenticity as the record on the approved forms, provided that it is transferred to the approved forms as soon as the obstacle is removed.
If the record cannot be adopted, the provisions of Art. (167) of the Law of Civil Procedures related to it shall be applied.
The record cannot be amended following its adoption. If the circuit sees the need to do so, the record shall have an annex including What may added or amended. If it is amendment of a mistake, the location of said-mistake shall be highlighted along with the correction. The court clerk, the person mentioned therein, and the circuit’s judges participating in the session shall sign the record.
The case record shall include the decision making the verdict final, revoked, implemented or other.
The record of every session shall be added to the case file as soon as it is adopted.
Each ruling shall be noted in a separate judgement decree, which shall be adopted by the signature of the circuit’s judges who participated in issuing the ruling, then stamped with the circuit’s official seal.
If the original judgement decree cannot be signed by the individual judge or any of the judges of the circuit who participated in rendering the verdict, and the judgement was included in the record and signed by the aforementioned persons, the original judgement decree shall be signed by the judge appointed to work in the circuit instead of the one who couldn’t sign the judgement. This shall be noted in the case record.
If the judgement was signed, it may not be corrected, except under the provisions of Art. (171) and Art. (172) of the Law of Civil Procedures.
The revoked judgment, its finalisation, or its amendment shall be added to the judgement decree.
The original judgement decree shall be added to the case file. The competent employee of the court shall sign and stamp the non- enforcement copy of the judgement, making it a certified copy of the original, and delivered to the concerned parties, if they ask for it, and can be delivered to other concerned parties by permission from the chief of the court.
The copy of the Judgment decree, according to which the enforcement will take place, shall be appended to the enforcement form, signed by the competent employee of the court, stamped in conformity with its original, and shall only be delivered to the party to the case who has an interest in the enforcement of the judgment.
1-If the competent party of the court refuses to deliver the enforcement copy of the judgement, the requestor may object by sending a petition to the chief of the court to decide on the matter.
2-No other enforcement copy of the judgement shall be delivered to those who have already received one, except in case of loss of the first copy. Requestors may object if another copy is not granted to them under the provisions of paragraph (1) of this Article.
A file shall be created for every case, After the ruling becomes final in the court that issued it. The file shall contain the record and the original judgement, and shall have the number of the case.
Every court shall have a circuit or unit entrusted with maintaining judicial documents files, specialised in all relevant administrative procedures and requests, including the delivery of a replacement for a lost document.
The provisions of these regulations shall apply to the judicial documents issued following their entry into effect.
These regulations shall go into effect after (180) days of their issuance date and void all other conflicting provisions.