UAE Civil Procedure Code — articles 101–200

The Defendant may submit the following interlocutory applications: 1.A claim for judicial set-off or a claim for the damages inflicted thereupon by the original case or any procedure performed thereunder. 2.A claim, whic…

1.No interlocutory applications shall be admitted after the close of pleadings. 2.The court shall decide on the said applications alongside the original case whenever possible, failing which, the interlocutory applicatio…

1.The legal proceeding may be suspended if the parties agree not to proceed with the same for not more than 6 [six] months from the date of the court's endorsement of their agreement. Such suspension shall have no legal …

The Court shall order suspension of a legal proceeding if it is convinced that that decision on its merits would be contingent upon the determination of any other issue, and that once such reason for suspension ceases to…

1.The legal proceeding shall be stayed by operation of law upon the death or incapacitation of either litigant, or upon the termination of legal capacity of any legal representative acting on behalf of either litigant, u…

The legal proceeding shall be resumed with regard to the litigant affected by the cause of stay of proceeding by virtue of a subpoena to be served upon the person acting on behalf of the party who passed away or lost the…

In the event that any of stay of proceeding causes occurs after the close of pleadings into the case, the court may either adjudicate on the legal proceeding based on the closing statements and arguments of the parties o…

1.Each litigant involved in the legal proceeding may, in the event that the legal proceeding is interrupted due to the Plaintiff's act or omission, move for abatement of proceeding upon the lapse of 6 [six] months follow…

1.The application for abatement of legal proceeding shall be submitted to the court before which the legal proceeding is instituted. 2.The abatement of legal proceeding may be invoked in the form of a plea if the Plainti…

The judgment establishing abatement of the proceeding shall result in both the annulment of the judgment rendered in respect thereof based on the evidence procedure and invalidation of all procedures performed with regar…

Where an appellate proceeding is decided to be abated, the appealed judgment shall, in all cases, be deemed final. Where the legal proceeding is decided to be abated in respect of the motion for reconsideration before a …

1. In all cases, the legal proceeding shall be time-barred with the lapse of one year following the date of the last valid procedure performed in connection therewith, and the prescription of legal proceeding shall resul…

1. The Plaintiff may discontinue the legal proceeding based on a notice of discontinuance to be served upon the adverse party, under an explicit acknowledgment of discontinuance in a statement signed by the Plaintiff or …

Discontinuance of the legal proceeding shall give rise to all the effects that result from the abatement thereof, and the discontinuing party shall be liable to pay the legal costs.

1. During the course of the legal proceeding, if the litigant waives a particular procedure or a procedural paper, explicitly or implicitly, the underlying procedure or paper shall be deemed null and void. 2. Waiver of t…

1. The judge shall, in the following cases, be ineligible to hear the legal proceeding, and, as such, shall be prohibited from hearing the same, even if not disqualified by either litigant: a. If he is the spouse, blood …

A judge may be disqualified on any of the following grounds: 1.If he or his wife has a legal proceeding similar to the legal proceeding brought before him, or if he or his wife has a legal proceeding against either litig…

1. If the judge is either ineligible to hear the legal proceeding or affected by any of the grounds for disqualification set forth in Articles [116] and [117] of this Code, he shall keep the Chief Justice informed of the…

1. If the judge is affected by any of the grounds for disqualification set out in Article [117] of this Code but fails to recuse himself, the litigant concerned may request his disqualification. The disqualification shal…

1. The Motion for Disqualification shall be filed before any defense or plea is presented in the legal proceeding; otherwise, such a right shall be forfeited. Nevertheless, the Motion for Disqualification may be filed la…

1. The Chief Justice shall inform the judge, whose disqualification is sought, of the Motion for Disqualification and its attachments as soon as possible. 2. The judge shall respond, in writing, to the disqualification g…

The filing of a Motion for Disqualification shall bring about a stay of proceedings until a final ruling is rendered on the Motion. However, in case of urgency, and at the request of the other litigant, a judge may be ap…

The Court of Appeal shall decide on the Motion for Disqualification if the judge whose disqualification is sought is a judge of the Court of Appeal or a judge of the Court of First Instance that is subordinate to the Cou…

1. If a Motion for Disqualification is filed against all judges of the Court of First Instance and the Court of Appeal grants such a Motion, the Court of Appeal shall assign the legal proceeding to another Court of First…

