Regulations governing the work of judicial assistants

Judicial Assistants: Means the person who appointed on behalf of the circuit in its work provided for by law.

The judicial assistants are the clerks, recorders, researchers, process servers, translators, experts, secretaries, commissioners, etc.

Each court shall be joined by a sufficient number of judicial assistants, who shall work under the control of their administrative head, and all shall be subject to the control of the president of the court.

Researchers specializing in the legal, systemic, social, etc. aspects are appointed in each court.

The judicial assistants may not refrain from carrying out the tasks entrusted to them, and the tasks assigned to them by the president of the court, the head of the circuit, or the direct head, as the case may be, from what is within their competence, unless they have a reason to prevent or reject them.

1- It is not permissible for the judicial assistants to carry out a work that falls within the limits of their functions in cases and requests for rulings related to them, their spouses, relatives, in-laws, or relatives of their wives up to the fourth degree, as well as other settlements if they include litigation, otherwise this work is void.

The aforementioned prohibition applies to all works of judicial assistants, even if they do not include litigation with regard to them, their parents, their branches, or their spouses.

2- If a judicial assistants makes one of the reasons for the prohibition mentioned in paragraph (1) of this article, he must recuse, and he must inform his direct reference – in writing- to authorize him to recuse, stating the reason for the prohibition and his signature, and if he does not recused, the opponent may request his dismissal.

3- The dismissal request must be filed before any requests or plea is made in the case, otherwise the right to it shall be forfeited, unless the circuit deems otherwise, however, the dismissal request may be made if its reasons occur thereafter, or if it is proved that the applicant for dismissal was unaware of it. In all cases, the dismissal request shall not be accepted after the closing of the pleadings.

4- The dismissal request shall be submitted to the head of the circuit or his representative by a memorandum signed by the applicant, and must include the reasons for the dismissal, accompanied by the existing papers supporting the request.

5- The head of the circuit or his representative shall decide on the recusal and the dismissal request within the four days following the request for recusal or dismissal request, and for this purpose he may hear what the recusal and the person whose dismissal is requested, and he must issue an order to accept or reject the recusal, and accept the dismissal request or reject it, and this order is final, and all this is proven in a special minutes to be kept with the circuit, and it is not attached to the case file.

6- If the case is recorded, the Chamber shall record the summary of the minutes contained in paragraph (5) of this article in the recording of the case itself, without issuing a decision.

None of the judicial assistants working in the courts may be an agent for the litigants in the case, even if they are filed before a court other than the court to which they belong, but they may do so for their spouses, parents, branches, and those who are under their jurisdiction legally.

Judicial assistants are prohibited from:

1- Using the power and influence of their functions for their own interests, or participate in auctions related to the things they are charged with selling.

2- Publishing any writing, or make statements about the cases they are engaged in, or related to their work, whether these statements are written, or through visual, audio, or any other means.

3- Disclosure of the secrets that they are aware of by virtue of their work.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, the clerks undertake the following works:

1- The clerk shall prepare for each day a list of the cases in which they are presented in order of the time set for their consideration. After the list is presented to the circuit, it shall be attached to the panel prepared for that before the day of the sessions.

The list of cases shall include: the full name of the plaintiff and the defendant, the time and duration of the hearing, and the circuit may not state the full name if the interest so requires.

2- Attendance with the circuit at the hearings, and in all procedures of the lawsuit, settlement, confirmation, conciliation, judgment pronouncement hearing, etc., editing the minutes of the hearings, signing them with the circuit, reciting what needs to be read, and other things required by the case.

3- Registering the facts of the pleading in the record under the supervision of the circuit or the chairman of the session, as the case may be, and mention the date of the opening of each pleading, its time, and the time of its conclusion, the document of the hearing of the case, the name of the circuit, the names of its judges, the names of the litigants, their agents, and other matters that must be included in the minutes of the sessions as stipulated in the law of civil procedures and the Code of Criminal Procedure.

4- The record of the circuit’s consideration of the case in the first session shall be made by mentioning the number and date of recording and referral, or the assignment decision issued by the authorized person.

5- The clerk shall record in the minutes the identity number of each of the litigants, their agents, and those whose names were mentioned at the first mention.

6- Taking the signature of all whose statement is recorded in the case minutes from litigants, settlers, their agents, witnesses, and others, and if one of those whose names are mentioned in the record cannot sign, his fingerprint is sufficient.

7- Organizing the instruments and decisions, and presenting them to the circuit for signature and stamp. The President of the Court shall certify his signature and stamp on the signature and stamp of the circuit, and shall be stamped with the official seal.

8- Appending the instruments in the implementing versions of the provisions whose implementation is required.

