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Main Page / Legislations / Law No. 12 of 2005 on Procedures in Non-penal Cassation Appeals / Articles
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Law No. 12 of 2005 on Procedures in Non-penal Cassation Appeals

Law Summary Record Type: LawNumber: 12Date: 05/04/2005 Corresponding to 25/02/1426 HijriNumber of Articles: 29Status: In force
Official Gazette :Issue: 5Offcial Journal Issue Publication Date: 24/05/2005 Corresponding to 15/04/1426 HijriPage from: 163
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Articles

  • 1 Article

    a-       A litigant may appeal in cassation any final judgment order issued by any court of appeal where: the contested previous judgment was based on a violation of the law or procedures, or there was an error in the application or interpretation thereof, which has or may have resulted in an incorrect court decision.
    1. If the judgment or procedures were annulled.
    Litigant may appeal in cassation any final judgment whatever the court that issued it, if it ruled in a dispute. A judgment in a prior suit between the same parties already issued and got the force of res judicata cannot beappealed.

  • 2 Article

     The Attorney General may at any time appeal in cassation a final judgment if it was based on a violation of the rule of law or on an error in its application or interpretation in the following instances:
    1. Where litigants are not allowed by law to appeal judgments.
    2. Where the time periods for filing their appeal have lapsed or they have waived their right to appeal.
    This appeal shall be filed and signed by the Attorney General and the Court shall consider the appeal in chambers in the absence of the litigants. The litigants shall not benefit from or be harmed by this appeal.

  • 3 Article (Repealed)

     
    Appeal in cassation shall not be applied to judgment orders issued prior to settling the matter unless it impedes the course of the case.

  • 4 Article

    a.       The time limit for lodging a notice of appeal in cassation shall be sixty days.
    1. The notice of appeal shall be filed with the Registry of the Court of Cassation and must be signed by a lawyer registered with the court. The notice shall include the names of the litigants, their capacities and addresses, a statement of the appealed judgment and its date of issuance, and the grounds upon which the appeal is based.
    1. The court shall, ex officio dismiss the appeal if such procedures are not followed.
    1. Save as otherwise mentioned in the statement of appeal, the court may not accept any other grounds of appeal.  Where the reason for failure to follow the procedure relates to the public order, in which case the court may, ex officio accept the appeal.
    1. If an appellant's grounds for appeal in cassation relate to a previous judgment order before the issuance of the appealed judgment order in the same case, the appeal request shall include the previous judgment unless expressly approved.

  • 5 Article

    a.       The appellant shall deposit as a security in cassation an amount of twenty thousand (20000) Riyals at the treasury of the Court if the appeal court issued the appealed judgment order, and five thousand (5000) Riyals if the judgment order was issued by the court of first instance.
    1. The Registry of the court shall not accept a notice of appeal unless accompanied by proof of payment of the security. In the case of multiple appellants in the same appeal, a payment by one appellant shall be acceptable even if the grounds upon which the appeal is based are different. Persons exempted from judicial fees shall also be exempted from the security.

  • 6 Article

     The appellant shall provide the Registry of the Appeal Court with the following:
    1. Copies of the notice of appeal for each appellee.
    2. A copy for the Registry's office.
    3. A deed authorising the appointed lawyer to file the appeal.
    4. An affidavit explaining the grounds for the appeal and the documents in support thereof, unless these were filed with the previous court. Where such documents were filed in another appeal, it shall be sufficient for the appellant to present proof to the court, which shall take the necessary steps to review the documents.

  • 7 Article

     The Registry of the Cassation Court shall record the notice of appeal the date of submission, including the documents described in Article 6 and shall, on the following day at the latest, deliver the original notice and a copy to the concerned authority for announcement, and thereafter return the original application to the Registry.
    The concerned authority shall announce the notice of appeal no later than two weeks from the date of receipt. Failure to observe this time limit shall not invalidate the notice of appeal.

  • 8 Article

    a.       Appeal in cassation shall not cause the stay of execution of the appealed judgment. Nevertheless, the Court of Cassation may order a temporary stay of execution if the appellant so requests in the notice, and where such execution could reasonably cause unavoidable grave harm. The Head of the Court shall, upon the appellant petition, examine this request in a hearing, and the opposing party shall be notified thereof by the appellant.
    1. The Court, when deciding the stay of execution, may require the submission of a security or order any procedure it deems necessary to protect the rights of the appellee. The order of stay of execution shall also apply to the procedures of execution adopted by the aggrieved party acting upon the appealed judgment from the date of the request of stay of execution. If the request is denied, the appellant shall bear all costs.
    1. Where the Court orders a stay of execution, it shall set a date for hearing the appeal not later than three months from the date of the stay. The Court shall decide the appeal within a period not exceeding fourteen months from the date of the stay, failing which; it shall order a dismissal of the appeal.

  • 9 Article

     The Registry of the Court of Cassation shall request delivery of the file for the appealed judgment within three days from the date of filing the notice of appeal, and the Registry of the Court that rendered the appealed judgment shall deliver the file no later than six days after receiving the file request.

  • 10 Article

     The Court of Cassation shall impose a fine of not less than two hundred (200) Riyals and not more than five hundred (500) Riyals on any Registry's office or concerned authority staff who fails to comply with any of the procedures prescribed in Articles 7 and 9 herein.

