For those residing in the UAE, it is important to be familiar with the various aspects of civil lawsuits in the country. Civil rules in the UAE focus on different issues such as family conflicts, violation of contracts and other civil breaches by several parties. It is essential to know how to file a lawsuit in Dubai for everyone who is living in this city.
Comprehending the UAE court system
The court system in the UAE operates at two levels: the local level and the federal level. There are three common types of court systems in the UAE. The Court of First Instance operates at both the local and federal level Court of Appeal deals with both federal and local cases The Federal Supreme Court functions on a federal level and the Court of Cassation functions at the local level of the emirate with independent legal departments.
Steps to sue someone in Dubai
1. Consult an attorney
The first step which must be taken to file a lawsuit in Dubai is to request legal assistance and consult with a competent lawyer. Keep in mind that the one who brings a case against another in the court of law is the plaintiff and the other one who has triggered damage or been involved in a breach of contract will be the defendant. The plaintiff must provide the lawyer with all details of the case honestly. Mr. Arashzad is a highly experienced and competent lawyer who can navigate you through all the steps of filing a lawsuit against someone in Dubai. He can honestly and sincerely provide you with all the legal information you need to become successful in court.
2. Determine the court’s jurisdiction
After seeking legal assistance, the next step is to determine the appropriate jurisdiction for your civil case. For example, if the defendant is living in Dubai, the plaintiff cannot file a lawsuit in Abu Dhabi or any other emirate. The right jurisdiction in such a case would be via the Dubai courts where the defendant lives. Jurisdiction is established by the defendant’s dwelling place. In case the dwelling place document is not accessible, the judicial area will be where the defendant works. The jurisdiction to file commercial civil cases will be one of the followings:
Where the defendant lives
Where the verbal/written agreement was reached, or where a contract or an agreement was implemented partly or wholly
Where the contract should have been implemented
3. The mediation process
Before you proceed to file a civil lawsuit in Dubai, the court offers mediation via various committees. As the judicial process can be both costly and time-taking, a lawyer will recommend an agreement or a mediation so as to come to a decision quickly. In some cases, mediation expenses can be very low. If the two sides cannot come to a decision via such mediation, the plaintiff can ask for a “No Objection” letter from the related mediation committee and send a statement of claim to the court. When the statement of claim is sent, a judge will be in charge of the case in the Court of First Instance.
4. Filing a lawsuit in Dubai
It is necessary for the plaintiff or their legal agent to present a “statement of claim” with required documents to the Case Management Office in the court or by yielding electronic documents to file a lawsuit in Dubai. The defendant will get a copy of the plaintiff’s claim so that they too can become ready for legal action. It is necessary to submit all documents in Arabic. Authorized translators certified by the UAE’s Ministry of Justice must convert the documents from different languages into Arabic.
5. Pay the fees and other expenses
When all the documents are made prepared, the complainant should sign the lawsuit if it is to be presented by the lawyer. After all the documents are presented, it is necessary to pay the court fees according to the type and nature of the case. It is another required step to file a lawsuit in Dubai.
6. Receive a case number and hearing date
The essential step in filing a lawsuit in Dubai is receiving a case number and hearing time. The office worker will send a notification to the defendant via the bailiff within 10 days from the date on which the statement of claim was submitted.
7. Valuate a case
The valuation is according to the last petition made by the sides involved in the lawsuit. The case estimation will involve revenues, expenses and indemnities on the day of the trial. You can depend on the official court calculator to estimate the different expenses online. It is another important step to file a lawsuit in Dubai.
8. Responding to civil action
When the case is filed, the defendant is obliged to reply to the case by presenting a defense memorandum to the Case Management Office. The copies of the memorandum of defense must be signed by the defendant and they have to be presented three days before the the date of hearing.
9. Attending the court
When the day of the hearing arrives, all the sides which are involved in the case together with their lawyer must appear before the court. The case will be canceled if no parties attend the court after 60 days of the scheduled date.
10. Terminating a civil action
The two parties can reciprocally decide to terminate the case. When the two parties bilaterally want to terminate the case, then the civil case in Dubai will be terminated after the court’s sanction.
11. Announcing a judgment
Announcing the judgment is the leading step in the civil case process in Dubai. After all the legal actions and hearings are conducted, the court will announce a public judgment on the case. The termination of the case could be at least six months from the date of the court’s sanction. It is significant to keep in mind that no party is authorized to accelerate the case during this time limit unless the right consent of the other party is gained.
12. Request for judgment review
The parties may ask for a review of the final judgment if: 1.There is important evidence that the rival impressed the verdict 2.The decision of the court was according to evidence that is verified to be forged after the judgment was announced
13. Contest a judgment
The verdicts of the Court of First Instance may be appealed before the Court of Appeal within 30 days of the date of the verdict. However, for urgent cases, the judgment can be contested within 10 days.
14. Implementation of judgment
The judgment is implemented under the direction of the execution judge at the Court of First Instance, helped by execution agents.
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