The Implementing Regulations for Methods of Appealing on Judgments

The following terms, wherever mentioned in these Regulations, shall mean the meanings indicated in front of each of them, unless the context requires otherwise:

Law: Law of Civil Procedure.

Regulation: The Implementing Regulations for Methods of Appealing on Judgments.

Court: The court that considers the objection.

Objection: A petition for appeal – pleading or Revision -, cassation or for reconsideration.

The submission of petitions and the taking of actions – stipulated in the Law and the regulation – shall be through electronic systems approved by the Ministry of Justice, and any action achieved using those systems shall be dispensed with.

1- It is not permissible to object to the judgment from those who have been ruled to all his petitions, including the guardian of the minor, the administrator of endowment, and the like.

2- Whoever his intervention in the case is accepted has the right to object to the judgment issued against those who intervened with him, even if the convicted did not object to it.

1- If the case includes petitions, the total of which exceeds the small claim – referred to in paragraph (1) of Article (180) of the Law-, the judgment issued in any of those petitions may be objected.

2- It is permitted in small claims to object to the judgment issued in any of the instances mentioned in paragraph (1) of Article (34) of the Regulations.

1- Litigants may agree in writing – even before the case is filed – that the judgment issued by the Court of First Instance against them shall be final.

2- Adherence to the agreement mentioned in paragraph (1) of this article shall be during the consideration of the case before the Court of First Instance.

1- Whoever has the right to object before or after filing the objection petition may waive his right to object by submitting a memorandum to the court that issued the judgment or that considers the objection, as the case may be.

2- If the objector waives his right to object after submitting the petition, the court shall in all instances decide to accept the abandonment of the litigation in the objection.

The objection period starts from the day following the day of receipt of a copy of the judgment decree, or from the day following the day specified for its receipt.

Without prejudice to the provisions of summary proceeding, if the contested judgment includes the adjudication of several petitions that vary in the periods of the objection, the longest period shall prevail.

If there are multiple convicted persons, they may submit one memorandum of objection or a separate memorandum for each objector.

1- The objection memorandum must include the reasons on which the objection is based, and the objector’s petitions, and the memorandum must be accompanied by the document proving the capacity of the objector – if any -.

2- If the objection memorandum does not meet the provisions of paragraph (1) of this article, the court shall automatically rule on its own initiative that it is inadmissible.

1- The submission of a petition to stay the execution of the judgment by the objector during the objection period shall include the reasons for the petition, and the effects of the execution, and shall not be submitted after the expiry of the period.

2- The petition to stay the execution of the judgment shall be decided within (five) days from the end of the objection period, and it shall be sufficient – if rejected – to prove this in the minutes.

The referral of the objection – after the expiry of the period – to the court shall be in accordance with the procedures and guides regulating this.

The objector shall follow up the case dates as soon as it is registered in the court.

The court verifies whether the objection has been referred to it from the preliminary matters relating to jurisdiction, and the conditions for accepting the objection petition.

In the events that a hearing is scheduled for the consideration of the objection, the hearing may not be postponed except for a reason that requires this and is recorded in the minutes of the hearing. Further, the hearing session shall not be postponed for the same reason more than once, and the period of postponement shall not exceed (thirty) days, and the number of sessions in the case shall not exceed (three) sessions, unless necessary otherwise.

Subject to the provisions of the law of evidence, if the consideration of the objection requires assignment, the court may assign the court of first instance.

The objector is not prejudiced by his objection.

1- The judgment decree issued by the court must include the following:

A- Basic data, and the procedural evidence shows this data.

B- The operative part of the judgment, its reasons, and the response to the reasons and pleas contained in the objection petition.

2- It is permissible to refer to the facts of the contested judgment, with the addition of new facts after objection.

3- It is permissible to refer to the reasons for the contested judgment, if they are valid to be relied upon, and the court may add the reasons it deems appropriate. In all cases, the court must state in the reasons for its judgment the substantive plea, with reference to the content of the response to that plea from the contested judgment.

1- If the appellant petitions in the objection petition one of the two types of appeal – pleading or revision – he may amend his petition to the other type within the period specified for the objection.