  • 11 Article

    a.       If the appellee wishes to present a defence he shall, within ten days from the date of filing the notice of appeal, submit to the Registry's Office of the Cassation Court an affidavit stating the facts upon which he relies in support of his defence. The affidavit shall be accompanied by supporting documents and a power of attorney signed by his lawyer.
    1. In the case of multiple appellees, each may, mutanis mutandis, file a defence in the same manner and within the same time limits prescribed in paragraph (a) above.
    2. The appellant may file a reply and supporting documents at the Registry's Office within ten days after the appellee has filed his defence.
    3. Where an appellant files a reply, the appellee may file a response within ten days of the appellant's reply.

  • 12 Article

    a.       Before the expiration of the period stipulated in Article 11 (a) the appellee may join any additional appelleewho was not included in the appeal.
    1. The new appellee shall be notified of the appeal and shall, within ten days of being notified, file with the Registry of the Court of Cassation an affidavit of defence accompanied by supporting documents. In such a case, the time limits prescribed in Article 11 (b), (c) and (d) shall not apply until the ten-day period has elapsed.

  • 13 Article

    a.       Any party to the case under appeal who received no notification of the appeal may intervene and request a dismissal.
    1. Such intervention shall be made by filing an affidavit of defence, accompanied by supporting documents, at the Registry's office before the time limit prescribed in Article 11 (a) has elapsed.

  • 14 Article

     
    The originals and copies of all affidavits and supporting documents shall be filed in the names of the litigants and shall match their number, and all shall be signed by a lawyer qualified to appear before the Court of Cassation.

  • 15 Article

     No affidavits or supporting documents may be accepted by the Registry of the Court after the expiration of the prescribed time limits.  Nevertheless, the Registry shall record the date, name of applicant, capacity and reasons for refusing such acceptance.
     

  • 16 Article

    a.       The Court of Appeal shall consider the notice of appeal in chambers after the Head of Court has assigned the Judge-Rapporteur to hear the appeal.
    1. Upon a determination that a prima facie case exists, either because it is likely to prevail or because it may establish a new legal principle, it shall set a hearing date.
    2. Where the Court considers prima facie that the appeal has no merit, it shall dismiss it and provide reasons based on its deliberations in chambers.

  • 17 Article

    a.       The Registry of the Court shall notify the litigants' legal representative by registered letter of the date of the scheduled hearing at least ten days in advance.
    1. The appeal shall be enclosed in the agenda of the hearing. The agenda shall be posted at the Registry's Office at least five days prior to the hearing and shall remain posted there for the duration of the hearing.

  • 18 Article

     After the Judge-Rapporteur has summarised the grounds of the appeal, the respective pleadings filed by the parties, and the significance of the points of law advanced in argument, the Court shall rule on the appeal.

  • 19 Article

    a.       Where the court deems it necessary, it may request oral argument from the lawyer for the litigants. In this case, the litigants shall not be authorised to appear before the Court of Cassation without a lawyer.
    1. Litigants who have not filed affidavits in their names shall have no right to assign a lawyer to attend the hearing on their behalf.  
    2. Without prejudice to the provisions of Article 4 (d) therein, no reasons other than those advanced by litigants in their affidavits may be presented orally at the hearing.

  • 20 Article

     In exceptional cases, the court may allow a litigant's lawyer to file a supplementary brief if it deems necessary to allow all issues to be addressed fully. The court shall remand the appeal to a later date and impose an appropriate deadline for the filing of the supplementary brief.

  • 21 Article

     Where the court confirms the appeal, it shall uphold the appealed judgment in whole or in part, and make a ruling regarding costs.

  • 22 Article

     
    1. Where the appealed judgment is quashed for non-conformity to the rules of jurisdiction, the court shall only rule the matter of jurisdiction, and where necessary, the appeal shall be referred to another court of jurisdiction.
    2. Where the appealed judgment is quashed for other reasons, the court may adjudge the matter, or refer the case to the court which initially heard the case, which shall be comprised of a different bench of judges.
    1. The court of first instance shall comply with the Court of Cassation's decision. The Court may quash a judgment without appeal, either because the action of quashing the judgment does not imply any further ruling on the merits, or because the facts assessed by the trial court enable it to apply the appropriate rule of law.

  • 23 Article

    a.       Where the Court of Cassation decides to quash the appeal, the appellant shall bear the costs of the appeal and shall forfeit, either in whole or in part, the security of cassation to the State.
    1. Where the court deems that the appeal is motivated by malice or bad faith, it may order compensation be paid to the appellee.

  • 24 Article

     The quashing of a judgment shall return the parties to the same position in which they were before it was appealed. Where only part of the judgment is quashed, the operative parts shall remain of full force and effect unless they are dependent on that part which was quashed.

  • 25 Article

     Cassation judgment orders may not be appealed in any manner.

  • 26 Article

     This law does not apply to any provisions which were issued before it was promulgated.

  • 27 Article

     Without prejudice to those cases exempted from judicial fees prescribed in any other law, a fixed fee of five thousand (5000) Riyals shall be imposed in order to bring an appeal by

  • 28 Article

     
    Unless otherwise stipulated in this Law, the provisions of the Civil and Commercial Procedure Law, referred to above, shall apply on appeal before the Court of Cassation.

  • 29 Article

     All competent authorities, each within its own jurisdiction, shall implement this law and it shall be published in the Official Gazette.

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