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. الإعلان في مواجهة النيابة العامة

    Principle 2998Service through the Public Prosecution. An exception that is valid only after thorough inquiries. The nature of these inquiries. - Assessment of the sufficiency of inquiries depends upon the circumstances of each case anPleadings — Part Two · Source page ٥٧٤
  2. Principle 2999Service through the Public Prosecution. Condition for its validity. - Absence from the document served through the Prosecution of the particulars which the law requires it to contain, or their incompleteness. Its effect.Pleadings — Part Two · Source page ٥٧٤
  3. Principle 3000Service upon the Public Prosecution. When it is valid. Assessment of the adequacy of the inquiries preceding service. A matter for the court of fact. Example of the adequacy of the steps taken to resort to this method.Pleadings — Part Two · Source page ٥٧٤
  4. Principle 3001Service of judicial documents upon the Public Prosecution. An exception that may not validly be resorted to until sufficient and accurate inquiries have been conducted to ascertain the residence of the person to be servePleadings — Part Two · Source page ٥٧٤
  5. Principle 3002Service of judicial documents. Its manner. - Inquiries into the domicile of the person to be served. They fall upon the person requesting service. His inability to do so. Not - 574 - Civil Procedure deemed force majeure.Pleadings — Part Two · Source page ٥٧٤
  6. Principle 3004Service of judicial papers on the Public Prosecution. An exception. Recourse thereto. Its condition: conducting sufficient inquiries to ascertain the place of residence of the recipient of service. Return of the documentPleadings — Part Two · Source page ٥٧٥
  7. Principle 3005Service through the Public Prosecution. An exception. Its condition: the party requesting service must conduct sufficient inquiries into the residence or workplace of the intended recipient. Assessment of the sufficiencyPleadings — Part Two · Source page ٥٧٥
  8. Principle 3006The copy for service of judicial documents is delivered to the person to be served personally, at their domicile, at their workplace, or at their elected domicile. Impossibility thereof. Its necessary consequence. DelivePleadings — Part Two · Source page ٥٧٥
  9. Principle 3007Service through the Public Prosecution. Its cases. Condition for its validity. The applicant for service must conduct the sufficient, precise inquiries required of every diligent good-faith inquirer and called for by thePleadings — Part Two · Source page ٥٧٦

  10. إعلان المسجونين

    Principle 3008Service upon the debtor of the payment order and the petition seeking its issuance. It must be completed within six months from the date of its issuance. Failure to complete valid service within this time limit. Its effePleadings — Part Two · Source page ٥٧٦

  11. الإعلان بالطريق الدبلوماسي

    Principle 3009Prisoners. They must be served through the prison director. Article 10 of the Law of Procedure. Contravention thereof. Its effect. Invalidity of service. The condition therefor. The party requesting service must know witPleadings — Part Two · Source page ٥٧٦
  12. Principle 3011Service upon a person residing abroad under the former Code of Civil Procedure. When it produces its effect.Pleadings — Part Two · Source page ٥٧٧

  13. الإعلان بطريق اللصق

    Principle 3013The existence of a known domicile abroad for the person to be served. Its import. The documents are delivered to the Public Prosecution for forwarding to Foreign Affairs for delivery through diplomatic channels. The timePleadings — Part Two · Source page ٥٧٧
  14. Principle 3014A judgment finding a plea of unconstitutionality to lack seriousness. It is challenged before the Appeals Examination Committee of the Constitutional Court, not before the Court of Cassation. An example concerning a chalPleadings — Part Two · Source page ٥٧٧

  15. التزام الخصم بإعلان خصمه بتغير موطن الإعلان وجزاء التخلف عن ذلك

    Principle 3015Service upon the tenant by affixing. An exception to the general rules for service of judicial documents. Its rationale. - Directing service of the statement of claim to the tenant at the leased premises. Its completion Pleadings — Part Two · Source page ٥٧٧
  16. Principle 3016Validity of service on a party at his domicile recorded in the papers necessary for the progress of the action, even if he has changed that domicile, so long as he has not informed his opponent of the new domicile. BasisPleadings — Part Two · Source page ٥٧٨