2- If the appellant does not indicate the type of objection petition in terms of pleading or revision, the judgment shall be considered pleading.

The appeal transfers the case in its current state before the issuance of the appealed judgment in relation to what was filed by the objection only.

The court shall not accept any evidence that was not submitted before the court of first instance and could have been submitted by the litigants, unless there is a requirement to accept it, provided that the court indicates this in its judgment.

1- A new petition in the appeal shall not be considered a petition for precautionary and interim procedures aimed at protecting the original petition.

2- Before the court, it is permissible to add to the original petition what increases the compensation, profits, wages, and all attachments that will be due after submitting the final petitions at the court of first instance.

It is not permitted in the appeal to join those who were not a party to the case in which the contested judgment was issued, unless the joining by the court is in the interest of justice or the truth. It is not permissible to join except by someone who is asked to join one of the litigants without requesting the ruling for himself.

1- In the cases in which the appeal is considered pleading, the court verifies – before the first session – the preliminary matters related to jurisdiction, and the conditions for accepting the appeal petition.

2- In the cases in which the appeal is considered revision, the court verifies the preliminary matters related to jurisdiction and the conditions for accepting the appeal petition within (five) days from the date of referring the case to it.

The court shall decide on the objection to the judgments issued in the summery cases within (ten) days from the date of referring the case to it, unless the necessity otherwise requires.

If the appeal is a pleading, a date shall be set for the first session, provided that it does not exceed (twenty) days from the date of the referral. Further, the appellee shall be notified of the date of the hearing at least (five) days before its convening, and he shall be enabled to review the objection memorandum, and he shall submit the response memorandum to the objection before the first session.

The appellee may – before the end of the first session of the pleading – file before the court a sub-appeal that follows the original appeal, and is removed by its demise, by a memorandum containing the data mentioned in Article (10) of the Regulations.

1- If the appellant is absent from any hearing of the pleading session and (sixty) days have passed from the date of the hearing, and he does not file a petition to proceed with the case during this period, the court shall rule that his right to appeal is forfeited.

2- If the appellant files a petition to proceed with the case within the period mentioned in paragraph (1) of this article, the court shall set a date for the hearing, and inform the appellee. If the appellant does not attend the specified hearing or any hearing after it, the court shall rule that his right to appeal is forfeited.

3- If the appellant files a petition to review the judgment and the court decide to consider it as pleading, it considers it in accordance with the usual procedures, and sets a date for the hearing, and the litigants are notified of it. If the appellant is notified and does not attend, the provisions of paragraphs (1) and (2) of this article shall apply to the appeal petition.

1- The court may entrust one of its judges to prepare the case and prepare it for pleading, including studying it, determining the scope of the appeal, holding a preparatory session, completing the documents, summoning the concerned parties to ask them about the facts that it deems necessary to achieve, and preparing the draft judgment. The court may also entrust the study of the case and the facts to the competent department.

2- The court, and the judge to whom the preparation of the case was entrusted, may enable the litigants to exchange memorandums and documents with the competent department within a period not exceeding (twenty) days, provided that the number of memorandums, the date of filing each of them, and the date of the next hearing are determined.

3- Failure to submit the memorandum or document at the stage of preparing the case shall have the same effect as failure to submit it before the court.

If the hearing of the appeal is a revision, the submission of any memorandum or document in the case, or the hearing of any of the litigants, shall not be accepted after the lapse of the period prescribed for the objection, unless the court decides to hear the appeal in pleading.

The court shall rule on the cases it considers in revision within (twenty) days from the date of referring the case to it, unless the necessity otherwise requires.

If the court sees during the hearing of the case in revision that the judgment must be overturned in whole or in part, it shall consider it in pleading and rule on it.

In settlement cases in which there is no dispute, the court may fulfill the lack of procedures it deems appropriate.

1- The court shall, within (ten) days from the date of referring the case to it – unless necessary otherwise – rule in the appeal petition against the judgments issued in the following events:

A- Lack of jurisdiction.

B- Inadmissibility of hearing the case due to the existence of the arbitration clause.

C- Suspension of the case.

D- Case inadmissible for not editing it.

E- Case inadmissible to file it prematurely.

F-  Inadmissibility of the petition in form.

G- Consider the case null and void.