The rules and procedures set forth in Chapter VIII shall apply when a member of the Public Prosecution is sought to be disqualified where the Public Prosecution is an inventor in the underlying legal proceeding, based on…

Unless there is an agreement for amicable settlement signed by the litigants involved and duly attested by the Notary, the Court shall not, neither after the legal proceeding is set for adjudication nor in the course of …

Once the pleadings of the legal proceeding are completed, the court shall either adjudicate on the same or set a date for the rendering of a judgment thereon. Furthermore, the court may extend the date set for the render…

1. Deliberation of judgments shall be conducted confidentially between all the judges involved, and only the judges who have heard the pleadings may get involved in the deliberation process. 2. The Chief Justice shall co…

1. Under all circumstances, the judgments shall indicate their underlying grounds, and once rendered, shall be kept in the case file after being signed by the Presiding Justice and Judges of the Tribunal, whether electro…

1. The judgment shall indicate the court that rendered it, the date and place of its rendering, the type of case, the names of the judges who heard the pleadings and rendered the judgment, and the names of the litigants …

1. The copy of the judgment - based on which the judgment is to be enforced - shall be stamped with the official seal of the Court and signed by the competent officer after being appended with the writ of execution, and …

1. Notwithstanding the provisions of Articles [127] and [129] of this Code, the Tribunals provided for in Article [29.2] of this Code shall decide on the legal proceedings brought before them by a decision the grounds of…

1. Upon rendering a judgment or decision on the legal proceeding brought before it, the court shall, sua sponte, adjudicate on the legal costs. 2. The legal costs shall be determined against the losing party, and shall i…

The court may order that the prevailing party bear the legal costs of the legal proceeding, in whole or in part, if such a party has either caused unnecessary expenditure to be spent or left its adverse party unaware of …

If the Court denies certain claims of both litigants, the judgment may order that either each litigant bear the legal costs incurred thereby or the legal costs be divided between them as determined by the Court. However,…

1. The court may impose legal costs against the expenses arising from a legal proceeding or defense based on malicious grounds. 2. Without prejudice to the provisions of Article [133] of this Code, the court may, upon re…

1. The court may, either sua sponte or upon a motion of either litigant, and without pleadings, correct any purely material errors, whether typographical or mathematical, that exist in its decision or judgment. Such corr…

1. The litigants may file a petition with the court that renders a judgment for interpreting any vague or ambiguous aspects of such a judgment, and such a petition shall be filed based on the standard procedures for inst…

If the court fails to decide on any substantive claims, it shall, upon motion of any party concerned, consider the motion and issue a decision or judgment on the claims omitted, as the case may be, after serving the moti…

1. In the circumstances where a litigant has a right to have a writ issued in its favor by the Court, such a litigant shall file a writ petition with the competent judge or to the Presiding Judge of the Tribunal that is …

1. The petitioner whose writ petition is denied, the party against whom the writ is issued, and the parties concerned shall all have the right to file a grievance against decision made in respect of the writ petition wit…

A grievance against a writ shall not cause a stay of its execution. However, the court or judge may order a temporary stay of execution, in accordance with the provisions of Article [221] of this Code.

1. Notwithstanding the general rules for instituting a legal proceeding before the Court of first instance, the provisions contained in the following Articles shall apply if the creditor's right is well-established in wr…

1. The creditor shall first serve upon the debtor a notice for payment within at least five [5] days, following which, the creditor shall seek a writ of debt from the judge of the court within the territorial jurisdictio…

The judge shall decide whether the petition is granted or fully or partially dismissed. If he issues a decision of dismissal or inadmissibility of the petition, such a decision shall be reasoned. If the decision is relat…

1. The debtor shall be served with the writ of debt issued against it in accordance with the provisions and methods set forth in this Code. 2. The writ of debt issued against the debtor shall be deemed null and void if t…

1. The litigants may file a grievance against the writ of debts if the value thereof falls within the jurisdictional amount of the Court of First Instance, within [15] fifteen days following the date of serving the writ …

The rules for expedited enforcement shall apply to the writ of debt in accordance with the provisions of this Code.

