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(العربية) اللائحة التنفيذية لنظام التكاليف القضائية

شركة رهن للمحاماة والاستشارات القانونية

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Issue date

12/4/2022

Category

Judicary

Legislation type

Regulation

Publication date

22/4/2022

Legislation status

Valid

Article 1

In these regulations, the following terms and phrases shall have the meanings assigned thereto in Article (1) of the Law of Judicial Fees.

Chapter 1 Estimating judicial fees

Article 2

1- Subject to the provisions of Article (3) of the Law, the judicial fees of the specified value lawsuit shall be estimated on the basis of a percentage of the value of the claim in it, as follows:

A- (5%) if the value of the claim is less than one hundred thousand riyals.

B- (4%) if the value of the claim is one hundred thousand riyals and more, and less than five hundred thousand riyals.

C- (3%) if the value of the claim is five hundred thousand riyals and more, and less than one million riyals.

D- (2%) if the value of the claim is one million riyals or higher.

2- The value of the claim shall be determined as follows:

A- With respect to financial lawsuits, it shall be determined on the basis of the amount sought by the plaintiff.

B- In lawsuits related to proving the validity of a contract, rescinding it, nullifying it, or obliging it to be executed, it is determined on the basis of the value of the disputed thing according to its value specified in the contract.

C- In cases related to property ownership disputes, it shall be determined on the basis of the value of the property when the lawsuit is filed, and the value of the property is determined based on the historical data -documented at the Ministry of Justice- of the sales value of this property and the properties adjacent to it, and so on from other means that enable the Ministry to determine its value.

Article 3

Judicial fees in lawsuits of unspecified value are estimated as follows:

1- Special criminal action; ten thousand riyals.

2- Lawsuits considered before commercial courts and commercial circuits; five thousand riyals.

3- Urgent lawsuits, regardless of the court or department in which they are considered; three thousand riyals.

4- Lawsuits before the general courts; three thousand riyals.

5- Enforcement disputes; three thousand riyals.

6- Lawsuits before labor courts and labor departments; two thousand riyals.

Article 4

If the lawsuit includes a claim of a specified value and another one of unspecified value, the fees of each lawsuit shall be calculated according to the provisions contained in the Law and the Regulations.

Chapter 2 Estimating the judicial fees of petitions

Article 5

The judicial fees of the direct enforcement petition are estimated at five hundred riyals, and with regard to the rest of the enforcement petitions, the judicial fees are estimated at two percent (2%) of the value of the lawsuit, provided that these fees are not less than five hundred riyals and not more than ten thousand riyals.

The executed-against shall incur the judicial fees of the enforcement petition, unless it is proven that the applicant is not entitled to his claim, the applicant shall bear the full judicial fees. If the applicant is not entitled to part of his claim, he shall bear the judicial fees to the extent of this part.

Article 6

The judicial fees of the petitions mentioned in Article (VII) of the Law are estimated as follows:

1- Petition for reconsideration; ten thousand riyals.

2- Cassation petition; seven thousand riyals.

3- Appeal petition; five thousand riyals.

4- Petition for admission from the litigants, petition for restitution, petition for correction or interpretation of the judgment, and petition for suspension of the judgment enforcement; two thousand riyals.

5- Incidental petitions; one thousand riyals.

6- The petition by one of the litigants to proceed with the suspended lawsuit by agreement before the end of the agreed period to stop the litigation; one hundred riyals.

Article 7

The judicial fees of each of the petitions mentioned in Article (8) of the Law shall be as follows:

1- Petition by the interested party to be provided with a certified copy of the lawsuit papers or records –paper or electronic- or the documents or papers under the custody of the court; one hundred riyals.

2- Petition by the interested party to view the lawsuit papers or records -paper or electronic-; fifty riyals.

3- Petition for an alternative copy of the judicial documents; one hundred riyals.

Chapter 3 Estimating the judicial fees of petitions

Article 8

The competent department – determined by the Minister of Justice- shall issue the final estimate of the amount of the judicial fees of the lawsuit after its completion, and shall inform the payer of these fees. The amount of the fees shall not be collected from the payer until the end of the objection period to the estimate or the issuance of a decision on his objection.

Article 9

With the exception of cassation petition and the petition for reconsideration, the competent department, as determined by the Minister of Justice, shall issue the final estimate of the amount of the judicial fees of the petition after deciding it, and shall inform the payer of these fees. The amount of the fees shall not be collected from the payer until after the end of the objection period to the estimate or the issuance of a decision on his objection.

Article 10

Judicial fees are calculated in Saudi Riyals, and the part of the riyals is not included upon fees estimation.

Chapter 4 Final Provisions

Article 11

The following conditions are required to license the private sector to carry out support work to implement the provisions of the Law – in addition to meeting the legal requirements-:

1- The licensee must be a company licensed in the Kingdom to carry out the work subject of the license.

2- The licensee must have at least three years of experience in providing the service subject of the license.

3- The license shall be of a specified period.

4- The licensee must have the necessary technical expertise and financial capabilities to provide the service subject of the license as determined by the Ministry of Justice.

5- The Licensee shall not have a conflict of interest, even if such conflict is probable.

6- The licensee shall maintain the confidentiality of any information obtained due to the provision of the service subject of the license, and this obligation shall extend even after the expiration of the license.

7- The licensee shall comply with the special technical conditions as determined by the Ministry of Justice.

The Ministry of Justice shall supervise the work of the licensee.

Article 12

The collection of judicial fees shall be in accordance with the established statutory provisions.

Article 13

For the purpose of managing collection, objections, exemptions and exceptions mentioned in the Law and the Regulation, the Ministry of Justice shall open a current account in which the amounts collected from judicial fees shall be deposited, and then these amounts shall be deposited in a current account of the Ministry of Finance in the Saudi Central Bank.

Article 14

The Minister of Justice, in coordination with the Chairman of the supreme judicial council, shall issue the necessary provisions concerning the procedures for challenging the decision of the competent department to determine the amount of judicial fees.

Article 15

The procedures contained in the Law and Regulations shall be implemented at any time using approved electronic means. If any of the procedures cannot be implemented by approved electronic means, it may be implemented by normal means.

Article 16

The Minister of Justice shall issue the necessary decisions to implement the provisions of the regulation.

Article 17

The regulations shall be published in the Official Gazette, and shall enter into force from the date of the law entry into force.

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