Starting from Sunday (the tenth of the current Shaaban), the Saudi judiciary enters a new phase with the entry into force of the system of judicial costs that oblige litigants to pay sums to courts in some cases to reduce malicious and sham lawsuits, promote alternative means of dispute settlement and enable preventive justice and notarial contracts, as well as contribute to raising the efficiency of The justice system and achieving the objectives of the Ministry of Justice.
And “Okaz” sources reported that the judicial costs system applies to cases registered after the law came into force, and does not include those who previously filed any lawsuit before Sunday, 10 Sha’ban.
While a number of plaintiffs are racing against time to file financial lawsuits against their opponents before the law comes into effect, Okaz learned that the executive regulations of the judicial costs system specified mechanisms for estimating lawsuit fees before the courts after the judicial costs system was issued early last zero, which imposes financial fees on types of cases.
The Judicial Costs Law emphasized the lack of conflict between judicial costs and the principle of free litigation, and the system imposed fees of no more than ten thousand riyals; In accordance with the standards and controls on requests for appeal, cassation, petition for reconsideration, interlocutory requests, requests for entry from litigants, and responses.
According to the estimation of the cost of the lawsuit and its rules, the estimation of the judicial costs of the lawsuit is the estimated value; on the basis of their value, as follows:
Not exceeding 5% of the value of the lawsuit, which is less than 100,000 riyals.
– It does not exceed 4% of the value of the lawsuit, which is valued at or exceeding 100,000 riyals.
– Not to exceed 3% of the value of the lawsuit, which is valued at or exceeding 500,000 riyals.
– It does not exceed 2% of the value of the lawsuit, which is estimated at one million riyals or more.
The regulation made an exception from the provisions of the system for the minister to determine the amount of judicial costs in specific cases. Not more than 5% of the value of the lawsuit, and not more than one million riyals; According to the estimation criteria such as the type of relationship in the dispute, the extent to which its documentation procedures are organized, the average duration of litigation in the type of case, the ease of access to alternative means of resolving the dispute in the type of case, the operational cost of hearing the case, while the judicial costs are estimated in cases whose value cannot be estimated due to their nature; Not more than ten thousand riyals and not less than 500 riyals, and the Minister’s decision determines the estimation of these claims. According to the same criteria as the type and nature of the lawsuit and the average duration of litigation in the type of lawsuit.
Starting from Sunday (the tenth of the current Shaaban), the Saudi judiciary enters a new phase with the entry into force of the system of judicial costs that oblige litigants to pay sums to courts in some cases to reduce malicious and sham lawsuits, promote alternative means of dispute settlement and enable preventive justice and notarial contracts, as well as contribute to raising the efficiency of The justice system and achieving the objectives of the Ministry of Justice.
And “Okaz” sources reported that the judicial costs system applies to cases registered after the law came into force, and does not include those who previously filed any lawsuit before Sunday, 10 Sha’ban.
While a number of plaintiffs are racing against time to file financial lawsuits against their opponents before the law comes into effect, Okaz learned that the executive regulations of the judicial costs system specified mechanisms for estimating lawsuit fees before the courts after the judicial costs system was issued early last zero, which imposes financial fees on types of cases.
The Judicial Costs Law emphasized the lack of conflict between judicial costs and the principle of free litigation, and the system imposed fees of no more than ten thousand riyals; In accordance with the standards and controls on requests for appeal, cassation, petition for reconsideration, interlocutory requests, requests for entry from litigants, and responses.
The regulations revealed that the minister issues the rules and procedures for using the private sector. To carry out the work and support procedures stipulated in the law or regulation or some of them, provided that they include fulfillment of the statutory requirements, the exercise of the activity, the disclosure of any conflict of interest, even if it is possible, the availability of the technical expertise and material capabilities necessary to carry out the work, the undertaking not to disclose any information that is viewed, even after Completion of the work, and adherence to the special technical conditions.
The procedures provided for in the Law and Regulations shall be electronic, and any decision or procedure in the Law or Regulations whose purpose has been achieved by using electronic means or artificial intelligence techniques shall be dispensed with.
Is the private sector entitled to perform the service?
According to what “Okaz” has seen, the system bears the costs of litigation for the loser in the case, and the provisions of the system apply to all cases and requests submitted to the courts, with the exception of five types of cases. General penal and related requests, lawsuits and requests that belong to personal status courts, such as divorce, divorce, alimony, and custody, lawsuits and requests that belong to the judiciary of administrative courts established by state agencies, in addition to terminations and requests related to them. The system guarantees that judicial costs do not exceed one million riyals, taking into account the effectiveness of the imposed amount in achieving the objectives of the system.
A number of cases are exempted from paying judicial costs, such as prisoners and detainees at the time judicial costs are due in financial cases that did not arise from a crime in the lawsuits filed by them or against them, and the request for appeal if it is decided to amend the appealed judgment, in addition to the request for cassation if it is decided to return the case to the court. Issuing the objected judgment.
Among those exempted from judicial costs are the parties to lawsuits that end in reconciliation before the first session is adjourned, and lawsuits for private rights that are filed in connection with criminal cases if they end in reconciliation in whatever case the case is in, in addition to lawsuits in which the arbitrators’ ruling is issued. The system reduced the costs to a quarter in the event of reconciliation, in addition to refunding the judicial costs paid when it was found that they were not obligatory for the payer.
According to the system, failure to pay judicial costs does not prevent the court from hearing the case or request and deciding on them, and their collection is in accordance with the procedures and rules specified by the regulations. The collected judicial costs fees are deposited in a special account with the Ministry of Finance that is allocated for spending on projects to develop the judiciary and improve the performance of the justice facility.
Case papers and documents.. in return for money
The judicial costs system enabled the parties to the case to obtain the papers and documents presented in the cases after paying a fee not exceeding one thousand riyals. In accordance with the standards, controls and assessment rules specified by the regulations; Among those requests is a request to obtain a certified copy of the case papers or records, documents or papers in the hands of the court, a request to view the case papers or records, as well as a request for an alternative copy of the judicial documents.
And according to the estimation of the cost of the lawsuit and its rules, the estimation of the judicial costs of the lawsuit is the estimated value; On the basis of its value, at a rate of 5% and reduced to 2% according to the value of the lawsuit, with a maximum limit of one million riyals
According to the executive regulations of the judicial costs system, the mechanism for calculating the judicial costs of lawsuits is estimated at a descending rate of no more than 5%, and the value is not estimated according to specific criteria. Execution not exceeding ten thousand riyals, setting up a mechanism for calculating the request for financial execution and the request for direct execution, determining who bears the costs of execution requests, determining criteria for estimating the costs of requests for lawsuits, issuing cost bonds for lawsuits and requests, collecting them, methods of objection to them, and clarifying cases of exemption from judicial costs, in addition to To issue rules and procedures for notification and objection to judicial costs.
Costs are estimated at the value of the lawsuit
Adnan Shabrawi (Jeddah) @Adnanshabrawi