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CIVIL AND COMMERCIAL PROCEDURE LAW - Law No. 13 of 1990

Law Summary Record Type: LawNumber: 13Date: 17/06/1990 Corresponding to 24/11/1410 HijriNumber of Articles: 580Status: In force

Official Gazette :Issue: 13Offcial Journal Issue Publication Date: 01/01/1990 Corresponding to 04/06/1410 HijriPage from: 2967

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Chapter One: Attendance and Representation before the Courts

40 Article

On the day specified for hearing of the lawsuit, the parties shall appear either personally or through their legal representatives pursuant to Articles 16 and 17 of Law No. 20 of 1980 pertaining to the aforementioned organization of the legal profession. The court shall duly accept representatives of the parties as spouses or relatives or in-laws up to the fourth degree.
41 Article

An attorney shall appear on behalf of his principal and it shall be affixed in the instrument of power of attorney. It shall be sufficient proof of power of attorney to receive a document to this effect by the agent. If this document is not official, it shall be legalized by the official competent authority through the authentication of the signature of the attorney. The court shall, if it deems it necessary, determine a specific date for the attorney to prove his power of attorney, provided that this is done only during the proceedings. A power of attorney between the principal and the attorney may be drawn up during the hearing and stated in the court's minutes.
42 Article

Once the power of attorney is issued by one party, his attorney's address shall be affixed in the summons pertaining to the lawsuit at the level of the court before which the attorney is appointed to appear.
43 Article

A power of attorney for the attorney to appear before the court shall mandate the attorney to take actions and necessary procedures, follow up on or defend these procedures and take preventive procedures until a judgment is delivered on the subject matter at the level of the mandate of court that declared this judgment, and to receive fees and expenses without prejudice to what the law has stipulated a special mandate. Any statement contained in the power of attorney contrary to the above does not constitute proof against the other litigant.
44 Article

Any admission of claimed entitlement, waiver, reconciliation or arbitration thereof, acceptance, request and refusal of oath, stay of litigation, waiver of judgment or means of appeal, stay of attachment, abandonment of securities with maintaining debt, claim of forgery, recusal of a judge or expert, acceptance or rejection of an offer, or any other conduct for which the law requires a special mandate therein, shall be invalid without such special mandate.
45 Article

The attorney may authorize another person from among his colleagues unless otherwise stipulated in the power of attorney.
46 Article

If there is more than one attorney, one of them shall individually pursue the case unless the power of attorney stipulates otherwise.
47 Article

Whatever is decided by the attorney in a hearing with the presence of a principal shall be regarded as decided by the principal himself, unless rejected or abandoned by the latter during the course of the hearing in the same session.
48 Article

Withdrawal or dismissal of the attorney from service shall not impede the course of lawsuit proceedings against him unless the party has informed the court of the appointment of another attorney to replace the one stated or of his intention to proceed with the lawsuit himself. The attorney shall not withdraw from the power of attorney at an inappropriate time.
49 Article

The court may order the appearance of parties in person on a day it specifies. If the summoned person has a reason preventing him from appearing, the court or a judge delegated by it shall relocate to him to hear his statements on a date determined by the court. The Registry of the court shall summon the other party on this date and prepare minutes of the statements of the parties. These minutes shall be signed by the judge, Registry and parties.
50 Article

Any of the judges or any of the employees at the courts may act as an attorney on behalf of the appearing parties or in proceedings, whether these procedures take place verbally or in writing or are in the form of fatwa (edict). However, such attorneys may act lawfully on behalf of their principals or their spouses or their relatives up the fourth degree.