2- The court shall, if it decides to cancel the judgment issued by the court of first instance in the events mentioned in paragraph (1) of this article, return it to it to decide on its subject matter. Its ruling shall be binding, and it is not permissible to return the case in other than these events.

1- If the court decides not to accept the new petition in accordance with Article (186) of the Law, then whoever file a petition that was not accepted may submit it to the competent court of first instance, in accordance with the usual procedures for filing the case.

2- If the court decides that the substantive petition that was dismissed by the Court of First Instance is inadmissible, then whoever file a petition that was not accepted may submit a petition to the Court of First Instance for completing the consideration thereof and deciding thereon in accordance with the provisions of Article (175) of the Law.

Without prejudice to what is stated in paragraph (4) of Article (185) of the Law, if the court rules that the right to appeal is forfeited or not accepted, or decides to accept the abandonment of the litigation in the objection, the appealed judgment became final.

1- The judgment shall be pronounced in a public hearing, including the confirmation of the reviewed appealed judgment.

2- The provision of paragraph (1) of this Article shall not apply to the judgments issued in support of the reviewed judgments in accordance with Article (225) of the Law, the judgments in absentia reviewed in accordance with Paragraph (4) of Article (185) of the Law, the judgments issued forfeiting the right to appeal in accordance with Article (28) of the Regulation, and the judgments issued in accordance with Article (34) of the Regulation.

Confirmation of the judgment of the Court of First Instance shall be a judgment issued by the Court of Appeal, as long as it is objected to it.

Without prejudice to what is stated in Paragraph (2) of Article (45) of the Regulations, if the Supreme Court overturns the judgment of the Court of Appeal, it shall refer the case to it for reconsideration other than who considered, based on the petition of the litigants, and the Court of Appeal must follow the ruling of the Supreme Court in what it ended up with.

If the subject of the objection is a violation of a judicial principle issued by the Supreme Court, or taken by one of the Supreme Court’s offices in previous cases, it is considered an objection due to the violation of the Law in accordance with paragraph (1) of Article (193) of the Law.

It is not permitted in the cassation petition  to give reasons that have not been previously stated in the appeal, and could have been expressed in it.

1-  The memorandum of objection to the cassation petition must include specifying the reasons for the objection to the judgment, its location from it, a statement of the face of the violation, its impact on it, and what shows the aforementioned reasons in the appeal or the inability to express them in it.

2- If the memorandum of objection to the cassation petition is limited to referring to the reasons mentioned in the memorandum of objection before the Court of Appeal or others, the memorandum shall be considered devoid of reasons.

3-If the objection does not meet the provisions of paragraph (1) of this article, the court shall automatically rule it inadmissible.

The respondent may submit a memorandum of his response to the objection memorandum within (ten) days from the date of his notification of the objection memorandum.

If the date for the objection is missed, or it is filed for reasons other than those stated in the Law, or the court finds that the objection is inadmissible or unacceptable – in accordance with Articles (10) and (42) of the regulation -; it ordered its inadmissibility by a decision proven in the minutes.

1- If the court decides on the objection by rejecting it or overturning the judgment; it states the reasons for this in its judgment.

2- If the overturned judgment was issued in any of the events mentioned in paragraph (1) of Article (34) of the Regulation, or the judgment was to forfeit the right to appeal or not to accept; it was referred to the department that issued it at the Court of Appeal.

If the Supreme Court overturns the judgment for violating the rules of specific or spatial jurisdiction, the competent court shall rule on its subject matter.

If the Supreme Court rules on the matter in accordance with Article (198) of the Law, it shall pronounce the judgment in a public session.

The Court of Appeal, which upheld the judgment, shall have jurisdiction to consider the case after accepting the petition in form.

It is permissible to object to the petition for reconsideration of the judgments issued in small cases, and it is not permissible to object to the appeal petition against the decision issued not to accept the petition in those cases, nor to the judgment issued in the subject matter of the case after accepting the petition.

It is not permissible to object to the petition for reconsideration of the decision of the Supreme Court issued in the cassation petition, and it is permissible to object to the petition for reconsideration of the judgment issued by the Supreme Court on the subject of the case, in accordance with Article (198) of the Law.

