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. استنفاد الولاية

    Principle 1831The court of first instance exhausting its jurisdiction upon upholding the plea that the action may not be heard. Its effect. - The court of second instance may determine the merits of the action when ruling to set asidePleadings — Part Two · Source page ٣٣٣
  2. Principle 1832A ruling nullifying an arbitral award results in the court considering the merits determined by that award. - The action must be remitted to the court of first instance whenever the challenged judgment is declared void. Pleadings — Part Two · Source page ٣٣٣
  3. Principle 1833Nullity of a judgment which does not extend to the originating statement of claim, and upon whose issuance the court of first instance exhausts its jurisdiction. Its effect. The Court of Appeal may go beyond declaring itPleadings — Part Two · Source page ٣٣٤
  4. Principle 1834A plea that a procedural step required by law was not taken. A procedural plea. The court does not thereby exhaust its jurisdiction. The consequence thereof. Example. - The principle of litigation at two levels. Its connPleadings — Part Two · Source page ٣٣٤
  5. Principle 1835The binding authority of a judgment. It attaches to what the court has adjudicated expressly or implicitly, whether in the operative part or the reasons connected with it. Matters not actually examined by the court. TheyPleadings — Part Two · Source page ٣٣٤
  6. Principle 1836A ruling by the court of first instance that the action is inadmissible for reasons relating to its merits. It thereby exhausts its adjudicative authority. Its implication: where the Court of Appeal sets it aside, it musPleadings — Part Two · Source page ٣٣٤
  7. Principle 1837The court of first instance exhausting its jurisdiction by determining the merits of the action. Appeal against that judgment. Its effect: the claims, pleas, and grounds of defence contained in the action are deemed submPleadings — Part Two · Source page ٣٣٤
  8. Principle 1838Rendering a judgment. Its effect: the court that rendered it exhausts its jurisdiction to determine the dispute, and it may not be amended or set aside except through the prescribed avenues of challenge.Pleadings — Part Two · Source page ٣٣٥

  9. قفل باب المرافعة في الدعوى

    Principle 1840The court's determination of the matter before it by a conclusive ruling. Its consequence. Exhaustion of its jurisdiction concerning it. It may not adjudicate it anew. - 335 - Procedure Closing pleadings in the actionPleadings — Part Two · Source page ٣٣٥
  10. Principle 1842A defence contained in a memorandum submitted after the action was reserved for judgment and for which no leave had been granted. Disregarding it is not a defect.Pleadings — Part Two · Source page ٣٣٦
  11. Principle 1843Closure of argument in the action. Its effect. Courts are prohibited from hearing a litigant or his representative in the absence of his opponent, or from accepting documents or memoranda before the other litigant has exPleadings — Part Two · Source page ٣٣٦

