Court of Appeal is the second degree of
litigation and competent in looking into
contest to verdicts and judgments of First
Instance Court, which are dissatisfied by
convicted peoples whether these verdicts are
Criminal or Civil or minor or major cases
issued by First Instance Courts of Personal
Status, Civil, Commercial, Real-estate or
Labor. The minimum cash limit for the
jurisdiction of the court is AED. 20,000 and
for more details on the jurisdiction of the
court you can refer the Articles from 158 to
168 of Civil Procedures Law No: 11 of 1992.
The verdicts of this Court may be challenged
at Cassation Court according to the
provisions and situations stipulated in the
above said act. The circuit of this Court is
formed by three Judges presided by one of
them.
Commercial cases
of full jurisdiction are cases
in which the plaintiffs aim to
protect legal positions,
pecuniary or property rights
resulting from commercial acts
by nature or by practicing trade
professionally or those
resulting from commercial
dealings or transactions
whenever the disputed rights are
not determined in value or that
this value is in excess of
100000 Dirham provided they are
not related to labor
relationships, personal status,
estates or Wakfs.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:One
fifth of the fees for full
jurisiction with observance of
the minimum and maximum level of
these fees.
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Relevant
with due compliance with the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees provided the value
of the case is Ten Thousand
Dirhams or more or of
undetermined value.
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Irrelevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Civil cases of full jurisdiction
Civil cases of full jurisdiction
are cases in which the
plaintiffs aim at protecting
legal positions, pecumiary or
property rights resulting from
civil acts whenever the value of
these rights are undetermined or
in excess of 100000 Dirham and
do not relate to commercial
dealings or transactions, labour
relationships, personal status,
estates or Wakfs.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:One
fifth of the fees for full
jurisiction with observance of
the minimum and maximum level of
these fees.
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Relevant
with due compliance with the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees provided the value
of the case is Ten Thousand
Dirhams or more or of
undetermined value.
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Irrelevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Civil and commercial cases of
summary jurisdiction
Civil and
commecial cases of summary
jurisdiction are cases in which
the plaintiffs aim at protecting
legal positions, pecumiary or
property rights deriving and
resulting from civil or
commercial transactions or
dealings and do not relate to
causes connected with labor
relationships or personal status
and estates and wakfs, whenever
these cases are detyermined in
value and this value is not in
excess of 100000 Dirham.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:One
fifth of the fees for full
jurisiction with observance of
the minimum and maximum level of
these fees.
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Relevant
with due compliance with the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees provided the value
of the case is Ten Thousand
Dirhams or more or of
undetermined value.
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Irrelevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Labor cases of full jurisdiction
Labor cases offull jurisdiction
are cases introduced by workers
against their employers in the
private sector in order to
protect their rights emanating
from the labor relationship by
vertue of labor contracts
supervised by the concerned
ministry, whenever their value
is in excess of 100000 Dirham.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:One
fifth of the fees for full
jurisiction with observance of
the minimum and maximum level of
these fees.
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Relevant
with due compliance with the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees provided the value
of the case is Ten Thousand
Dirhams or more or of
undetermined value.
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Irrelevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Labor cases of summary
jurisdiction
Labor cases of
summary jurisdiction are cases
introduced by workers against
their employers in the private
sector to protect their rights
emanating from the labor
relationship by virtue of labor
contracts supervised by the
concerned ministry, whenever
their value does not exceed
100000 Dirham.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:One
fifth of the fees for full
jurisiction with observance of
the minimum and maximum level of
these fees.
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Relevant
with due compliance with the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees provided the value
of the case is Ten Thousand
Dirhams or more or of
undetermined value.
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Irrelevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Writs of performance
Writs of
performance are orders on
petition and are considered an
exception to the general rule of
raising a lawsuit to recover
rights. It is practiced whenever
the creditor's right is
evidenced in writing, due for
payment and the right claimed is
a monetary debt determined in
value. It is also practiced if
the rigjt owner is a creditor by
virtue of a commercial paper and
his claim is restrictively
addressed to the drawer, the
maker, the acceptor or the
guarantor. The request to issue
the order must be preceded by a
five day prior notice addressed
by the creditor to the debtor
asking him to effect payment.
