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. رابعاً: إعلان صحيفة الدعوى وبدء المواجهة بين الخصوم

    Principle 1466Where the person to be served is absent, the person effecting service must deliver the copy to his agent, servant, or spouses, relatives, or relatives by marriage residing with him. The necessity of recording all steps tPleadings — Part Two · Source page ٢٦٩
  2. Principle 1467Service at the workplace. What is required for its validity. Absence there of the person to be served. The copy must be delivered to a person who states that he is among those managing it or working there, and the personPleadings — Part Two · Source page ٢٦٩
  3. Principle 1468Service of the statement of claim is a necessary procedure for the constitution of the proceedings. The reason therefor. Proceedings are conditional upon valid service of the statement filed with the Registry Department.Pleadings — Part Two · Source page ٢٦٩
  4. Principle 1469The process server’s compliance with the procedures prescribed in Article 9 of the Law of Procedure. A presumption of the addressee’s knowledge of the service. Its condition. That the notification stating that a copy of Pleadings — Part Two · Source page ٢٧٠
  5. Principle 1470Domicile pursuant to Article 13 of the Procedure Law. Its definition. - A person may have more than one domicile. A place of residence legally regarded as a domicile. Service there is valid. Its ascertainment. A matter oPleadings — Part Two · Source page ٢٧٠
  6. Principle 1471Constitution of proceedings. Their validity requires that they be initiated by a litigant or directed against a litigant having capacity to be a party and to litigate at their commencement or upon appeal of the judgment Pleadings — Part Two · Source page ٢٧٠
  7. Principle 1472Proceedings commencing with the filing of the statement of claim with the registry remain conditional upon its valid service on the defendant. Failure to satisfy this condition until issuance of the first-instance judgmePleadings — Part Two · Source page ٢٧٠
  8. Principle 1473Regulating service procedures and specifying the conditions for their validity. Its purpose. Realization of the adversarial principle between litigants. That purpose being achieved through a defective procedure or withouPleadings — Part Two · Source page ٢٧٠
  9. Principle 1475Valid service of the statement of claim. Its necessity for the constitution of proceedings between the parties. The reason therefor. Fulfilment of the adversarial principle between the litigants. Failure thereof until dePleadings — Part Two · Source page ٢٧١
  10. Principle 1476The plea of invalidity of service of the statement of claim and the plea that the action or appeal be deemed as never having been brought. Both are formal pleas concerning procedure. They must be raised before addressingPleadings — Part Two · Source page ٢٧١
  11. Principle 1479Investigating the habitual place of residence which the law regards as a domicile where service may validly be effected, and establishing or denying that service occurred. A question of fact. Its assessment is exclusivelPleadings — Part Two · Source page ٢٧٢
  12. Principle 1480Statements of claim, appeals, and judgments concerning government entities and public institutions. They must be served at the headquarters of the Department of Legal Advice and Legislation. Article 10 of the Code of ProPleadings — Part Two · Source page ٢٧٢

  13. خامساً: إعلان المذكرات والمستندات

    Principle 1481Filing the statement of claim. A condition for commencing litigation. Its constitution depends on service thereof. The reason therefor. Giving effect to the principle of confrontation between the parties. Its consequencePleadings — Part Two · Source page ٢٧٢

