المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Two

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles

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  1. Principle 53A judicial claim. A procedure addressed to the court against the defendant by which the scope of the action is defined, whether the claim is original or incidental. The judge and litigants are bound by that definition. TPleadings — Part Two · Source page ١٤
  2. Principle 54The time limit for challenging administrative decisions. 60 days from publication of the challenged decision, notification thereof to the person concerned, or establishment of his certain knowledge thereof. Its interruptPleadings — Part Two · Source page ١٤
  3. Principle 55Constitution of litigation. The condition for its validity. It must originate from a litigant or be directed against a litigant having capacity to litigate, whether upon commencement of the litigation or upon appeal agaiPleadings — Part Two · Source page ١٥
  4. Principle 56Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the appeal petition and were not previously invoked before the court of merits. The condition fPleadings — Part Two · Source page ١٥
  5. Principle 57Constitution of proceedings. The condition for its validity. They must be initiated by or directed against a party possessing capacity to be a party and to litigate, whether at their commencement or upon appeal of the juPleadings — Part Two · Source page ١٥
  6. Principle 58Filing the statement with the court registry. A procedure by which the proceedings begin to exist. They remain conditional upon valid service thereof. Issuance of judgment despite failure of this condition. Effect: the pPleadings — Part Two · Source page ١٥
  7. Principle 59Procedural rules relating to judicial organization, including procedures for bringing and hearing actions before the courts and matters arising in the course of litigation therein. They are governed by the law of the couPleadings — Part Two · Source page ١٦
  8. Principle 61An appeal is instituted by filing its statement with the registry of the Court of Appeal. A clerical error in the filing date does not detract from this. Example.Pleadings — Part Two · Source page ١٦

  9. توقيع محام على صحف الدعاوى والطعون

    Principle 62Lodging the statement of claim. A condition for commencement of litigation. Its constitution depends upon service thereof. The reason. Fulfilment of the adversarial principle between the litigants. Its implication: fulfiPleadings — Part Two · Source page ١٦
  10. Principle 63Representation of litigants before the courts. The general rule is that it is reserved to lawyers alone. Exception. Spouses, relatives by marriage, and relatives up to the fourth degree may be deputized in litigation proPleadings — Part Two · Source page ١٦
  11. Principle 64Filing a petition for cassation without a lawyer's signature. Its effect. Nullity of the appeal. This nullity pertains to public order.Pleadings — Part Two · Source page ١٧
  12. Principle 65The legislature prohibited the submission of notices of appeal unless signed by a lawyer. Contravention of this. Its consequence. Nullity, even if not expressly stipulated. - The lawyer who signs the notice of appeal. HePleadings — Part Two · Source page ١٧
  13. Principle 66The legislature’s requirement that a non-lawyer representative appearing for a litigant at hearings have a marital relationship or kinship by blood or marriage up to the fourth degree is confined to attendance at hearingPleadings — Part Two · Source page ١٧
  14. Principle 67A petition for cassation. It must be signed by a lawyer. Omission of this procedural requirement. Its effect. Nullity of the appeal. Article 153/2, Civil Procedure Law. This applies to all petitions for cassation lodged,Pleadings — Part Two · Source page ١٧
  15. Principle 68Absence of a lawyer's signature from the statement of appeal. Its effect. Its nullity despite the absence of a provision to that effect in the Civil Procedure Law. The reason for this. The Legal Profession Law's requiremPleadings — Part Two · Source page ١٧
  16. Principle 69A lawyer's signature on the original appeal petition or its copy. A condition for admissibility of the appeal. Sufficiency of - 17 - Procedure signing the original. Example. - Alleging for the first time before the CourtPleadings — Part Two · Source page ١٧
  17. Principle 70The petition for an appeal in cassation brought by the Government or a public institution. It must be signed by a member of the Fatwa and Legislation Department. Failure to do so. Its effect. Nullity of the appeal. - A lPleadings — Part Two · Source page ١٨
  18. Principle 71Failure of a lawyer to sign the statement of claim, appeal petition, or petition for reconsideration. Its effect. Nullity. No particular form of signature or conformity with a signature held by another body is required. Pleadings — Part Two · Source page ١٨
  19. Principle 72The statement of cassation appeal. It must be signed by a lawyer. Omission thereof. Its effect. Absolute nullity of the appeal relating to public policy. This applies to all statements of cassation appeal, whether filed Pleadings — Part Two · Source page ١٨
  20. Principle 73The petition for appeal in cassation. It must be signed by a lawyer. The lawyer signing it need not be the appellant’s authorized representative for filing the appeal.Pleadings — Part Two · Source page ١٨
  21. Principle 74Statements of claim, appeal petitions, or petitions for reconsideration. They must be signed by a lawyer admitted before the court to which they are submitted. No particular form is required for this signature. A signatuPleadings — Part Two · Source page ١٨
  22. Principle 75Clear and unambiguous statutory provisions. It is impermissible to adopt anything contrary to them or to restrict them. The reason for this. There is no room to investigate the rationale and motives of legislation exceptPleadings — Part Two · Source page ١٩
  23. Principle 76The National Assembly is represented by its Speaker before all courts in actions and applications brought by or against it. He may delegate for this purpose a member of the Assembly, one of its employees, or lawyers regiPleadings — Part Two · Source page ١٩
  24. Principle 77The Legal Profession Law's requirement that statements of claim be signed by a lawyer. Does not apply to tenancy actions. Reason therefor: the Tenancy Law is a special law to which the Legal Profession Law has no applicaPleadings — Part Two · Source page ١٩
  25. Principle 78The cassation petition. It must be signed by a lawyer. Omission thereof. Its effect. Absolute nullity of the challenge, relating to public policy. The appearance of a lawyer's name printed on the petition does not alter Pleadings — Part Two · Source page ١٩
  26. Principle 79Signature by an admitted lawyer on the statement of claim in an action exceeding five thousand dinars in value, the petition of challenge, and the petition for reconsideration, except those filed by the Government. A manPleadings — Part Two · Source page ٢٠