The amount claimed in the notice
of payment may not be less than
the right claimed in the
petition to issue the order of
payment.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:One
fifth of the fees for full
jurisiction with observance of
the minimum and maximum level of
these fees.
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:both
irrelevant
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees provided the value
of the case is Ten Thousand
Dirhams or more or of
undetermined value.
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Irrelevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Summary cases
Summary cases
are cases in which the
petitioners aim at obtaining
urgent judicial protection of
the necessary means to decide
the merits of the case or to
make the substantive protection
more efficient by means of
requesting the issuance of
judicial orders to the effect of
taking practical, provisional
and protective measures from the
risk of delay in payment that do
not affect the substance of the
disputed right, such as cases
for hearing a witness - claims
to appoint a judicial guardian.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:One
fifth of the fees for full
jurisiction with observance of
the minimum and maximum level of
these fees.
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Both
rlevant with due compliance with
the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees provided the value
of the case is Ten Thousand
Dirhams or more or of
undetermined value.
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Irrelevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Addition and exclusion of a
Moslem heir
Cases for the
addition and exclusion of a
Moslem heir is a litigation
concerning an estate where all
or one of the litigants are
moslems and where the plaintiff
aims at establishing that there
is a litigation on a matter
included in the declaration of
inheritance issued by the court,
either by introducing a heir
whose name was not mentioned in
the Declaration, when issued, or
the exclusion of another person
whose name appears in the
declaration but is not a legal
heir, or both claims.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:20
Dirhams (1/5th of the fees for
full jurisdiction cases)
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Both
rlevant with due compliance with
the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Imperative
or optional depending on its
position in the case
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Addition and exclusion of a
non-Moslem heir
Cases for the
addition and exclusion of a
non-Moslem heir is a litigation
between non-Moslems where the
plaintiff aims at establishing
that there is a litigation on a
matter included in the
declaration of ineritance either
by introducing a heir whose name
was not mentioned in the
Declaration, when issued, or the
exclusion of another person
whose name appeared in the
declaration but is not a legal
heir, or both claims.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:20
Dirhams (1/5th of the fees for
full jurisdiction cases)
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Both
rlevant with due compliance with
the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Imperative
or optional depending on its
position in the case
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Moslems pecuniary status
Cases
concerning Moslems pecuniary
status are requests and matters
concerning Moslems and relating
to wardship by relatives,
tutorship on minors and custody
of their property, guardianship,
curatorship, granting permission
to administer property of their
ward, establishing the absence
of a person or his disappearance
or naming the judicial
assistants.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:20
Dirhams (1/5th of the fees for
full jurisdiction cases)
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Both
rlevant with due compliance with
the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Imperatively
relevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Non-Moslems pecuniary status
Cases concerning non-Moslems
pecuniary status are requests
and matters concerning
non-Moslems and relating to
wardship by relatives, tutorship
on minors and custody of their
property, guardianship,
curatorship, granting permission
to administer property of their
ward or establishing the absence
of a person or his disappearance
and the naming of the judicial
assistants.
Formation of Department:3
judges+Secretary
Abate by
time:Relevant with
observance of the procedural
delays and the law on fees
Charges:20
Dirhams (1/5th of the fees for
full jurisdiction cases)
Expedition:Relevant
with observance of the
procedural delays and the law on
fees
Insertion and
Interference:Both
rlevant with due compliance with
the law
Complaint:irrelevant
Occasional
Applications:irrelevant
Appellant:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Deletions:Relevant
with observance of the
procedural delays and the law on
fees
Petition for review:Relevant
with due observance of the
delays, procedural rules and the
law on fees
Renewal:Relevant
with observance of the
procedural delays and the law on
fees
Interference of
Prosecution:Imperatively
relevant
Entails:Relevant
with observance of the
procedural delays and the law on
fees
Personal status of Moslems
Cases of personal status of Moslems are cases of personal status aiming at protecting legal positions relating to family matters such as engagements, marriage, rights of the spouses, divorce and all ensuing rights and effects deriving therefrom and from separation. In addition, establishing or denying kinship with relatives provided one of the parties thereto is a Moslem.