9- Issuing true copies of the original and executive copies of the judgments, and proving their validity by order of the circuit, and the circuit signs and stamps the resulting copy, as well as the administrative supervisor of the circuit’s office, if any, and the clerk, and the president of the court certifies his signature and stamp on the signature and stamp of the circuit, and stamped with the official seal.

10- Commenting on the instruments the outcome of the cases before the circuit, related to those instruments, of the transfer of ownership, endowment, will, cancellation, or otherwise, and the circuit signs the comment, and stamps it, and signed by the administrative supervisor of the circuit office, if any, and the clerk, and stamped with the official seal.

After commenting on it, the instrument shall be send to the President of the Court under the circuit’s order and its signature, to order the transfer of the comment in its record if it was issued by the Court itself, or to notify the issuer of the transfer of the comment in its record.

11- Stamp all the record pages with the official seal, and the president of the court and the circuit signs what has been edited in the front of the record, which indicates the opening of the record, and its closure, as signed by the administrative supervisor on the circuit’s office, if any, and the clerk, and stamped with the official seal.

12- Taking care of the records, keeping it from tearing or damage, and informing the administrative supervisor of the circuit’s office, if any, of the violations and abuses that may occur to the record, or when it is lost, or exposed to the rupture of any of its pages or damage, and the administrative supervisor must inform the circuit of this to take the legal measures in this regard.

13- Moving with the circuit in all that is necessary to hear a testimony, take an oath, inspect the disputed, question an opponent, prove a will of a sentenced to retribution or murder, or otherwise.

14- Handing over the instruments and decisions, which do not filed in the case file, and their copies in the record and the registry thereof, as the case may be.

The clerk is prohibited from:

1- Instructing one of the litigants, witnesses, or others, expressing one of them in what his phrase does not benefit him, changing his statements, or recording his statement in the record in the absence of the circuit, or not ordering it to do so.

2- Correcting or adjusting in the record without circuit order, and its review.

The circuit may, if necessary, assign the clerk to the secretary works, the administrative supervisor works, or some of their work.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, the recorders shall undertake the following works:

1- Receiving instruments and decisions transmitted for the purpose of registration and record them in the relevant register.

2- Registration of instruments and decisions, in the register of each of them, verbatim without increasing, decreasing, distorting, or changing, and the recorders transmits the comments made in the instruments and decisions in their registries, and signs the register of the instrument and the register of the decision and the comment.

3- Submitting the register, after registering the instrument or decision or transferring the comment in the register, directly to the president of the court, and its departments, according to the competence, to sign the register of the instrument and the register of the decision and the comments affixed to the register, and stamp the record and the comment with the self-stamp. Instruments and decisions shall then be returned to the party from which they were received in the relevant register.

4- Issuing true copies of the original instruments, if requested, for loss, damage, or otherwise by order of the president of the court, or the circuit, as the case may be, after confirming that the applicant is entitled to it, or that he has a capacity in that, or an interest, and the circuit signs the produced copy and stamps it, and signed by the recorder, and the president of the court certifies his signature, and his seal on the circuit’s signature and seal, and stamped with the official seal.

5- Stamping all pages of the register with the official seal, and the president of the court and the circuit sign what was written in the front of the register, which indicates the opening and closing of the record, and signed by the administrative supervisor of the circuit’s office, if any, and the recorder, the court secretary or the circuit head, as the case may be, and stamped by the president of the court, and stamped by the circuit with its seal, and stamped by the official seal.

6- Preserving the registries, preserving them from tearing, or damage, and informing the president of the court or the circuit, as the case may be, of the violations and abuses that may occur to the register, or when it is lost, or exposed to the rupture of any of its pages, or damage it, and the president of the court must take the legal procedures in this regard.

7- Keep registries, and the various documents used and expired, and archive them, and organize and arrange them in order of their numbers and dates, so that they are easy to refer to.

8- Preventing anyone from accessing the registries, or giving them access to them, and not disclosing the contents of the registries to anyone.

9- The registries may not be removed from the court for any reason whatsoever, and may be removed from the registries department or the circuit office to the inside of the court by order of the president of the court or the circuit, as the case may be.

10- Ensure the validity of the instruments in question, whether or not they are identical to their registries, and the comments on their registries, such as the lack of signature procedure, seal, etc., and report this to the authority inquiring about the validity according to the form adopted in this regard.

Each researcher, according to the nature of his work, undertakes the following tasks:

1- Preparation of research and studies.

2- Provide opinions, advice, and recommendations.

3- Study of cases and documents.

4- Participating in committees formed to express an opinion on Sharia, legal and other cases after being assigned to do so by the President of the Court or the circuit, as the case may be.

