Implementing Regulations of appeal Procedures

The following terms and phrases shall – wherever they occur in these Regulations – have the meanings assigned thereto, unless the context requires otherwise:
Law: The Law of Civil Procedure.
Regulations: The Implementing Regulations of Appeal Procedures pursuant to the Law of Civil Procedure.
Council: The Supreme Judicial Council.
Court: The Court of Appeal.
Appeal Request: A request for appeal by way of a hearing or a review.
Appellant: An applicant for appeal by way of a hearing or a review.
Appealed Judgement: A judgement submitted to the Court of Appeal in accordance with the provisions of the Law.

1. A memorandum of objection shall be submitted to the court of first instance, including the following particulars:
a- The appellant’s name, his ID number or the number of his commercial register – as the case may be –, his representative and his place of residence;
b- The appellee’s name, his ID number or the number of his commercial register – as the case may be – and his place of residence;
c- Details of the appealed judgement, the grounds for objection, and the appellant’s requests; and
d- Date on which the memorandum was filed.
2. If an appeal is to be conducted by way of a hearing, a copy of the appeal request shall be enclosed with as many copies as there are appellees.
3. If an appellant did not specify the type of appeal request, whether by way of a hearing or a review, said appeal shall be considered by way of a review.
4. In the event that a judgement is rendered against several persons, they may submit one memorandum of objection or multiple ones.
5. If an appellant requests in his memorandum of objection one of the two types of appeal – hearing or review – he may amend the request to the other type within the prescribed period for the objection.
6. Subject to the provisions of Paragraph (1) of this Article, if an appellant submits more than one memorandum of objection within the objection period, only the latest memorandum shall be considered.
7. The adverse party referred to in Paragraph (3) of Article 185 of the Law shall mean every person who has the right to objection in accordance with Article 177 of the Law.

1. The circuit rendering the judgement may review the memorandum of objection upon being provided with a copy thereof after the expiry of the objection period. If the circuit decides to reconsider the judgement, it shall request the case file from the competent department within five days from the date of expiry of the objection period. If said period lapses without requesting same, the competent department shall submit the case file to the court on the following day.
2. In case the mandate of a circuit judge (or all or some of its judges) lapses, the case file shall be submitted to the Court of Appeal upon the expiration of the appeal period.

The absent person against whom a judgement is rendered, as stated in Paragraph (4) of Article 185 of the Law shall refer to a person against whom a judgement is rendered in Judgement in absentia to Article 56 and Paragraphs (1) and (3) of Article 57 of the Law.

1. The appeal request shall restore the case to the same status that it has had prior to the judgement under appeal, only in relation to portions of the judgement against which the said appeal is filed. The court shall consider the appeal on the basis of submissions to the court of first instance, as well as new motions or evidence submitted to the court to support the reasons for objection.
2. An appellee may – prior to the end of the first hearing – file a subsidiary appeal that shall be associated with the original appeal and which shall lapse therewith, by way of a memorandum containing the particulars contained in Paragraph (1) of Article 2 of these Regulations.

1. If the court decides to reject a new appeal request, the person whose appeal is denied may submit same to the competent court of first instance in accordance with the case filing procedures.
2. If the court decides to reject an appeal related to subject-matter neglected by the court of first instance, the person whose appeal is denied may submit same to the court of first instance, in accordance with the provisions of Article 175 of the Law.

Additional damages incurred after submitting the final requests before a court of first instance may be added to the original petition before the court.

A person who was not a party to the lawsuit in which the appealed judgement was rendered may not be joined or permitted to intervene in the appeal except by the court for purposes of serving the interest of justice or truth-finding.

1. The case shall be entered by the court upon its delivery, and shall be referred to the competent circuit in accordance with the rules of internal distribution.
2. If the appeal is requested by way of a hearing, the court shall, upon entering the case, fix a date for the first hearing, provided that such date does not exceed 20 days from the date of entry. As an exception to this rule, in judgements issued in summary cases, the first hearing shall be scheduled within 10 days. The appellee shall be notified of the hearing date, together with a copy of the memorandum of objection, and he shall file a memorandum of response to the objection three days prior to the hearing date.

An appellant seeking to conduct his appeal by way of a hearing shall follow up with the Court of Appeal upon the entry of the case to be acquainted with the date for hearing the case.