Formation of Department:3 judges+Secretary
Abate by time:Relevant with observance of the procedural delays and the law on fees
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases); except alimony cases (10 Dirhams) for appeal.
Expedition:Relevant with observance of the procedural delays and the law on fees
Insertion and Interference:Both rlevant with due compliance with the law
Complaint:irrelevant
Occasional Applications:irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Deletions:Relevant with observance of the procedural delays and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Interference of Prosecution:Imperative or optional depending on its position in the case
Entails:Relevant with observance of the procedural delays and the law on fees
Personal status of non-moslems
Cases of personal status of non- Moslems are cases of personal status aiming at protecting legal positions relating to family matters such as engagements, marriage, rights of the spouses, divorce and all rights and effects deriving therefrom and from separation. In addition, establishing and denying kinship fwith relatives provided one of the parties thereto is a non-Moslem.
Formation of Department:3 judges+Secretary
Abate by time:Relevant with observance of the procedural delays and the law on fees
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases); except alimony cases (10 Dirhams) for appeal.
Expedition:Relevant with observance of the procedural delays and the law on fees
Insertion and Interference:Both rlevant with due compliance with the law
Complaint:irrelevant
Occasional Applications:irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Deletions:Relevant with observance of the procedural delays and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Interference of Prosecution:Imperative or optional depending on its position in the case
Entails:Relevant with observance of the procedural delays and the law on fees
Wakf
Cases of wakf to charitable institutions or family wakf as well as litigations relating thereto are personal status cases and are limited to real property. These cases are examined in the presence of certain opponents or without the presence of any which means that the said cases are mixed ones and could be personal or real cases.
Formation of Department:3 judges+Secretary
Abate by time:Relevant with observance of the procedural delays and the law on fees
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases)
Expedition:Relevant with observance of the procedural delays and the law on fees
Insertion and Interference:Both rlevant with due compliance with the law
Complaint:irrelevant
Occasional Applications:irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Deletions:Relevant with observance of the procedural delays and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Interference of Prosecution:Imperatively relevant
Entails:Relevant with observance of the procedural delays and the law on fees
Grievances
Oppositions to execution are described as temporary litigations concerning forced execution in which is required to issue a temporary judgment stalling the execution or resuming it without interfering in the substance of the right. Oppositions are submitted either by a memorandum of claims alike the submission of lawsuits or is raised before the execution officer prior to or in the course of implementing the seizure procedure or prior to its completion. The first opposition stalls the execution procedures.
Formation of Department:3 judges+Secretary
Abate by time:Relevant with observance of the procedural delays and the law on fees
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Expedition:Relevant with observance of the procedural delays and the law on fees
Insertion and Interference:Both rlevant with due compliance with the law
Complaint:irrelevant
Occasional Applications:irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Deletions:Relevant with observance of the procedural delays and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Interference of Prosecution:Irrelevant
Entails:Relevant with observance of the procedural delays and the law on fees
Opposition to execution
Opposition to execution are described as temporary litigations concerning forced execution in which is required to issue a temporary judgment stalling the execution or resuming it without interfering in the substance of the right. Oppositions are submitted either to the court by means of the same procedure followed for introducing a lawsuit or to the execution officer prior to or during the execution process or before its completion. The first opposition stops the execution .process
Formation of Department:3 judges+Secretary
Abate by time:Relevant with observance of the procedural delays and the law on fees
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Expedition:Relevant with observance of the procedural delays and the law on fees
Insertion and Interference:Both rlevant with due compliance with the law
Complaint:irrelevant
Occasional Applications:irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Deletions:Relevant with observance of the procedural delays and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Interference of Prosecution:Irrelevant
Entails:Relevant with observance of the procedural delays and the law on fees