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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. الإعلان بالنسبة لصحف الطعون بالتمييز

    Principle 2813A cassation appeal is deemed brought from the date its petition is filed with the registry. - Nullity of service does not affect the appeal, and the defect in service may be rectified without filing a new petition. - NulPleadings — Part Two · Source page ٥٤١
  2. Principle 2814Cassation appeal. Its exclusion from the scope of application of the sanction deeming the appeal never to have been brought, the application of which is confined to actions and appeals if the defendant or respondent has Pleadings — Part Two · Source page ٥٤١
  3. Principle 2815A cassation appeal. Deemed brought from the date its petition is deposited with the Registry within the prescribed time, satisfying the formal requirements prescribed by law. Effect thereof. Invalidity or delay of servicPleadings — Part Two · Source page ٥٤١
  4. Principle 2816The condition for ruling that a procedural act is void. That its nullity result in prejudice to the opposing party. - Nullity of service of the cassation appeal petition. Establishment that the respondent submitted a memPleadings — Part Two · Source page ٥٤١
  5. Principle 2817A cassation appeal is considered brought from the date its petition is filed, without regard to the time when it is served on the respondent. Effect thereof. Invalidity of service does not affect the appeal. Implication Pleadings — Part Two · Source page ٥٤٢
  6. Principle 2819Appeals in cassation are distinguished by procedures specifically prescribed for them by the legislature. Its implication. Their exclusion from the scope of application of the sanction of deeming an appeal never to have Pleadings — Part Two · Source page ٥٤٢
  7. Principle 2820A cassation appeal. Deemed brought from the date the petition is deposited with the Registry, satisfying the formal requirements prescribed by law. Invalidity or delay of service. Has no effect on an appeal validly instiPleadings — Part Two · Source page ٥٤٢

  8. إيداع الصحيفة إجراء مستقل عن إعلانها وبطلان أحدهما لا يبطل الآخر

    Principle 2821A cassation appeal. Is considered brought from the date of depositing the petition with the Registry Department, irrespective of when it is served upon the respondent. The implication thereof. Nullity of service has no ePleadings — Part Two · Source page ٥٤٢

  9. بيانات الإعلان

    Principle 2823The procedure for instituting an action is completed by submitting its statement of claim to the registry. Its effect. The effects of a judicial demand arise. - Service of the statement of claim is an independent proceduPleadings — Part Two · Source page ٥٤٣
  10. Principle 2824Form is a means of achieving an objective accomplished by observance of that form. Achievement of the objective despite absence of the form. Its effect. Absence of harm, so invalidity is not declared. Example. - The partPleadings — Part Two · Source page ٥٤٣
  11. Principle 2825Absence of harm to the party as a result of the procedure. Its effect. No ruling of nullity. - Inclusion of the process server's name and signature in the original statement of claim. Its sufficiency to verify his capaciPleadings — Part Two · Source page ٥٤٣
  12. Principle 2826A challenge alleging invalidity of service of the statement of claim because it was served at a friend's residence and lacked particulars. Inadmissible, so long as the judgment did not rely on that service in its ruling.Pleadings — Part Two · Source page ٥٤٣
  13. Principle 2827What is relied upon in determining whether the service document contains the particulars required for its validity. The court's reference to its original. - 543 - Civil Procedure - The requirement to state the process sePleadings — Part Two · Source page ٥٤٣
  14. Principle 2828The notice of service of the statement of claim containing all the particulars set out in Article 153 of the Code of Procedure. Its sufficiency as a statement of the subject matter of service.Pleadings — Part Two · Source page ٥٤٤
  15. Principle 2829Service of judicial documents. The general rule is that it comes to the certain knowledge of the person served through delivery of its copy to him. The exception. Sufficiency of presumptive knowledge in some cases througPleadings — Part Two · Source page ٥٤٤
  16. Principle 2831Delivery of the copy for service to the administrative authority. The person served must be notified by registered letter. Recording this in the original document of service, but not its copy, is sufficient. The reason tPleadings — Part Two · Source page ٥٤٤
  17. Principle 2833Service on the intended recipient through someone who states that he is one of his employees, without recording the intended recipient's absence at the time of service. Its implication. Nullity of service. Declaration ofPleadings — Part Two · Source page ٥٤٥

