How to File a Lawsuit in Kuwait: A Clear, Comprehensive Guide

Preparing Documents and Records

Documents and records are the cornerstone of any lawsuit. Before you begin, make sure you gather all evidence supporting your rights, such as contracts, correspondence or invoices.

Any documents in a foreign language must be translated into Arabic by a certified translator. You should also ensure that formal contracts are duly authenticated to preserve their evidentiary weight before the courts.

Drafting the Statement of Claim

The statement of claim is the formal document submitted by the claimant to the court. It must contain accurate details of the parties to the dispute, the facts of the case and a clear statement of the relief sought.

It is advisable to seek assistance from a lawyer with relevant expertise when drafting the statement of claim, to avoid procedural errors that could render the claim inadmissible or lead to a loss of rights through imprecise drafting.

Registering the Lawsuit and Paying Fees

Once the statement of claim has been prepared, it must be taken to the registry of the competent court to register the lawsuit and pay the prescribed court fees. Without payment of these fees, the lawsuit cannot be considered legally registered.

Make sure you retain a stamped copy of the statement of claim showing the registration date and case number, as you will need it to track the progress of the case.

Serving the Opposing Party

Service is the process of notifying the opposing party that a lawsuit has been brought against them. This is carried out through the court bailiffs’ office. You must ensure that the opposing party’s address is correct so that service is legally effective.

Failure to follow service procedures correctly may result in adjourned hearings or invalid proceedings, delaying the litigation process.

Following Up and Appearing Before the Judge

Once the lawsuit has been registered and the opposing party served, the hearing stage begins. You must carefully monitor the hearing schedule and appear at the appointed time, or authorise a lawyer to attend on your behalf.

Attending hearings and submitting responses to the opposing party’s written submissions within the specified deadlines are integral to defending your rights.

Frequently asked questions