  14. سادساً: ضم الدعاوى وإحالتها للارتباط

    Principle 1482Memoranda submitted after the action has been reserved for judgment must be served on the opposing party. Sixth: Consolidation of actions and their referral on grounds of connection:-Pleadings — Part Two · Source page ٢٧٢
  15. Principle 1483Consolidation of actions. Its purpose. Their determination by one court. The judge is not bound by a particular order in determining them.Pleadings — Part Two · Source page ٢٧٢
  16. Principle 1484Consolidation of actions. Its condition is the existence of a connection making the determination of one affect the manner of judgment in the other and leading to conflicting judgments. Ascertainment thereof. A matter ofPleadings — Part Two · Source page ٢٧٢
  17. Principle 1485The connection between actions requiring their presentation in a single proceeding. Its definition. - Assessing whether the proper administration of justice calls for hearing certain pending actions at a single hearing aPleadings — Part Two · Source page ٢٧٣
  18. Principle 1486Referral of an action from one court to another on grounds of connection does not require identity of subject matter, cause, or parties. It is sufficient that a connection exists between the two actions such that determiPleadings — Part Two · Source page ٢٧٣
  19. Principle 1487Two actions identical in parties, subject matter, and cause. The effect of their consolidation is their merger and the loss of each one's independence. Its implication. An appeal against the judgment rendered in one of tPleadings — Part Two · Source page ٢٧٣
  20. Principle 1489Consolidation of actions before one court. Its condition. Assessment thereof. Within the authority of the court of merits.Pleadings — Part Two · Source page ٢٧٣
  21. Principle 1490The existence of a connection between actions. Its criterion. And its conditions. - Assessment of the existence of a connection between actions. Within the authority of the court of merits, provided it bases its ruling oPleadings — Part Two · Source page ٢٧٣
  22. Principle 1491Consolidation of actions for connectedness. Its condition. - Assessment of the existence of connectedness between actions falls within the authority of the court of merits, provided it is reasonable. - 273 - Civil ProcedPleadings — Part Two · Source page ٢٧٣
  23. Principle 1492Consolidating two actions differing in cause and subject matter for joint consideration does not result in their merger or in either losing its independence, unless the subject matter of the claim in each is the same, thPleadings — Part Two · Source page ٢٧٤
  24. Principle 1493Failure to join the grievance action to the action for validation of the attachment, or to stay it pending determination of that action. Does not vitiate the judgment. The basis thereof.Pleadings — Part Two · Source page ٢٧٤
  25. Principle 1494Consolidating two actions differing in cause and subject matter does not result in their merger and the loss of each action’s independence unless one constitutes a means of defence in the other.Pleadings — Part Two · Source page ٢٧٤
  26. Principle 1495Joinder of one action to another on grounds of connection does not require identity of subject matter, cause, or parties. It is sufficient that a connection exists between the two actions such that determination of one aPleadings — Part Two · Source page ٢٧٤
  27. Principle 1497Consolidation of actions brought before one court. Its condition. The existence of a connection between them such that determination of one affects the other actions. The rationale: avoiding contradictory judgments. AssePleadings — Part Two · Source page ٢٧٤
  28. Principle 1498Consolidating two actions differing in cause and subject matter. Does not cause either to lose its independence from the other. Consolidation resulting in their being considered a single proceeding. Its instances. - 274 Pleadings — Part Two · Source page ٢٧٤
  29. Principle 1499Establishment that the dispute in the three actions constituted a single aspect without independence. The challenged judgment's failure to perceive this and its conclusion that the appellant's appeal was confined to the Pleadings — Part Two · Source page ٢٧٥
  30. Principle 1500Consolidation of two actions differing in cause and subject matter. It does not entail either losing its independence, even if the parties to both are identical. Establishment that the second action is a means of defencePleadings — Part Two · Source page ٢٧٥
  31. Principle 1501Assessment of the connection between two actions. Within the authority of the court of merits. The two actions must be consolidated whenever a connection is found between them that makes determination of one affect the oPleadings — Part Two · Source page ٢٧٥
  32. Principle 1502Judgments rendered during the course of litigation, of whatever kind, before the final judgment terminating it is rendered. They may not be appealed independently. The exception. Article 128 of the Procedure Law. - The lPleadings — Part Two · Source page ٢٧٥

  33. سابعاً: إحالة الدعوى إلى المحكمة المختصة

    Principle 1503Consolidation of actions brought before a single court. Its condition. The existence of a connection between them such that deciding one affects the disposition of the other, so that deciding each independently would leaPleadings — Part Two · Source page ٢٧٥