  18. حجية ورقة الإعلان

    Principle 2834The general rule for service is delivery to the person himself, at his domicile, or at his workplace. The place being neither the domicile nor the workplace of the person to be served. Its consequence. The process serverPleadings — Part Two · Source page ٥٤٥
  19. Principle 2835The service document is an official instrument whose recorded contents the law has endowed with absolute evidentiary force unless its forgery is established. Mere disputation of the correctness of what is recorded thereiPleadings — Part Two · Source page ٥٤٥
  20. Principle 2836The record of service is an official instrument having absolute evidentiary force unless its particulars are shown to be forged.Pleadings — Part Two · Source page ٥٤٥
  21. Principle 2837The inability of a person alleging forgery of service upon him of the statement of claim to prove it does not entail the validity of that service. The reason - 545 - Civil Procedure therefor. The scope and purpose of a cPleadings — Part Two · Source page ٥٤٥
  22. Principle 2838Proving service of notice of the hearing or challenging its validity upon denial. The sole means of doing so is the original document.Pleadings — Part Two · Source page ٥٤٦
  23. Principle 2839The accuracy of particulars recorded in the service document may not be disputed except by a challenge alleging forgery. Failure to do so. Effect. A legal defence intertwined with facts may not be invoked for the first tPleadings — Part Two · Source page ٥٤٦
  24. Principle 2840The original service document containing the particulars required by law and the recipient signing that original without reservation. Its effect. The copy is considered identical to the original, necessarily entailing thPleadings — Part Two · Source page ٥٤٦
  25. Principle 2841The service document. An official instrument having absolute evidentiary force unless its forgery is established. - Assessment of the evidence relied upon to establish or negate forgery of the document. Within the authorPleadings — Part Two · Source page ٥٤٦
  26. Principle 2842The document of service is an official instrument. The effect thereof. The law confers absolute evidentiary force on what is recorded therein. - Contesting the correctness of what is established in the original document Pleadings — Part Two · Source page ٥٤٦
  27. Principle 2844The service report. An official instrument whose evidentiary force is absolute unless its forgery is established. Establishing whether service occurred. A question of fact.Pleadings — Part Two · Source page ٥٤٧
  28. Principle 2845The principle governing service of judicial documents is that they come to the knowledge of the recipient. The legislature's acceptance of presumptive knowledge in certain cases through service at the recipient's domicilPleadings — Part Two · Source page ٥٤٧
  29. Principle 2847The document of service is an official instrument possessing absolute evidentiary authority. Disputing the accuracy of what is recorded therein is inadmissible so long as its forgery has not been established.Pleadings — Part Two · Source page ٥٤٧
  30. Principle 2848The service document is an official instrument to which the law accords conclusive evidentiary authority regarding matters recorded therein that its author performed within the limits of his duties, unless its forgery isPleadings — Part Two · Source page ٥٤٧
  31. Principle 2849Procedures the process server must follow concerning delivery of the service document to the administrative authority. Article 9 of the Code of Procedure. The burden of proof rests on the debtor served if he alleges, conPleadings — Part Two · Source page ٥٤٧

  32. الإجراءات التي يتبعها القائم بالإعلان

    Principle 2850The copy for service of judicial documents is delivered to the person to be served, or at his domicile, workplace, or elected domicile. Impossibility thereof. Its necessary consequence. Delivery thereof to the Public ProPleadings — Part Two · Source page ٥٤٧
  33. Principle 2851The process server's omission to record the capacity of the person who received the papers, or omission to record that the person who received them resides with the intended recipient of service. Its effect. Invalidity oPleadings — Part Two · Source page ٥٤٨
  34. Principle 2852The particulars entered by the process server in the record of service indicate that the server followed the rules prescribed by law. Effect thereof. Validity of service.Pleadings — Part Two · Source page ٥٤٨
  35. Principle 2853The requirement to state the name of the person to whom service was delivered and obtain his signature on the original applies where a copy of the document of service is delivered to the person addressed, except where hePleadings — Part Two · Source page ٥٤٨
  36. Principle 2854Stating the name of the recipient of service and his signature on the original acknowledging receipt. The case to which it applies. Delivery of the copy to the person addressed, not where he refuses to receive it. Basis Pleadings — Part Two · Source page ٥٤٨
  37. Principle 2855The time limit for challenging a judgment. The general rule as to its commencement. From the date of its issuance. When it runs from the date of service on the party against whom judgment was rendered. - Service and deliPleadings — Part Two · Source page ٥٤٨
  38. Principle 2856The rules prescribed by law to ensure that the copy reaches the recipient of service. The process server's compliance with them. Its effect. The effects of service arise, including the presumption that the copy reached hPleadings — Part Two · Source page ٥٤٩
  39. Principle 2857The process server delivering the copy to the administrative authority. He must send a registered letter to the person served. It suffices that he state this on the original service document, not its copy. The reason thePleadings — Part Two · Source page ٥٤٩
  40. Principle 2858The steps imposed on the process server when the intended recipient is absent or a person to whom the copy may validly be delivered refuses it. Failure to follow them. Necessarily entails nullity. An example.Pleadings — Part Two · Source page ٥٤٩
  41. Principle 2859The copy for service must be delivered to one of the spouses, relatives, or relatives by marriage residing with the person to be served when he is not present at his domicile. - Delivery of the copy for service to the poPleadings — Part Two · Source page ٥٤٩
  42. Principle 2860The person addressed refusing to receive the service copy. The obligation to deliver it on the same day to the officer in charge of the police station or his substitute and to send a registered letter by post to the reciPleadings — Part Two · Source page
  43. Principle 2861Absence of the person to be served from the domicile or workplace, or refusal by the person found there to receive or sign for receipt. The steps the process server must then take. Article 9/4 of the Civil Procedure Law.Pleadings — Part Two · Source page
  44. Principle 2862Delivery of copies of service documents addressed to private legal persons. How it is effected. - The process server is not required to verify the identity of the person receiving the copy. Condition thereof.Pleadings — Part Two · Source page
  45. Principle 2863Service on the officer in charge of the police station or the person acting in his place. Recording evidence that the registered letter was sent is sufficient, without requiring the registered-mail receipt to be attachedPleadings — Part Two · Source page
  46. Principle 2864The workplace at which service is recognized: the place where a person engages in trade or a craft or manages his assets. Ascertaining it. A matter of fact within the exclusive discretion of the trial court. The conditioPleadings — Part Two · Source page
  47. Principle 2865The procedure the process server must follow if he does not find the person to be served at his workplace. Its nature.Pleadings — Part Two · Source page
  48. Principle 2866In the absence of the person to be served, the process server must deliver the copy to his agent, servant, or any spouse, relative, or relative by marriage residing with him. Necessity of recording all steps taken to effPleadings — Part Two · Source page
  49. Principle 2867Service of judicial papers. The general rule therein. - Presumed knowledge and constructive knowledge. The person effecting service recording in his report what indicates his compliance with the rules prescribed by law tPleadings — Part Two · Source page
  50. Principle 2868Service at the workplace is permissible. Requirements for its validity. Absence of the intended recipient. This necessitates delivery of the copy to a person declaring that they are among those managing the workplace or Pleadings — Part Two · Source page
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