1- The memorandum of objection to the petition for reconsideration must include the identification of the facts that are the subject of the petition and their impact on the judgment.

2- The memorandum of objection to the petition for reconsideration – as the case may be – must include the following data and attachments:

A- If the objection petition is in accordance with Case (A) of Paragraph (1) of Article (200) of the Law, the petition must be accompanied by proof of forgery of the document or the ruling that the certificate is a perjury.

B- If the objection petition is in accordance with Case (B) of Paragraph (1) of Article (200) of the Law, the petition must include a statement that the conclusive papers cannot be produced before the ruling.

C- If the objection petition is in accordance with case (C) of paragraph (8) of article (200) of the Law, it must indicate in the petition the occurrence of fraud and its effect.

D- If the objection petition is in accordance with case (D) of paragraph (1) of article (200) of the Law, the petition must include a statement of the judgment that was ruled without the petition of the litigants, or that was ruled by more than what the litigants petitioned.

E- If the objection petition is in accordance with Case (E) of Paragraph (1) of Article (200) of the Law, the petition must include a statement of the part in which the contradiction occurred from the operative part of the decision, and the reason for the contradiction.

F- If the objection petition is in accordance with case (G) of paragraph (1) of article (200) of the Law, the petition must include the statement of the representative in the case, and the reason for the invalidity of his representation.

G- If the objection petition is in accordance with paragraph (2) of article 200 of the Law, the petition must include a statement of the binding force of the judgment against the petitioner.

3- If the objection does not meet the provisions of paragraphs (1) and (2) of this article, the court shall automatically rule it inadmissible.

Unless proven otherwise, the following shall be deemed sufficient in determining the beginning of the reconsideration petition period stipulated in Article (201) of the Law:

A- The petitioner’s statement of the date he became aware of the forgery and fraud, and the time of the appearance of the papers stipulated in paragraph (b) of Article (100) of the Law.

B- A statement from whomever the judgment is binding force against him on the date of his knowledge of the judgment.

The court shall decide whether or not to accept the petition for reconsideration without pleading, within a period not exceeding twenty (twenty) days, unless the necessity otherwise requires.

The petition for reconsideration of the lack of valid representation in the case, mentioned in case (g) of paragraph (1) of article (200) of the Law, shall not be accepted if the capacity of the petitioner’s representative ceases after the case is prepared for issuing a ruling thereon..

If the petition does not meet the conditions for its acceptance, the court shall, on its own initiative, decide not to accept it in a public hearing.

The judgment issued for the inadmissibility of the petition must include the reasons for its inadmissibility, and if the petitioner relies one of the cases stipulated in Article (200) of the Law and fails to meet one of the conditions for its acceptance stipulated in the Law and the Regulation, the court shall indicate this.

The court shall, if it accepts the petition for reconsideration, indicate the reasons for acceptance with a statement of the case, on which the petition was based, and the fulfillment of its conditions stipulated in the Law and the Regulation, and this shall be recorded in the minutes.

The court shall, if it accepts the petition for reconsideration, order a stay of execution of the judgment whenever the petitioner petitioned, in accordance with Article (11) of the Regulation.

If the court accepts the petition for reconsideration, it considers it in pleading within the limits of the petitions it has accepted, and it rejects the petition or overturns the judgment against which the appeal was made, in whole or in part, and shall rule on what was overturned.

 The competent department shall prepare what is necessary to enforce this regulation, and it shall be approved by a decision of the Minister of Justice, and in particular the following:

A- Digital models and solutions.

B- Procedural evidence, provided that it includes the following:

1- Procedures for submitting, registering and completing petitions.

2- The data mentioned in paragraph (b) of Article (18) of the Regulation.

3- Procedures for preparing cases and petitions.

4- Procedures for the delivery of orders and judgments.

This regulation replaces the implementing regulations for the articles of Chapter (11) of the Law of Civil Procedure, issued by Minister of Justice Resolution No. (39933) dated 19/5/1435 AH, and the implementing regulations for appeal procedures, issued by Minister of Justice Resolution No. (5134) dated 21/9/1440 AH.

The regulation shall be published in the Official Gazette, and to be forced from the date of its publication.