المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

Search this collection

  1. عليها

    Principle 963The court of merits' adoption of the expert's report because it finds it convincing. Its effect. It is not separately bound by the challenges directed against it. - 153 - Civil ProcedurePleadings — Part Three · Source page 153
  2. Principle 964The court's adoption of the expert's report. Its absence of an obligation to answer challenges directed against it. The reason for this.Pleadings — Part Three · Source page 154
  3. Principle 965The court's reliance on the report of the information. Its becoming part of its judgment. Responding separately to objections directed against the expert's report. Unnecessary where the court has adopted it because it isPleadings — Part Three · Source page 154
  4. Principle 966Where the court adopts the expert's report, it is not obliged to respond separately to the objections directed against it.Pleadings — Part Three · Source page 154
  5. Principle 967The trial court may, in the reasons for its judgment, confine itself to referring to the contents of the expert's report where it is convinced by its contents, and is not obliged to respond separately to the challenges dPleadings — Part Three · Source page 154
  6. Principle 968Ascertaining an understanding of the facts. Within the authority of the court of merits. Its reliance on the expert’s report: its implication. The report is considered part of its judgment. It is not obliged to respond tPleadings — Part Three · Source page 154
  7. Principle 969The court’s adoption of the expert’s report. Its import. A response to the challenges directed against it. Argument concerning this is factual.Pleadings — Part Three · Source page 154
  8. Principle 970Assessing experts' work and weighing their opinions are matters within the exclusive discretion of the court of merits. Its adoption of the appointed expert's report, which relied on a consultative report. It is thereaftPleadings — Part Three · Source page 154
  9. Principle 971Assessing the expert’s work and adopting it on its stated grounds. Within the authority of the court of the merits. The judgment’s adoption of the report. Its being regarded as part of the judgment. The court is not obliPleadings — Part Three · Source page 154
  10. Principle 972The court of merits adopting an expert's report. Its response to another report submitted in the action. Not necessary.Pleadings — Part Three · Source page 155
  11. Principle 973Adopting the expert’s report for its grounds, which included a response to the appellant’s defense. The judgment’s failure to examine documents submitted as proof of that defense. No deficiency. Example.Pleadings — Part Three · Source page 155
  12. Principle 974Examining and weighing evidence, rejecting what does not inspire confidence, and adopting the expert’s opinion. Within the authority of the court of merits. - The court’s adoption of the expert’s report on its stated groPleadings — Part Three · Source page 155
  13. Principle 975Adoption of the expert’s report falls within the authority of the court of merits. Once it adopts it, it is considered part of its judgment, and it is not obliged to respond separately to the challenges directed against Pleadings — Part Three · Source page 155
  14. Principle 976Where the court adopts the expert’s report, it is not obliged to respond separately to the objections directed against it.Pleadings — Part Three · Source page 155
  15. Principle 977The court's reliance on the expert's report. The effect thereof. The court is not obliged to respond separately to the objections directed against it. The reason therefor.Pleadings — Part Three · Source page 155
  16. Principle 979The expert's report submitted in the action. Adopting it. Falls within the trial court's authority. Its reliance thereon in its judgment. Its effect. It becomes part of its judgment. A separate response to challenges dirPleadings — Part Three · Source page 155
  17. Principle 981The expert's opinion is an item of evidence in the action which the court of merits independently assesses. Its right to adopt the expert's report. Its reliance on it and adoption of it as a basis for deciding the actionPleadings — Part Three · Source page 156
  18. Principle 982The expert's opinion is an element of evidence. The trial court's authority to adopt it. Its reliance upon it. Its effect. It is deemed part of its judgment, and the court is thereafter not obliged to respond to challengPleadings — Part Three · Source page 156
  19. Principle 983The authority of the court of merits to assess the expert’s work. Its disregard of a request for referral back to the expert does not vitiate the judgment. Its condition.Pleadings — Part Three · Source page 156
  20. Principle 984Adoption of the expert’s report submitted in the case. Within the authority of the court of merits whenever it is satisfied with it. Its reliance upon it in its judgment. Its effect. It becomes part of the judgment, and Pleadings — Part Three · Source page 156
  21. Principle 985The court of merits may adopt the expert's assessment without being obliged to respond separately to the challenges directed against it. The condition for this.Pleadings — Part Three · Source page 156
  22. Principle 986The expert’s report. An item of evidence in the case subject to the authority of the court of the merits. Its adoption thereof. Its implication. It is not obliged to respond to challenges directed against it or to refer Pleadings — Part Three · Source page 156
  23. Principle 987The court's reliance in its ruling on the expert's report. Its consequence: the report becomes part of the judgment, and it is not - 156 - Civil Procedure obliged to respond to objections directed against it. The reason Pleadings — Part Three · Source page 156
  24. Principle 988The trial court. May adopt the expert's report whenever satisfied with it and is not obliged to answer separately the challenges directed against it. The reason for this. Its adoption of the report together with its reasPleadings — Part Three · Source page 157
  25. Principle 989The expert's report. An item of evidence in the action. Subject to the assessment of the court of merits. Its adoption of it on the strength of its reasons. Its implication.Pleadings — Part Three · Source page 157
  26. Principle 990The complaint against the challenged judgment for adopting the expert's report, which did not specify the third respondent's entitlements held by him, in respect of which it concluded that the first respondent had effectPleadings — Part Three · Source page 157
  27. Principle 991The court of merits. Its adoption of the expert’s report on its stated grounds. It is not thereafter obliged to respond separately to the challenges directed against it. The rationale for that. Example.Pleadings — Part Three · Source page 157
  28. Principle 992Adoption of the report of the expert appointed in the case. Within the authority of the court of merits whenever it is satisfied with it and convinced by its reasons. It is not thereafter obliged to respond separately toPleadings — Part Three · Source page 157
  29. Principle 993The expert's report. An item of evidence in the action. The court of merits may adopt it or discard it entirely, or adopt part of it and disregard the other part. It is not obliged to respond to the challenges - 157 - PrPleadings — Part Three · Source page 157
  30. Principle 994The expert’s work. An item of evidence in the case. Subject to the assessment of the court of the merits. Its adoption of the report on its stated grounds. Its implication. It found nothing in the challenges directed agaPleadings — Part Three · Source page 158
  31. Principle 995The expert's opinion. An element of evidence in the action. Its assessment is within the authority of the court of merits. The court's adoption of it and reliance on it in its judgment. Its effect. It is considered part Pleadings — Part Three · Source page 158
  32. Principle 996Adopting the expert's report together with its reasons. Falls within the trial court's authority whenever it finds therein sufficient material to form its conviction and finds nothing in the challenges directed against iPleadings — Part Three · Source page 158
  33. Principle 997Ascertaining the facts of the action, assessing the evidence and documents, preferring those it finds reliable and deriving the truth from them. Within the authority of the court of merits. It is not open to criticism foPleadings — Part Three · Source page 158
  34. Principle 998Assessing the evidence, examining documents, and adopting or rejecting them. Within the trial court's authority. It is not obliged to respond to all the litigants' statements and arguments. The reason for this. The estabPleadings — Part Three · Source page 159
  35. Principle 999The court of merits has authority to ascertain and understand the facts of the case and to assess the evidence submitted therein, including the expert’s work, without review in that regard. It is not at fault if it does Pleadings — Part Three · Source page 159