In cases where the appeal is considered by way of a hearing, the circuit shall, prior to the first hearing, verify preliminary matters related to jurisdiction and the conditions for acceptance of an appeal request.

1. If an appellant seeking to conduct his appeal by way of a hearing fails to appear in the first hearing, and a period of 60 days has elapsed from the date of the hearing, and he has not shown up to request proceeding with the case, the circuit shall rule that his right to appeal is deemed forfeited.
2. If an appellant seeking to conduct his appeal by way of a hearing appears within the sixty-day period and requests to proceed with the case, a date shall be set for the hearing, and the appellee shall be notified thereof. If the appellant fails to appear in the specified hearing, or any other hearing, save the first one, the circuit shall rule that his right to appeal is deemed forfeited.
3. If an appellant requests to conduct his appeal by way of a review, and the court decides to consider same by way of a hearing, or reverses the judgement, it shall consider the case as per the applicable procedures, set a date for the hearing, and notify the litigants thereof. If the appellant is notified and he fails to appear, the provisions of Paragraphs (1) and (2) of this Article shall apply to the appeal request.
4. The provisions of Article 180 of the Law shall apply to the sixty-day period stated in Paragraph (1) of this Article, and to the appellant’s failure to appear in any court hearing.

If the appeal request fails to provide the data stipulated in Paragraph 1 (c) of Article 2 of these Regulations, the court shall decide to reject such appeal

Without prejudice to the provisions of Paragraph (4) of Article 185 of the Law, if the court rules that the appellant’s right to appeal is deemed forfeited in accordance with Article 12 of these Regulations, or that the appeal is rejected in accordance with Article 13 of these Regulations, the appealed judgement shall be deemed final.

The circuit shall rule on an appeal request of judgements entailing lack of jurisdiction to hear the case, inadmissibility to consider a case due to being previously decided, non-hearing of a case for the lapse of the prescribed period, suspension of proceedings, non-acceptance of a case for not being drafted, or acceptance of a subsidiary motion that prevents proceeding with the case within 10 days from the date of referring the case thereto, unless necessity requires or the Council decides otherwise.

The circuit may, in order to consider a case by way of a hearing, carry out the following:
1- Entrust one of its judges to prepare the case for hearing; this shall include study of the case together with the memorandums and documents submitted and prepare the draft judgement but shall not entail hearing the statements of the litigants; and
2- Enable the litigants indicated in the hearing record to exchange memorandums and documents with the court administration within a period not exceeding 20 days, provided that the number of memorandums, the date of filing each thereof, and the date of the following hearing be specified.

If the court considers the case by way of a hearing, the circuit shall rule on objections to the judgements rendered in summary cases in the first hearing, unless necessity requires or the Council decides otherwise.

A hearing may not be postponed except for a reason so requiring; said postponement shall be entered in the record. A hearing shall not be postponed for the same reason more than once. The period of postponement shall not exceed 30 days, and the number of hearings in the case shall not exceed three in number, unless necessity requires or the Council decides otherwise.

If the court considers the case by way of a hearing, the hearing shall be recorded as follows:
1. The competent clerk shall record the basic data related to the case, the name of the court and the circuit, the names of the judges, the particulars of the litigants and their agents and the attendees, as well as the details of the first-instance judgement decree in a record to be kept in the case file; a form shall be prepared for this purpose.
2. The circuit shall enter in the record a summary of the appellant’s requests in the memorandum of objection, the contents of the parties’ requests, the questions directed by the circuit and the verbal responses thereto, and the evidence and motions submitted thereto. It shall also make a reference in the record to the memorandums submitted thereto but shall not enter details thereof, and shall enter its decision and the wording of its judgement.
3. If the hearing record does not include statements attributed to one of the litigants or otherwise, an admission or a testimony, it shall be signed only by the circuit judges and the clerk.

If consideration of the case requires hearing the testimony of a witness residing outside the city or governorate where the court is located, the circuit may delegate the court of first instance in that person’s area of residence; this shall apply to delegation to question a litigant, take an oath, inspect a disputed item, and the like.

If the appeal is conducted by way of a review, and the time limit for objection has elapsed, no memorandums shall be accepted in the case thereafter; nor shall any of the litigants be heard unless the circuit decides to consider the case by means of a hearing.

In cases where the appeal is considered by means of a review, the circuit shall verify the preliminary matters related to jurisdiction and the conditions for the acceptance of the appeal request within 10 days from the date the case is referred thereto.