5- Collecting, organizing and indexing the regulations and instructions received by the circuit.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, and without prejudice to the provisions of Article (2/11) and its controls of the Law of civil procedures, the process servers shall undertake the following actions:

1- Receipt of lawsuit sheets, requests, and all papers required to be announced by the specialist, and record them in the relevant register, and the register must include the name of the advertiser, the applicant for the announcement, the date of submission of the document required to be announced, the name of the addressee, his address, his capacity, the subject of the announcement in short, and any other relevant data.

2- Complete the advertising procedures, including their signature by the specialist.

3- Informing the addressee of the judicial papers, in accordance with the provisions and procedures stipulated in the Law of civil procedures, and its implementing regulations.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, translators shall undertake the following works:

1- Interpretation and written translation from different languages into Arabic, or from Arabic to other languages, which is required for the consideration of the case at the request of the judge.

2- Translation according to technical principles without distortion or modification.

3- Sign the document after translation, and sign the original translation into Arabic or from it to others.

4- Signing what was recorded in the session record in case of interpretation.

Expertise works before the judicial authorities shall be carried out by experts of the Ministry of Justice, experts of other government bodies, and experts whose names are included in the list prepared by the Expertise Department of the Ministry of Justice.

Experts are panelists, engineers, surveyors, accountants, assessors of injuries, and government assessors.

The circuit may seek the assistance of any other expert it deems appropriate.

Without prejudice to the provisions of the expertise stipulated in the Law of civil procedures, the Criminal Procedures Law, and their implementing regulations, the expert must:

1- Not to perform any work except after the issuance of a decision assigning him by the president of the court or the circuit hearing the case, as the case may be, and the decision of the assignment must include the task of the expert, a time for the filing of his report, and a time for the pleading session based on the report, in which the advance to be deposited to the account of the expert’s expenses, his fees and the litigant charged with depositing them, and the time specified for depositing. The court may also appoint an expert to express his opinion orally in the session, and in this case his opinion is stated in the record.

2- Receive a copy of the assignment decision, and his signature on the record of its receipt, in order to enforce its requirement, and the expert, within the limits of his competence, may view the papers filed in the case file, without transferring any of them except with the permission of the court.

3- If the expert deems that the subject matter needs to do other work, or abandon work assigned to him, or is unable to perform work assigned to him, he shall refer to the president of the court, or the circuit hearing the case, as the case may be, to obtain written consent.

4- Maintain the confidentiality of the relevant papers, the information obtained due to his task and the report issued by him.

5- To set a date for the commencement of his work not exceeding ten days following the receipt of the assignment decision, and to inform the litigants of the place and time of the meeting, no less than seven days before the meeting, unless the litigants expressly or implicitly agree otherwise. Further, the expert shall start his work even in the absence of the litigants when they have been properly invited, and the notification of the litigants shall be directly by a registered letter. If this is not possible, the notification shall be through the court in accordance with the notification procedures.

1- The expert shall prepare a minutes of his task, which shall include details of his work, the presence of the litigants, their statements, their notes, and the statements of the persons whose statements were required to be heard, signed by them. The expert shall accompany his minutes with a report signed by him, and shall include the result of his work, his opinion, and the aspects on which he relies in justifying this opinion.

2- If there are many experts and they disagree, they must submit one report stating what they unanimously agreed on first, then each expert mentions his opinion, which is unique to him, and its reasons, one by one, in the same report, and the experts sign all the papers of the report.

1- The expert shall file with the court circuit his report, the attached works minutes, and the papers delivered to him, and he shall inform the litigants of this filing within twenty-four hours after the filing, by a registered letter.

2- The expert shall notify the litigants upon the filing of his report through the addresses registered in the case sheet, and if this is not possible, the notification shall be made through the court, in accordance with the notification procedures.

3- The expert may keep copies of his report, and its attachments, and he must return the papers handed over to him to the court.

1- Without prejudice to the provisions of Article (6) of these Regulations, the experts may be dismissed for the reasons that allow for the dismissal of judges, stipulated in the Law of civil procedures and its implementing regulations. The court that appointed the expert in the dismissal request shall rule on a non-objectionable ruling. The request for the expert’s dismissal shall not be accepted from the litigant who selects him, unless the reason for the dismissal has been found after the selection, and the request for dismissal shall not be accepted after the closure of the pleadings.

2- The expert’s dismissal request shall be submitted to the circuit that decided to assign him.

3- The consideration of dismissal request shall be in the same record of the case.

4- If the litigant does not know the reason for the dismissal except after he has chosen the expert, he may request his dismissal.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, the members of the consideration bodies shall undertake the following works:

1- Evaluation of properties, real estate offered for sale, and considers the gift and interest in the real estate of endowments, absentees, minors and the like, or real estate that has a common share for any of them.

2- Estimating the expenses of children, wives and those who are required to support them.

3- Endowment the properties on which the of deeds of control is to be issued, and indicating the status of the property in accordance with the instructions of the ruling stipulated in the Law of civil procedures, its implementing regulations, and other ruling instructions.

