Appeal Procedure in the UAE Court
Power is the responsibility of every individual. UAE law respect the rights of every people irrespective of the residents and expatriates. Courts in the UAE created a hierarchy of levels in different degrees of courts. For the complete justice the UAE adopted a three levels of court system for litigation purposes. They are Court of First Instance, Court of Appeal and Court of Cassation. If the base level fails, then people start going for appeals. Opting the appeal reveals the power of seeking justice. Moving to the next levels increases the chances of winning the complete justice.
Court of First Instance
In this court the first degree of litigation related to civil, commercial, labour, administrative and personal law are carried out. They include all the primary examination of all statements, documents, urgent matters and safeguards. They also are in charge of enforcing judicial execution deeds or reference.
Court of Appeal
When the party finds not satisfied with the ruling of Court of First Instance, an appeal can be filed before the Court of appeal. This court has three judges in all circuits. The civil, criminal, commercial, personal or administrative law jurisdiction might be challenged before the Court of Appeal. Both major and minor cases can be presented before this court.
The appeals are to be related to the law points. When the points are in dispute, the court will take the dispute afresh and further submission of evidences are to be made. As per the Federal Law No:11 of 1992 amended by Law No:10 of 2014 of civil cases, the appeal must be done accordance with the said procedure. In the same way for criminal cases, as per the Federal law No:35 of 1992, the appeal must be made according to the Criminal Procedure included in it.
The time limit of appealing the decision will be within 30 days. Extension in the time limit may take place according to the court procedure. The minimum amount of civil suit for the jurisdiction of court to triggered is AED 20,000. In case if the amount is less than the minimum amount, it might result in the extinguishment of right of appeal.
The procedure in the court of appeal is not a difficult task. They include normal procedure. The relevant documents are to be submitted before the court by both the parties. All the evidences, memoranda and pleadings are to be included in the submitted documents. After then the parties are allowed to comment on the submitted documents. If necessary, the counter appeals can be made. Counter appeals are accepted only on the condition that they are filed before the date of hearing. Finally, the court gives the final judgement on the appeal.
Court of Cassation
Court of Cassation is the highest body and final appellate court in the judicial system of Dubai. Sometimes the judgement made by the Court of Appeal might be challenged before the Court of Cassation. This court hears the appeal against the decision made in the Court of Appeal. The decisions made in this court are final and no further appeal are possible. This court contain a Chief justice along with four judges. They examine the criminal, personal, civil and commercial cases.
The judgements finalized from this court are published in the court gazette. This can make interpretation in the future laws. Only important appeal points interpret in the court. The appeal can be submitted in the Court of Cassation within 60 days from the day of judgement made in the Court of Appeal. If the case is very urgent, then the final judgement can be made within 10 days. Time limit can be extended based on the court proceedings. The minimum amount for appeal in civil cases is AED 200,000 and for criminal cases there is no minimal fixed amount.
After hearing the voice of both the parties and analyzing the submitted documents, the Court of Cassation announces the final judgement. If any irregularity occurs, they will transfer back the case to Court of Appeal. If so happens, the further hearings are ordered.
- The official language of the court is Arabic and all the procedure are carried out in Arabic itself. In case if any of the parties or witnesses doesn’t know Arabic, then legal translators are appointed for help.
- The key for representation of clients in the courts are the Power of Attorneys.
- For reviewing the documents, experts are appointed in the court.
- The hearings are to be made in the public. All the court files are kept confidential and cannot be checked by the public.
Base is the strength of everything. Without a perfect trustful lawyer an appeal could not be successful. Many people might not be knowing the legal formalities in the UAE, but should be in need of choosing for appeal. For further clarifications you can get free legal consultation in Dubai and can find lawyer in the UAE through our service. You can also get online legal advice in Dubai by opting us through https://iadvise.live.
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