  27. إجراءات نظر الدعوى

    Principle 80The legislature’s exhaustive specification of the judicial documents which it requires to be signed by an admitted lawyer, and its imposition of nullity for breach thereof in clear and unequivocal language. Article 18 ofPleadings — Part Two · Source page ٢٠
  28. Principle 81The court hearing one of the litigants or his representative in the absence of his opponent, or accepting documents or memoranda after closure of pleadings without allowing the other litigant to inspect them. ImpermissibPleadings — Part Two · Source page ٢٠
  29. Principle 82The legislature's regulation of the provisions governing representation in litigation. The general rule therein is to restrict the right to represent litigants before the courts to lawyers alone. The exception. The rightPleadings — Part Two · Source page ٢٠
  30. Principle 83Joining two actions differing in cause and subject matter for hearing together does not result in their merger or in each losing its independence, unless the subject of the relief sought in each is the same, or the subjePleadings — Part Two · Source page ٢٠
  31. Principle 84The presumption regarding procedures is that they have been observed and validly carried out. The burden of proving the contrary rests on the person asserting it. An example.Pleadings — Part Two · Source page ٢١
  32. Principle 85The agent's domicile is recognized for service of the documents necessary for the progress of the action at the level of litigation for which he is appointed. This applies to service of an amendment of claims at the samePleadings — Part Two · Source page ٢١
  33. Principle 87The appellant's absence and the respondent's presence. Do not prevent the court from hearing the action.Pleadings — Part Two · Source page ٢١
  34. Principle 88Documents and memoranda submitted at the hearing in a party’s absence need not be served on that party. The reason for this.Pleadings — Part Two · Source page ٢١
  35. Principle 89The presumption regarding procedures is that they have been observed. An example concerning the expert's summons to the litigants.Pleadings — Part Two · Source page ٢١
  36. Principle 90Joining two actions differing in cause and subject matter does not result in their merger and each losing its independence unless one is a means of defence in the other.Pleadings — Part Two · Source page ٢١
  37. Principle 91Waiver of a procedure. Its nature: relinquishment of a right that need not be express but may be implied. Condition thereof. Example of what does not constitute waiver of a procedure.Pleadings — Part Two · Source page ٢١
  38. Principle 92Establishment of lineage to a deceased person is not to within an action concerning a right or property. The reason therefor. - An action brought to establish lineage to a deceased person without being brought within anoPleadings — Part Two · Source page ٢١
  39. Principle 93The plea that the claimant lacks standing to claim the right. A substantive plea established for the benefit of the person entitled to it. Its assertion by the litigant extinguishes his right to raise a procedural plea. Pleadings — Part Two · Source page ٢٢
  40. Principle 94Waiver of prescription after the right to invoke it has vested. It is not inferred from conjecture. It must be clear and unambiguous, whether express or implied. What is required for its validity. Example.Pleadings — Part Two · Source page ٢٢
  41. Principle 95The claimant's right to withdraw his action. Its condition. Article 99/1, Civil Procedure. Withdrawal of the action after judgment has been rendered therein. Has no effect.Pleadings — Part Two · Source page ٢٢
  42. Principle 96The period prescribed for barring the hearing of an action is interrupted by a judicial claim, even if the action is brought before a court lacking jurisdiction.Pleadings — Part Two · Source page ٢٢
  43. Principle 98The Court of First Instance’s final-instance monetary threshold. 5,000 dinars. - Assessment of the value of the action. The criterion therefor. - Actions brought seeking relief incapable of valuation are deemed to exceedPleadings — Part Two · Source page ٢٢
  44. Principle 99The court of first instance's omission to adjudicate a claim through error or oversight. The means of seeking adjudication thereof is to return to the same court to hear and determine it. - 22 - ProcedurePleadings — Part Two · Source page ٢٢
  45. Principle 100A judicial claim. A procedure directed to the court against the opposing party by which the scope of the action is defined. - Permissibility of the subject matter of the original claim remaining unchanged while its causePleadings — Part Two · Source page ٢٣
  46. Principle 101Reconsideration, for a second time before the Court of Appeal, of the case decided by the court of first instance. It is the fundamental pillar of the two-tier litigation system. Example.Pleadings — Part Two · Source page ٢٣
  47. Principle 102The circumstances in which a judge is disqualified from considering the case and prohibited from hearing it even if none of the litigants seeks his recusal. Their nature. The judge's act is void in those circumstances evPleadings — Part Two · Source page ٢٣
  48. Principle 103The defence that an action may not be heard owing to the passage of time. It may not be waived before the right thereto has arisen.Pleadings — Part Two · Source page ٢٣
  49. Principle 104A judicial claim is a procedure addressed to the court against the defendant, by which the scope of the action is determined, both for the parties and for the judge. An example.Pleadings — Part Two · Source page ٢٣
  50. Principle 105The objection that proof by witness testimony is inadmissible in circumstances requiring proof in writing. Does not pertain to public order. The implication thereof. It must be raised before the hearing of witness testimPleadings — Part Two · Source page ٢٣
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