The decision of the Head of the Judicial Department (20) for the year 2024, that the Small Claims Court exists today, came as a result of the Judicial Department’s goal of achieving complete justice by simplifying litigation procedures and speeding up the resolution of disputes and lawsuits that do not exceed a significant amount of 1,000,000 (1,000,000) million dirhams.
First: Establishment of the one-day court and its jurisdictions
The decision stipulated that one or more departments be established to adjudicate civil, commercial, and labor lawsuits, lawsuits demanding wages and salaries whose value does not exceed (1,000,000) million dirhams, and signature authenticity lawsuits, whatever their value, except for administrative lawsuits, urgent lawsuits, and performance orders. The work is distributed among these departments by the decision of the Council, based on the proposal of the Judicial Inspection Department.
Second: Registering simple claims claims
If the plaintiff’s requests require the assignment of technical expertise in the case, the plaintiff is obligated to pay the expertise deposit upon filing the case, and it is determined at an amount of (3%) of the value of the financial claim, provided that it is not less than (2,000) two thousand dirhams. This also does not prejudice the right of the judge supervising the case management office or the court. To decide whether the subject matter of the case requires assigning an expert or adjusting the value of the expert’s fees.
Third: Preparing simple claims claims
The case management office must prepare the case and set a hearing for it within a maximum of fifteen days from the newspaper’s registration date. It may be extended for one similar period by the decision of the supervising judge. If an expert is delegated, the hearing shall be set within three days from the date of receipt of the expert’s report on it.
Except for what is stated above, all rules, provisions, and procedures stipulated in the Civil Procedure Code apply to the preparation of simple claims claims.
Fourth: Adjudicating cases
If the court decides to appoint an expert in the case, it may appoint an expert to express his opinion verbally at the session without a report, and his opinion shall be recorded in the minutes.
The court decides on the case presented to it during one session, by a decision it makes for the adversary, the reasons for which are deposited in the same session. The decision suffices with a statement of the plaintiff’s requests and a summary of the opponents’ defense and the reasons for the decision and its operative part. This is not considered a shortcoming in the real reasons for the decision or a deficiency in them, and it doesn’t have any consequences. Invalidation of the decision
Fifth: Appeal
If the value of the lawsuit is within the limits of the final quorum stipulated in Article (29) of the Civil Procedure Code, the decision ending the dispute shall not be subject to appeal except for the reasons and by the procedures stated in Article (160) of the Civil Procedure Law. If the value of the lawsuit exceeds the final quorum, it may be appealed before the competent department, by the rules and procedures established for appealing judgments.
Sixth: Ruling on the appeal
The Court of Appeal, sitting in the consultation room, shall decide on the appeal, without its preparation by the case management office, within two weeks of the completion of the announcement of the appeal, following the rules and procedures established for appealing judgments, and it may set a session to consider the matter if necessary, taking into account what is stated in Article ( 160) Clauses (1) and (2) of the Civil Procedure Code: The decision issued in the appeal is not subject to appeal if the value of the case does not exceed (500,000) five hundred thousand dirhams.
Thus, we reach the end of our article entitled The decision of the Chairman of the Abu Dhabi Judicial Department to establish a one-day court. At Al Dhaheri & Partners Law Firm, the private notary and the Litigation and Legal Representation Department is your legal destination to obtain the best results for your judicial claims by seeking the best-specialized lawyers and consultants in our office to provide sound legal solutions. According to the best legal and judicial practices, you can contact us or visit us at one of our branches in the cities of Al Ain and Abu Dhabi.
Al Dhaheri & Partners Law Firm is considered one of the leading companies in its field, as it provides integrated legal services by providing all possible legal assistance related to companies or individuals, and even judicial disputes alike, while providing all of these services in one place.
- Managing partner, Head of the English Law Department
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Download the decision issued on 04/16/2024 by His Highness the Head of the Judicial Department.