  36. - عدم الرد على دفاع تنازل عنه الخصم

    Principle 1000Assessing the existence of grounds for rescission of the contract and their sufficiency or insufficiency, and determining the party in default under the contract. For the court of merits, provided it bases its decision oPleadings — Part Three · Source page 159
  37. Principle 1001The devolutive effect of an appeal. Its implication. - The appellate court's obligation to respond to pleas raised before the court of first instance. Its condition: they have not been waived expressly or implicitly. ImpPleadings — Part Three · Source page 159

  38. - إغفال الرد على دفاع متعلق بخصم آخر

    Principle 1002The court’s ruling rejecting the principal claim. It must address and determine the alternative claim. Its condition. That the claimant has not relinquished it. - 159 - Civil Procedure - Omission to respond to a defence Pleadings — Part Three · Source page 159

  39. - إغفال الرد على دفاع متعلق بمستندات لم يتمسك الخصم بدلالتها

    Principle 1003The appellant's criticism of the judgment concerning a defense relating to his opponent. Inadmissible. Example. - Failure to answer a defense relating to documents whose significance the litigant did not invoke:-Pleadings — Part Three · Source page 160

  40. - عدم الرد على طلب لم يبد بصورة جازمة

    Principle 1004The appellant's submission of documents without invoking their significance. What he raises in this regard constitutes a new ground which may not be raised before the Court of Cassation. - Failure to respond to a requestPleadings — Part Three · Source page 160
  41. Principle 1005A litigant's request to reduce his obligation to a reasonable limit. The judgment's determination of this request without addressing matters mentioned in the course of the statement of claim, including the impossibility Pleadings — Part Three · Source page 160
  42. Principle 1006The litigant’s insistence in his memorandum on the plea that the appeal be deemed as if it had never been brought, together with a request to dismiss the appeal and uphold the judgment appealed against. Its containing noPleadings — Part Three · Source page 160
  43. Principle 1007The scope of the action. Determined by the litigants’ final claims. - The claim deemed to be before the court. Its nature. The judgment’s dismissal of a claim not made unequivocally. No defect. Example.Pleadings — Part Three · Source page 160

  44. - تعويل الحكم على المستندات المقدمة تقديماً صحيحاً

    Principle 1008Awarding equivalent performance. Its condition. It must be raised before the court of merits. The reason for this. - The court of merits. It must adhere to the litigants' requests. No fault attaches to it if it does not Pleadings — Part Three · Source page 160

  45. المحكمة

    Principle 1009Documents and defences submitted by a litigant during consideration of the case. Constitute case papers on which the court may rely in its ruling. The condition for this: that they have been attached to the case file. SePleadings — Part Three · Source page 161
  46. Principle 1010Submission of documents while the case is reserved for judgment. Their submission was not authorised. The court's disregard thereof. This does not vitiate its judgment.Pleadings — Part Three · Source page 161
  47. Principle 1011Once the court reserves the action for judgment, the litigants' connection with it is severed except to the extent permitted by the court. A defense submitted without permission. The court is not at fault for disregardinPleadings — Part Three · Source page 161
  48. Principle 1012Reserving the action for judgment after the parties have completed their defences. Its implication. Their connection with it is severed except to the extent permitted by the court. The court is not open to criticism for Pleadings — Part Three · Source page 161
  49. Principle 1013A request to reopen the action for argument to submit documents or memoranda. It is not a plea or defence in the action. The court of the merits' failure to grant it. No defect.Pleadings — Part Three · Source page 161
  50. Principle 1014A defense contained in a memorandum submitted after the action was reserved for judgment and which was not authorized. Disregarding it. No defect. - 161 - Civil ProcedurePleadings — Part Three · Source page 161
PreviousPage 18 of 75Next