  34. ثامناً: الوكالة بالخصومة في الدعوى

    Principle 1504Referral of the action to the competent court. Its effect. Recognition of procedural steps validly taken. The litigants’ obligation to observe the hearing dates of the court to which the action is referred. Example. EighPleadings — Part Two · Source page ٢٧٦
  35. Principle 1505The right of recourse to the courts. Its suitability as the subject of an agency contract. Dispute over the validity of the agent's representation of his principal. A dispute as to standing governed by the plea of inadmiPleadings — Part Two · Source page ٢٧٦
  36. Principle 1506A lawyer represents only the person whose representation he has expressly accepted and for whom he has established his authority before the court. Such representation does not extend to other parties, even if the lawyer Pleadings — Part Two · Source page ٢٧٦
  37. Principle 1507Representation of litigants before the courts. The rule is that it is reserved to lawyers alone. The exception. Spouses, children and relatives up to the fourth degree may be deputized in pleading procedures. Signing notPleadings — Part Two · Source page ٢٧٦
  38. Principle 1508The court's hearing of one litigant or his representative in the absence of his opponent, or its acceptance of documents or memoranda after the close of pleadings without allowing the other litigant to inspect them. ImpePleadings — Part Two · Source page ٢٧٦
  39. Principle 1509The litigants’ right to present a new defence before the Court of Appeal even if it was not previously raised before the court of first instance.Pleadings — Part Two · Source page ٢٧٧
  40. Principle 1510A litigant's presentation of his defense in a particular manner without restriction by the court before which the dispute is brought. A subsequent complaint against it of infringement of his right of defense is impermissPleadings — Part Two · Source page ٢٧٧
  41. Principle 1511The court’s reserving the action for judgment after it is ready for determination and after affording the litigants an opportunity to present their defence. No infringement of the right of defence. Example.Pleadings — Part Two · Source page ٢٧٧
  42. Principle 1513The plaintiff is prohibited from making new claims or amending his original claims at a hearing from which his opponent is absent, unless the amendment is exclusively in the defendant's interest and does not affect any oPleadings — Part Two · Source page ٢٧٧
  43. Principle 1514The parties’ submission of their action before the judge their action before the judge. Its necessary implication. His determination thereof in accordance with the provisions of the law.Pleadings — Part Two · Source page ٢٧٧
  44. Principle 1515The legislature's regulation of the rules governing representation in litigation. The general principle therein is to confine the right to represent litigants before courts to lawyers alone. Exception: the right to appoiPleadings — Part Two · Source page ٢٧٧

  45. تاسعاً: إجراءات نظر الدعوى وإثباتها

    Principle 1517The plaintiff's absence or attendance. Does not prevent the court from hearing and deciding the action. Nor does it prejudice any interest of the defendant. The latter's contention before the Court of Cassation that the Pleadings — Part Two · Source page ٢٧٨
  46. Principle 1519A party joined to compel production of a document in his possession. Not a true litigant. The consequence thereof. The oath tendered to him concerning the document. Not a decisive oath. The reason therefor. - A decisive Pleadings — Part Two · Source page ٢٧٨
  47. Principle 1520The decision to close the criminal case because it has lapsed owing to the accused's death. Has no binding authority in establishing the fault giving rise to tort liability. It may be relied upon as circumstantial evidenPleadings — Part Two · Source page ٢٧٨
  48. Principle 1521Notifying the litigants of the expert’s filing of his report and of the scheduled hearing. Its effect. Termination of the litigants’ exemption from attending hearings while the expert performs his task. Failure to notifyPleadings — Part Two · Source page ٢٧٩
  49. Principle 1522Evidence in the action must be submitted to the court of merits. The task of the Court of Cassation is confined to examining what was presented to the court of merits, not what had not previously been presented to it. ThPleadings — Part Two · Source page
  50. Principle 1523Submission of memoranda during the period in which the action is reserved for judgment. Its condition. It must occur within the time limit it specified. Submission thereafter. The court may deem them not submitted.Pleadings — Part Two · Source page
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