  17. جزاء تخلف الإعلان أو التراخي في إتمامه إهمالاً أو عمداً

    Principle 3017A litigant's cancellation of the domicile at which the papers in the action may be served upon him. Its effect. He must expressly notify his opponent thereof, otherwise service upon him there is valid. A litigant's mere Pleadings — Part Two · Source page ٥٧٨
  18. Principle 3018The plea that the action be deemed as never having been brought for failure to summon the defendant to appear within ninety days the statement of claim is submitted to the Registry. Established for the benefit of the perPleadings — Part Two · Source page ٥٧٨
  19. Principle 3019Deeming the appeal as never having been brought because of the appellant’s delay in validly serving its statement within thirty days of its filing. Ruling to that effect. Discretionary for the court. The condition therefPleadings — Part Two · Source page ٥٧٨
  20. Principle 3020Deeming the action as if it had never been for failure to serve notice of its resumption within ninety days of its striking out. Its purpose. The reference for determining it is the time limit.Pleadings — Part Two · Source page ٥٧٨
  21. Principle 3021Deeming an action never to have been brought as a sanction for delay in its service attributable to the plaintiff. Its distinction from the sanction of deeming an action never to have been brought for failure to serve thPleadings — Part Two · Source page ٥٧٨
  22. Principle 3022Deeming the action as if it had never been brought for failure to serve the opposing party with notice of its resumption within ninety days of its striking out. Its applicability to an appeal where service does not reachPleadings — Part Two · Source page ٥٧٨
  23. Principle 3023Assessment of whether to impose the sanction of deeming the action or appeal as if it had never been brought where the defendant or respondent has not been summoned to appear within the prescribed time limit. Within the Pleadings — Part Two · Source page ٥٧٩
  24. Principle 3024Deeming the action or appeal as never having been brought if the defendant or respondent is not summoned to appear within the specified period. The condition therefor. That the delay in service be attributable to an act Pleadings — Part Two · Source page ٥٧٩
  25. Principle 3025A judgment deeming the action or appeal as if it had never been because the plaintiff or appellant delayed serving its statement on the opposing party, intentionally or negligently. Imposition of this sanction is discretPleadings — Part Two · Source page ٥٧٩
  26. Principle 3026The statement of appeal produces its effects from the date it is filed with the registry. It must be served within thirty days from the date of that filing. This time limit is a time limit for appearance. The import therPleadings — Part Two · Source page ٥٧٩
  27. Principle 3027The thirty-day time limit prescribed for mandatory service after filing the statement. A time limit for appearance. The effect thereof. The respondent's appearance after the time limit does not extinguish their right to Pleadings — Part Two · Source page ٥٧٩
  28. Principle 3028The statement of claim produces its effects upon its filing with the Registry, but its service is a necessary procedure for the constitution of the proceedings. - Interruption of prescription by a judicial demand is contPleadings — Part Two · Source page ٥٨٠
  29. Principle 3029Imposition of the sanction of deeming an action or appeal never to have existed because of delay in service. Permissive for the court and left to its absolute discretion, without any obligation to state a justification wPleadings — Part Two · Source page ٥٨٠
  30. Principle 3031The plea that the action be deemed never to have been brought because more than ninety days have elapsed since it was struck out concerns the interest of the litigant for whose benefit it was established. Its implicationPleadings — Part Two · Source page ٥٨٠
  31. Principle 3032The imposition by a civil court, in an administrative dispute, of the sanction of deeming the action as never having been brought for failure to serve it pursuant to Article 49 of the Law of Procedure does not vitiate itPleadings — Part Two · Source page ٥٨٠
  32. Principle 3033Deeming the action or appeal as never having been brought. Discretionary for the court. Its condition. That the delay in service, intentionally or negligently, be attributable to an act of the plaintiff or appellant, evePleadings — Part Two · Source page ٥٨٠
  33. Principle 3034Permissibility of deeming the action as if it had never been, at the defendant’s request, if he has not been summoned to appear within ninety days from the date of filing the statement of claim. - The plaintiff’s obligatPleadings — Part Two · Source page ٥٨١