Based on a debt that satisfies the conditions for issuing a writ of debt, if the creditor seeks a writ of garnishment over the debtor's property in the possession of third parties, the standard procedures shall apply to …

Notwithstanding the provisions set forth in this Chapter, if the legal proceeding brought before the court satisfies the conditions for issuing a writ of debt, the court shall decide thereon in accordance with the rules …

1. Judgments may only be challenged by the losing party, and no party, whose relief sought is, explicitly or implicitly, granted or awarded by the judgment, may challenge the judgment so rendered, unless the law provides…

The rulings rendered in the course of hearing the legal proceeding and which do not provide conclusive determination of the lawsuit may only be challenged after the conclusive judgment is rendered on the entire legal pro…

1. The time limit for challenging a judgment shall commence on the day immediately following the date on which the judgment is rendered, unless the law provides otherwise. Such a time limit shall commence as of the day o…

1. The time limit for challenging a judgment shall be interrupted when the losing party passes away or loses the locus standi for litigation or where the capacity of the person acting on his behalf ceases to exist. 2. Th…

1. If the prevailing party passes away within the time limit prescribed for challenging the judgment, the adverse party may file the challenge against the judgment and served the same upon all heirs of the prevailing par…

1. The challenge shall be served as per the situations described in Articles [9] and [10] of this Code. 2. If the party against whom the challenge is filed happens to be the Plaintiff or Appellant, and has not indicated …

1. Only the party filing the challenge may take advantage thereof, and only the party against whom the challenge is filed may be affected thereby. However, if the judgment is rendered on a matter that is indivisible, or …

1. The documents may only be returned back to the parties who have submitted the same either after the time limits prescribed for challenging the judgments have expired or after the challenge filed is decided on. 2. Phot…

1. Other than the situations excluded under a provision of the law, the litigants may appeal the rulings and judgments of the court of first instance before the competent court of appeal. 2. Judgments rendered by the cou…

1. Judgments and rulings rendered by the court of first instance within the jurisdictional amount thereof may be appealed on the grounds of the violation of the public order-related rules of jurisdiction, an invalidity a…

The time limit for appeal shall be thirty [30] days unless otherwise provided for in the law, and for summary proceedings, the time limit shall be ten [10] days.

If the judgment is rendered based on an act of fraud committed by the litigants, a forged document or perjury, or due to an instrumental document in the legal proceeding that is withheld by either litigant, the time limi…

1. Appealing the judgment rendered on a alternative claim shall inevitably entail appealing the judgment rendered on the original claim. In which case, the prevailing party of the original claim shall be sued, even after…

1. An appeal shall be filed by a statement of appeal deposited with the Case Management Office of the competent Court of Appeal and shall be registered immediately in the register prepared for that purpose or filed elect…

1. The Case Management Office of the Court with which the appeal is filed shall request that the file of the first instance case be joined – whether electronically or in a paper format – on the day immediately the filing…

1. The Appellee may, up to the date of the first hearing before the Case Management Office or the Court – as the case may be -, file an appeal either through the standard procedures or under a statement that includes the…

1. The appeal shall bring the case back to its original state existing before the rendering of the judgment or ruling appealed only with regard to the matter covered by the appeal. 2. The Court shall hear the appeal in c…

If the Court of First Instance decided on the merits of the case and the Court of Appeal is convinced that there has been an aspect of invalidity as to the judgment or a procedural invalidity that has affected the judgme…

Under all circumstances, the Court shall grant the discontinuance of the appellate proceeding if the Appellant waives its right to appeal.

The appeal shall be subject to the rules and procedures that are applicable to the legal proceedings before the Court of First Instance, unless otherwise prescribed by the law.

The litigants may file motions for reconsideration in respect of the final judgments and rulings rendered in the following instances: 1.If the adverse party has committed an act of fraud which affected the underlying jud…

The time limit for filing motions for reconsideration shall be thirty [30] days, which shall commence, in respect of the instances referred to in Articles [171.1], [171.2] and [171.3] of this Code, only as of the day on …

1. The Motion shall be filed with the Court that rendered the judgment, based on a petition to be deposited with the Case Management Office according to the standard procedures for instituting the case. 2. The petition s…

1. After hearing the statements of the litigants, the Court shall first decide on the inadmissibility of the motion. If admitted, the Court shall schedule a hearing for pleadings on the merits, with no need for a new ser…

1. The litigants may challenge by way of cassation judgments and decisions issued by Courts of Appeal where the value of the claim exceeds five hundred thousand (500,000) dirhams, or where the claim is of indeterminate v…

1. The Attorney General may challenge by way of cassation, on their own initiative or upon the request of the Minister of Justice or the Head of the Local Judicial Authority, as the case may be, accompanied by the ground…

1. The filing of a challenge by way of cassation shall cause a stay of execution of the judgment if the same establishes divorce or dissolution of marriage or is relating to the ownership of real property. 2. Other than …

The time limit for filing a challenge by way of cassation shall be thirty [30] days.