  12. إعادة الدعوى إلى المرافعة

    Principle 1844The respondent may lodge an incidental appeal until the close of pleadings. Its condition. No acquiescence in the judgment after the principal appeal has been lodged. - Failure to appeal the judgment within the time limiPleadings — Part Two · Source page ٣٣٦
  13. Principle 1845The court’s enabling a litigant to present his defence and granting his request to adjourn the action. Its refusal to grant his request to reopen the action for argument to submit a new document. No defect.Pleadings — Part Two · Source page ٣٣٧
  14. Principle 1847A request to reopen the action for argument to submit documents or memoranda. Within the court’s unfettered discretion. It is not considered a plea or defence submitted to it. Its effect.Pleadings — Part Two · Source page ٣٣٧
  15. Principle 1848Reserving the action for judgment after the litigant has completed his defence, without permission to submit documents. Reopening the action for oral argument to submit documents. Within the court's discretion. The courtPleadings — Part Two · Source page ٣٣٧
  16. Principle 1849Reopening the case for oral argument after reserving it for judgment and the conclusion of argument therein. Within the court's unrestricted discretion. The judgment's disregard thereof. Does not vitiate it.Pleadings — Part Two · Source page ٣٣٧
  17. Principle 1850Assessment of the seriousness of a request to reopen the action for pleadings. For the court of merits. It may reject this request if it considers the elements of the action sufficient to form its conviction.Pleadings — Part Two · Source page ٣٣٧
  18. Principle 1851Completion of a party’s defence in the action and reservation of the action for judgment. Failure to grant his request to reopen the action for pleadings. Does not render the judgment defective for inadequate reasoning oPleadings — Part Two · Source page ٣٣٧
  19. Principle 1852A request to reopen the case for oral argument to submit documents or memoranda. Failure to grant it. No defect. The reason therefor. - 337 - ProcedurePleadings — Part Two · Source page ٣٣٧
  20. Principle 1853A request to reopen proceedings for argument in order to repeat the evidentiary investigation. The court is not obliged to grant it.Pleadings — Part Two · Source page ٣٣٨
  21. Principle 1855Reserving the action for judgment without authorizing the submission of memoranda or documents. No fault lies with the court if it disregards memoranda and documents submitted during the period reserved for judgment. ReoPleadings — Part Two · Source page ٣٣٨
  22. Principle 1856A request to reopen the case for argument. It is not considered a plea or defence in the case. Granting or refusing it is within the unfettered discretion of the court of merits.Pleadings — Part Two · Source page ٣٣٨
  23. Principle 1857Once the court reserves the action for judgment, the litigants’ connection with it ceases except to the extent permitted by the court. A defence submitted without leave: the court is not at fault if it disregards it. ExaPleadings — Part Two · Source page ٣٣٨
  24. Principle 1858A request to reopen argument in the case. Granting it. Within the unfettered discretion of the court of merits.Pleadings — Part Two · Source page ٣٣٨
  25. Principle 1859The decision to reopen pleadings in the action. It is deemed notice of the new date. Its condition is that the hearings proceed in an uninterrupted sequence. If the sequence is interrupted, the litigants must be notifiedPleadings — Part Two · Source page ٣٣٨
  26. Principle 1860Reserving the case for judgment after the litigants have completed their defence. Its implication. Their connection with it is severed except to the extent permitted by the court. No fault attaches to the court for excluPleadings — Part Two · Source page ٣٣٨
  27. Principle 1861An application to reopen the action for pleadings. Granting it falls within the unfettered discretion of the court of merits. Its failure to grant it does not constitute an infringement of the right of defense.Pleadings — Part Two · Source page ٣٣٩
  28. Principle 1862Reopening the action for argument to submit documents. Within the unfettered discretion of the court of merits. Failure to refer to this request. No deficiency or infringement of the right of defence.Pleadings — Part Two · Source page ٣٣٩
  29. Principle 1864A request to reopen the case for argument after it has been reserved for judgment, by submitting documents or memoranda, is not a plea or a defense. The court of merits may assess it. Its failure to grant it. No defect.Pleadings — Part Two · Source page ٣٣٩
  30. Principle 1865Assessment of whether to grant or refuse a request to reopen the case for argument. Within the authority of the court of merits. The court's failure to examine this request and the document attached thereto or to refer tPleadings — Part Two · Source page ٣٣٩
  31. Principle 1866Reserving the action for judgment after the conclusion of pleadings therein. A request to reopen pleadings is neither a plea nor a defence therein. Granting it lies within the unfettered discretion of the court of meritsPleadings — Part Two · Source page ٣٣٩
  32. Principle 1867A request to reopen the case for argument. The court’s declining to grant it. No defect.Pleadings — Part Two · Source page ٣٣٩
  33. Principle 1868A request to reopen the case for oral argument. The court is not obliged to grant it. Disregarding it or omitting reference to it. Does not vitiate the judgment.Pleadings — Part Two · Source page ٣٣٩
  34. Principle 1869A request to reopen pleadings. The court of merits is not obliged to grant it, as it is among discretionary matters whose disregard does not vitiate its judgment. - 339 - Civil ProcedurePleadings — Part Two · Source page ٣٣٩
  35. Principle 1870A request to reopen pleadings in the action. Disregarding it does not vitiate the judgment. The effect of that. The defense contained therein is not before the court, and the court is not obliged to address it or refer tPleadings — Part Two · Source page ٣٤٠
  36. Principle 1871A request to reopen proceedings for argument. Granting it falls within the authority of the court of merits. The court’s acceptance of papers or memoranda from one party during deliberations without allowing the other paPleadings — Part Two · Source page ٣٤٠
  37. Principle 1872Application to reopen oral proceedings in the action. Granting or refusing it. Within the unfettered discretion of the court of the merits.Pleadings — Part Two · Source page ٣٤٠
  38. Principle 1873Assessment of whether to grant a request for adjournment to submit documents or to reopen the case for pleadings falls within the trial court’s authority. The court’s disregard of this request. No inadequacy.Pleadings — Part Two · Source page ٣٤٠
  39. Principle 1874The case papers containing nothing indicating that the appellant submitted an application to reopen oral proceedings. His objection in this regard. Incorrect.Pleadings — Part Two · Source page ٣٤٠
  40. Principle 1875The plaintiff's obligation, when filing the statement of claim, to submit documents supporting his action and an explanatory memorandum. The same rule applies to appeals. - Reopening argument in the action after it has bPleadings — Part Two · Source page ٣٤٠
  41. Principle 1876Establishment that the request to reopen the action for pleadings and the defence it contained were submitted after the judgment was issued. Treating it as a defence not placed before the court.Pleadings — Part Two · Source page ٣٤٠
  42. Principle 1877A request to reopen pleadings in the action. Assessment of its seriousness. Within the authority of the court of merits. The condition thereof. - 340 - ProcedurePleadings — Part Two · Source page ٣٤٠
  43. Principle 1878Submission of a document during the period when the action is reserved for judgment without permission to submit it. The judgment is not defective for disregarding it. - Granting a request to reopen oral argument. This fPleadings — Part Two · Source page ٣٤١
  44. Principle 1879Granting or rejecting a request to reopen the action for pleadings. Within the unfettered discretion of the court of merits. - Closing pleadings in the action. Its effect. Courts are prohibited from hearing one of the liPleadings — Part Two · Source page ٣٤١
  45. Principle 1880Granting a litigant's request to adjourn consideration of the case or reopen it for pleadings after it has been reserved for judgment. Within the unfettered discretion of the court of merits. Its disregarding this requesPleadings — Part Two · Source page ٣٤١
  46. Principle 1881A decision reopening the action for pleadings. It need not be served on the parties. Its condition. Their attendance at any of the preceding hearings or submission of memoranda of their defense, with those present being Pleadings — Part Two · Source page ٣٤١
  47. Principle 1882The rule prohibiting proof by witness testimony in cases requiring written proof. It is not one of the Sharia rules of evidence. Consequence thereof. It may not be invoked in personal status matters. - Conclusion of the Pleadings — Part Two · Source page ٣٤١
  48. Principle 1883A request to reopen the action for argument. It is not a right of the litigants. Its import: the assessment of whether to grant it belongs to the court of merits. - 341 - Civil ProcedurePleadings — Part Two · Source page ٣٤١
  49. Principle 1884Granting or refusing a request to reopen the case for argument. Within the unfettered discretion of the court of merits. - Closing argument in the case. Its effect. The court is prohibited from hearing a litigant or his Pleadings — Part Two · Source page
  50. Principle 1885Granting or refusing a request to reopen the case for argument. Within the unfettered discretion of the trial court. Adjournment of the casePleadings — Part Two · Source page
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