  34. Principle 3035A judgment deeming the action or appeal as never having been brought because of delay in service. Discretionary for the court. - Following up and pursuing completion of service procedures. A duty of the plaintiff or appePleadings — Part Two · Source page ٥٨١
  35. Principle 3036Bringing an appeal by filing a petition with the registry. Its service. A procedure necessary to achieve the adversarial principle between the parties. It must be completed within thirty days. Delay therein attributable Pleadings — Part Two · Source page ٥٨١
  36. Principle 3037Service of the renewal of the action within 90 days of its striking out. A mandatory time limit. Its effect. A judgment deeming the action never to have existed, without discretionary authority for the court. The reason Pleadings — Part Two · Source page ٥٨١
  37. Principle 3038Failure to serve notice of reinstatement of the action after striking out within the statutory time limit. Its effect. A ruling deeming it never to have been brought by operation of law, without discretion for the court,Pleadings — Part Two · Source page ٥٨٢
  38. Principle 3039The sanction of deeming the appeal as never having been brought. The condition for applying it. Failure to serve the notice of appeal within the time limit must be attributable to the appellant’s act. The basis therefor.Pleadings — Part Two · Source page ٥٨٢
  39. Principle 3040Filing the notice of service of the statement of appeal. Its necessary consequence. The appellant must follow up its service. The respondents’ appearance pursuant to another process served after expiry of the prescribed Pleadings — Part Two · Source page ٥٨٢
  40. Principle 3041The appellee’s appearance through a representative at the hearing specified in the notice. It achieves the purpose of the procedure. A plea of its nullity. Inadmissible. - Deeming the appeal as if it had never been for fPleadings — Part Two · Source page ٥٨٢
  41. Principle 3042The sanction of deeming an action or appeal as never having been brought. Established for the benefit of litigants who have not been served. Effect thereof.Pleadings — Part Two · Source page ٥٨٢
  42. Principle 3043Service of the statement of appeal. It must be validly completed within thirty days from the date of filing the statement. The sanction resulting from delay in doing so. Its nature. Example.Pleadings — Part Two · Source page
  43. Principle 3044Filing the appeal petition with the court registry produces its effect from that date. The condition of its service. Reason therefor. - Delay in serving the petition. Its effect. The court may rule that the appeal is deePleadings — Part Two · Source page
  44. Principle 3045The respondent's appearance after the time specified in the summons does not extinguish his right to request imposition of the sanction of deeming the appeal never to have existed. - Imposition of the aforementioned sancPleadings — Part Two · Source page
  45. Principle 3046The sanction of deeming the appeal never to have been brought, which the court may impose in the event of delay in serving the appeal petition, is conditional upon that delay being attributable to the appellant's act. ItPleadings — Part Two · Source page
  46. Principle 3047The sanction of deeming the appeal as never having been brought. The court may impose it in the event of delay in serving the notice. The condition for applying it. The delay must be attributable to the appellant’s act. Pleadings — Part Two · Source page
  47. Principle 3050Permissibility of a judgment deeming the action or appeal as never having been brought if the defendant or respondent is not summoned to appear within the specified period. The condition therefor. That the delay in serviPleadings — Part Two · Source page
  48. Principle 3051Termination of the proceedings because service of the statement of claim is void. Its necessary consequence. The Court of Appeal must confine itself to declaring the nullity without proceeding beyond that to determine thPleadings — Part Two · Source page
  49. Principle 3052It is permissible to rule that the appeal be deemed as never having been brought at the respondent’s request if he has not been summoned to appear within the time limit. The condition therefor: the delay in service must Pleadings — Part Two · Source page
  50. Principle 3053A judgment deeming the appeal as never having been brought at the respondent’s request. The prerequisite for such a ruling. Failure to summon him to appear within the legally specified period owing to an act attributablePleadings — Part Two · Source page
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