4- Enforcement of disputed real estate deeds, and their documents.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, the engineers shall undertake the following works:

1- Studying the technical problems that may arise between contractors and employers in projects during or after implementation.

2- Participating with the members of the consideration bodies, surveyors and representatives of other government bodies in what they are required to participate in.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, the surveyors shall undertake the following works:

1- Surveying of land and buildings.

2- Applying land deeds on real ground, preparing cadastral reports, drawings, and necessary maps.

3- Preparing a cadastral survey, if necessary, for the disputed and undisputed parts, and coloring each of them in a different color in the presence of the disputants.

4- Preparing the cadastral survey according to the reality, and clarifying the buildings on the ground, or other revival.

5- Identify zigzagging sides of the property, refractions, angles, directions, lengths and coordinates where applicable.

6- Participating with members of the consideration bodies, engineers, and representatives of other government bodies in what they are required to participate in.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, accountants shall undertake the following works:

1- Holding accounts between litigants, guardians, trustees, and principals, and determining the truth of the actions of guardians, trustees, and principals, incoming and outgoing.

2- Liquidation of the accounts of the fines and bankrupts, and the subsequent preparation of the necessary data.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, assessors of injuries and government assessors shall undertake the following works:

1- Examining the wounds, injuries and fractures and determining their type when they occur, at the time of official work or outside it, if the court or the competent authority so requests, as the case may be, and the determining the type of the wound and all injuries shall be according to its legitimate names in what has a name in the Sharia, and according to the state of the injury at the time of its occurrence in what does not have a name in the Sharia.

2- Estimate the blood money and compensations of what is referred to in paragraph (1) of this article in accordance with the Sharia rules and the instructions issued in this regard, if the president of the court or the circuit hearing the case, as the case may be, so requests.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, the Secretaries shall undertake the following works:

1- Receiving files and documents related to cases, organizing them, keeping the documents in them that have been entrusted to them, arranging them, taking care of them, and answering what needs to be answered.

2- Preparing the case, ascertaining the capacity of the litigants, and others, and the deeds, documents, and identification papers, and preparing them for consideration, and writing down all that is necessary for that.

3- Summarize the facts of the dispute according to what was included in the case file, and submit it to the circuit.

4- Preparing the notification papers if necessary.

5- Implement the decisions included in the meetings records on real-time bases.

6- Checking documents.

The circuit may, if necessary, assign the secretary the work of the clerk and the work of the administrative supervisor, or some of their work.

In addition to the tasks specified in the relevant Laws and the instructions in force that do not conflict with these regulations, the administrative supervisor of the Circuit’s office, in addition to the competencies mentioned in these regulations, shall undertake the following works:

1- Manage the clerical work of the Circuit’s office by its order and supervision, and he is the primary responsible for that, and no other employee of the Office has the right to intervene in this matter except by order of the circuit.

2- Follow up the employees of the Circuit’s office, supervise their work, distribute tasks among them according to their specialization, and coordinate their leaves, and if appeared to him from them what is required to be raised, this is presented to the circuit to take the necessary action.

3- Receiving the Circuit’s office auditors, and organizing their access to it.

4- Receiving the incoming documents to the Circuit’s office, after ensuring that they are indexed, and matching their papers for indexing, and referring them to the competent clerk, so that they can be recorded in the relevant register.

5- Preparing minutes of each document, submitting it to the circuit by requesting guidance in this regard, and implementing this.

6- Edit the necessary correspondence on the documents, and submit it to the circuit to take the necessary action in this regard.

7- Receive the regulations, circulars and instructions communicated to the circuit, and share them with the circuit, and provide the staff of the Circuit’s office with regulations and instructions related to their work, and present them to the circuit upon request.

8- Signing requests for the attendance of litigants and the like if the circuit entrusts him to do so.

9- Edit requests to provide the needs of the Circuit’s office, and sign them by order of the circuit, follow up and receive them when provided, and be entrusted to him.

10- Preparing monthly and annual reports for all cases, in the approved forms in this regard.

The circuit may, when necessary, assign the administrative supervisor to the secretary works or some of them.

Enforcement officers shall carry out the enforcement procedures contained in the enforcement Law and its implementing regulations, and related instructions.

If there is an unjustified delay by one of the judicial assistants working in the courts in completing his work entrusted to him, or assigned to him, or in violation of the provisions of these regulations, he shall be treated in accordance with the provisions of the Staff Discipline Law.

Carrying out the procedures stipulated in this regulation through the automated system is sufficient in the application of its provisions.

Review this regulation for the purpose of updating it if the need arises within two years from the date of its issuance.

These Regulations shall come into force on the date of their issuance and shall repeal all provisions that contradict them.