If the court considers the case by means of a review and rules to affirm the appealed judgement, it shall draw up a record including the basic data of the case, the name of the court and the circuit, the names of the judges and the particulars of the first-instance judgement decree, a reference to its perusal of the memorandum of objection, and the wording of its judgement of affirmation preceded by its grounds. The record shall be signed by the circuit judges and the clerk and shall be kept in the case file; a form shall be prepared for this purpose.

The circuit shall rule on the cases considered by way of a review within 20 days from the date of referral of the case, with the exception of judgements issued in summary cases, which it shall rule thereon within 10 days, unless necessity requires or the Council decides otherwise.

1. If the court, upon considering the case by way of a review, finds it necessary to reverse the judgement in whole or in part, it may decide to proceed with the case by way of a hearing and reverse the judgement, when necessary, after the hearing and shall include its judgement on the merits therein.
2. If the court reverses the judgement partly, it may issue a judgement on the affirmed part, and consider the reversed part by way of a hearing as per the applicable procedures.

1. The judgement shall be pronounced in an open hearing, including affirmation of the appealed judgement by way of a review. The record shall be signed only by the circuit judges and the clerk.
2. If the person against whom the judgement is rendered is not notified of the judgement hearing, he shall be served a copy of the judgement.
3. The provisions of Paragraph (1) of this Article shall not apply to the rulings issued to affirm judgements that are subject to mandatory revision as per Article 225 of the Law, the judgements Judgement in absentia that are subject to mandatory revision as per Paragraph (4) of Article 185 of the Law, and the judgements entailing forfeiture of the right to appeal as per Article 12 of these Regulations, and the judgements issued in accordance with Article 27 of these Regulations.

If the court rules to revoke a judgement of lack of jurisdiction to hear a case, inadmissibility to consider a case due to being previously decided, non-hearing of a case for the lapse of the prescribed period, suspension of proceedings, non-acceptance of a case for not being drafted, or acceptance of a subsidiary motion that prevents proceeding with the case, it shall return the judgement to the court of first instance that rendered same to decide on the merits thereof. The judgement issued by the Court of Appeal shall be deemed binding and may not be returned in other than these cases.

1. The judgement decree made by the court shall, in addition to the wording and grounds of the judgement, include the following:
a- Basic data related to the case, the name of the court and the circuit, the names of the judges, the particulars of the litigants and their agents, details of the first-instance judgement decree and its wording, a summary of the appeal request that includes the appellant’s requests, and the grounds of the appeal.
b- Response to the grounds and motions contained in the appellant’s request, unless the appealed judgement has responded thereto.
2. The facts and grounds of the appealed judgement shall be referred to if they can be relied on, and the court shall add whatever reasons it deems necessary.

1. The circuit shall schedule a date for the person against whom the judgement was rendered to be delivered a copy of the judgement decree within a period not exceeding 20 days, and it may be delivered on the day of pronouncement of the judgement.
2. The competent department of the court shall deliver a copy of the judgement decree to the person against whom the judgement was rendered on the specified date. If he fails to appear to receive said copy, it shall be kept in the case file and a record to that effect shall be drawn up.
3. The competent department of the court shall notify the agency in charge of a prisoner or detainee to bring him on the date specified for receiving the copy of the judgement decree, unless the prisoner or detainee decides that it is sufficient to send said copy to the place of imprisonment or detention by the agency in charge of him. A record shall be drafted to that effect, shall be signed by the prisoner or detainee and the director of the prison or detention center or any person acting on their behalf, and shall be sent to the court.

The appeal circuit that issued the judgement shall consider any request for the correction or interpretation of the judgement. In the event that the mandate of its judges or one of them lapses, the judges replacing shall undertake this procedure. Any request for correction and interpretation shall be subject to the provisions of Chapter 2 of Part 10 of the Law.

In settlement cases with no litigation, the court may require the missing procedures to be completed as it deems necessary.

A reversal of judgement shall not entail revocation of the previous procedures that have been taken by the court of first instance, and the court may rely thereon when necessary.

The competent department shall prepare the necessary forms for the enforcement of these Regulations, and they shall be approved by a decision of the Minister of Justice.

These Regulations shall supersede the Implementing Regulations of the Articles of Chapter 2 of Part 11 of the Law.

These Regulations shall be published in the Official Gazette, and shall enter into force as of the date of publication thereof.