1. The challenge by way of cassation shall be filed based on a statement to be deposited with the Case Management Office of the court that rendered the judgment, the Federal Supreme Court or the Court of Cassation – as t…

The Petitioner may not invoke, before the Court, any ground not included in the statement of challenge, unless such a ground is relating to the public order. In the latter case, such a ground may be invoked at any time a…

1. A fixed fee of AED [2,000] two thousand dirhams shall be imposed on every challenge by way of cassation, while the ministries and government bodies and authorities and the like shall be exempt from such a fee. The chi…

1. The Case Management Office of the Court of Cassation shall serve the statement of challenge upon the Respondent within ten [10] business days following the filing day of the challenge. In addition, the Case Management…

1. The Respondent may implead into the challenge any party involved in the legal proceeding in respect of which the contested judgment is rendered and against whom the challenge is not filed. Such impleader shall take ef…

Every party, which is involved in the legal proceeding in respect of which the contested judgment is rendered and has not been served with the challenge, may intervene in the challenge to petition for dismissal of the ch…

1. The Judge Rapporteur shall draw up a summary report on the challenge grounds and the response thereto, and the Case Management Office shall, once the report is filed, present the case file to the Chief Justice in orde…

If the Court admits the challenge and the subject thereof is worthy of adjudication, or if the challenge is filed for the second time, the court shall decide on the challenge, and may satisfy the necessary procedures. Ot…

1. Overturning the judgment shall invalidate all judgments that relied upon the contested judgment regardless of the courts that rendered such judgments. 2. If the judgment is overturned in respect of only a part thereof…

Where the Court decides that the challenge be inadmissible, impermissible, or dismissed in whole or in part, it shall order the petitioner to pay the reasonable costs, in addition to confiscation of the security deposit,…

The court of cassation's judgments shall not be challenged by any of the means of challenge, except for the judgments rendered on the origin of the dispute, which may be challenged by way of motions for reconsideration i…

1. Without prejudice to Article [185.1], and notwithstanding the provision of Article [189] of this Code, the Court may revoke either the decision made thereby in chambers or its final judgment, either sua sponte or upon…

1. The challenge by way of cassation shall be subject to the rules and procedures that are applicable to the appeal before the court of appeal, insofar as the same does not go against the provisions of this Chapter. 2. J…

If the Debtor wishes to pay off their debt, they may make a real offer to the Creditor of the money, documents, or movables that the Debtor is required to pay off in the Creditor's domicile. Such offer is made by an appl…

The Debtor may, along with the offer, request the approval of the Creditor to release the Debtor's assets from the in-kind guarantee or from any other disposal-restricting restrictions.

To be deemed valid, the offer shall meet the following requirements: 1. It shall be addressed to a person who is qualified to receive it, or to their representative. 2. It shall be made by a person who is eligible to per…

1. If the offer is money or other items that can be moved or lodged in the Court's Treasury and the person, to whom the offer was submitted, has rejected it, the President of the Court of First Instance or the session's …

Validity of the offer could not be ascertained by a Court decision unless the offered property and any relevant expenses accrued up to the date of depositing are deposited, and the Court may, along with its ruling regard…

The Debtor may retract an offer the Creditor has not accepted and may be refunded all the deposits the Debtor made after the lapse of (10) ten days from the date on which the Creditor is notified of the offer and the dep…

Retraction of the offer is not permissible nor returning back the offered property after the Creditor has accepted the same or after the validity of the offer is assured by the court and such assurance decision becomes f…

The Creditor may accept an offer they have refused earlier, and may receive the deposits made for this purpose unless the Debtor has already retracted the offer.

The Judges of the Courts of First Instance and the Courts of Appeal and the Members of the Public Prosecution may be sued in the following circumstances: 1. If a fraud, a deceit or a flagrant professional mistake has bee…