Judicial Costs

The system of judicial costs' FAQs

The system of judicial costs

What do we mean by judicial costs? (What's a court charge?)

The system of judicial costs is: A system promulgated by Royal Decree No. M/16 in the 30th of Muharram, 1443 H, aimed at reducing vexatious and fictitious actions and enhancing the judicial efficiency, which would contribute to the fulfillment of rights.

What are the cases and requests excluded?

1.General criminal and disciplinary proceedings and related requests.
2. Personal status issues and related requests other than a motion for cassation and a petition for consideration.
3. Terminations and related requests .
4. Proceedings and applications of the Board of Grievances.
5. Proceedings and applications arising from the application of bankruptcy provisions.
6. Proceedings and applications relating to claims for the division of estates (instance of inheriting) other than motions for cassation and petitions for reconsideration.

Who's exempt from judicial costs?

1- Prisoners and detainees at the time of entitlement of judicial costs in non-criminal financial cases in proceedings made by them or against them.
2- Workers covered by, excluded from and entitled to claim their benefits arising from employment contracts are ministries and government agencies.
3- Government ministries and agencies.
4- Social Security Beneficiaries.

Who bears the costs?

Unless otherwise provided in the Regulations or Statues and in the event that the applicant is not correct in part of his or her application, the amount of the judicial costs established for the proceedings and related applications shall be borne by the convict.

Collection of judicial costs?

The system has taken into account the preservation of the principle of the right of litigation and access to justice by enabling the applicant to institute his/her case without suspending the payment of costs on the restriction or prosecution of the case. The value of the judicial costs established for the proceedings and the related applications shall be borne by the loser and, in the event that the claimant is not right in part of his or her claim, the judicial costs shall be borne, partially. If the case is settled, the conciliators shall bear the judicial costs equally unless otherwise agreed.

Who issues the judicial costs' payment bonds?

The administration of judicial costs
1.That is to determine the lawsuit or requests value in accordance with the provisions and the executive regulations. When registering the lawsuit or request, the plaintiff or the applicant is to be informed.
2.The final estimate issued by the Department shall be considered an executive liability and shall be satisfied in accordance with the Regulation.

Duration of objection to judicial costs?

A person, who is obligated by judicial costs, may object to the assessment within fifteen (15) days from the date of notification, if the conditions stipulated in the executive regulations of the system are fulfilled.

When are judicial costs reimbursed?

1. If judged in favor of the defender of judicial costs.
2. The judge's or judges' challenge was requested and the request for challenge was granted.
3. Request for reconsideration (correction) and interpretation of the judgment if the request is granted.
4. If the appellant's judgment is totally reversed, the appeal shall be exempted from the value of the application, if the judgment is partially reversed, to the extent that the part is exempted, and, if the case is remanded to the court, the challenged judgment.
5. If the applicant leaves his case prior to the first hearing in accordance with the statutory procedures.
6. Proceedings that end in reconciliation before the first hearing.
7. Proceedings relating to special rights brought by association with criminal cases if they end in reconciliation in any case in which the proceedings are brought and the procedures and rules for doing so are set out in the Regulations.