Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
4
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
5
The ratified proxy or the legal representation document should be attached.
6
Payment of the fees equal to 7.5% of the amount subject of lawsuit with a minimum of ten Dirhams in addition to the identification Dirham fee.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
4
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
Notice
Minor lawsuits are the lawsuits of which the rights claimed are not in excess of one hundred thousand dirhams.
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Attendance of the plaintiff or his representative whether an attorney or a relative up to the fourth degree.
3
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
4
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
5
A referral letter from the Ministry of Labor and Social Affairs stating the impossibility of friendly settlement. The proxy is either an attorney or plaintiff's relative up to the fourth degree.
6
The ratified proxy should be attached.
7
The fee of this lawsuit is 5% of the claimed right. It is a postponed fee until the final adjudication of the lawsuit. The defendant is obligated by its payment when the lawsuit is submitted by the worker. The plaintiff may be charged with this fee or part of it according to the judgment rendered in the lawsuit.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Notice
Minor lawsuits are the lawsuits concerning claims which are not in excess of one hundred thousand dirhams
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Attendance of the plaintiff or his representative whether an attorney or a relative up to the fourth degree.
3
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
4
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
5
The ratified proxy should be attached.
6
The fee of this lawsuit is 5% of the claimed right. It is a postponed fee until the final adjudication of the lawsuit. The defendant is obligated by its payment when the lawsuit is submitted by the worker. The plaintiff may be charged with this fee or part of it according to the judgment rendered in the lawsuit.
7
A referral letter from the Ministry of Labor and Social Affairs stating the impossibility of friendly settlement.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Notice
The right claimed in this lawsuit is in excess of one hundred thousand dirhams.
Full jurisdiction trade lawsuits (The right in this lawsuit is resultant from a trade transaction of which one or all of its parties is a trader, and the value of which is in excess of one hundred thousand Dirhams)
Requirments
1
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
4
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
5
The ratified proxy or the legal representation document should be attached.
6
Payment of fees at the rate of 7.5% for the first one hundred thousand, 6% for the second one hundred thousand, 5% of the amounts in excess, in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Full jurisdiction civil lawsuit. (The right in this lawsuit is resulting from a civil transaction and is in excess of one hundred thousand dirhams).
Requirments
1
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
4
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
5
The ratified proxy or the legal representation document should be attached.
6
Payment of fees at the rate of 7.5% for the first one hundred thousand, 6% for the second one hundred thousand, 5% of the amounts in excess, in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
A lawsuit for the enforcement of a foreign judgment given by the court of another country
Requirments
1
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
4
The ratified proxy or the legal representation document should be attached.
5
The foreign judgment must be attached to the pleading with its legal translation to the Arabic language if issued in another language.
6
Proof of notification of the foreign judgment and that it is irrevocable and enforceable in the issuing country should be attached.
7
Payment of the proportional fees on the right as adjudged by this judgment and in conformity with the provision of paragraph c of section 3 of article no. (19) of the Law of Courts Fees no. (1) year 1994 and its amendments.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Co-ownership termination or accommodation of a real estate
Requirments
1
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
4
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
5
The ratified proxy or the legal representation document should be attached.
6
The title deed of the real estate should be attached; if it is in the plaintiff's possession.
7
A referral letter from Lands and Properties Department should be attached.
8
Payment of fees equal to 1% of the real estate total value provided that the fee is not in excess of thirty thousand Dirhams in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Notice
Accommodation of a real estate is designed to enable the proprietors by co-ownership to partaking the exploitation and the benefit of the real estate, such as some of them shall exploit and benefit from a part of this real estate for a fixed time and the others shall exploit and benefit from the other part; such exploitation and benefiting shall be in rotation.
Lawsuits for distribution, partition and warding off
Requirments
1
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
3
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
4
The ratified proxy or the legal representation document should be attached.
5
The title deed of the real estate should be attached; if it is in the plaintiff's possession.
6
A referral letter from Lands and Properties Department should be attached.
7
Payment of fees equal to 1% of the real estate total value provided that the fee is not in excess of thirty thousand Dirhams in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Notice
These lawsuits are submitted to determine the shares of each of the real estates' proprietors and their distribution among them or the maintenance of the status of co-ownership.
A lawsuit concerning the validity and enforcement of a contract or its rescission or nullity
Requirments
1
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
3
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
4
The ratified proxy or the legal representation document should be attached.
5
Payment of fees at the rate of 7.5% for the first one hundred thousand, 6% for the second one hundred thousand, 5% of the amounts in excess, in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The pleading and attachments shall be filed with the registration department.
2
The registration shall be made and a session shall be fixed for examination of the case and shall be notified to the plaintiff.
3
The defendant shall be notified of the pleading and the session determined for its examination through the notification department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Lawsuit filed by the debtor declaring his bankruptcy
Requirments
1
Submitting an application of bankruptcy declaration at the registry department specifying the full names of creditors or their name and surname at least, their full addresses, nationality and details of the claims with copies equal to the numbers of litigants. The proxy is either an attorney or a person related to the applicant of declaration with blood relationship up to the fourth degree.
2
Attendance of the applicant of the bankruptcy declaration, with proof of identity, in person or by a representative. The proxy is either an attorney or a person related to the applicant of declaration with blood relationship up to the fourth degree.
3
A copy of the last balance sheet; signed according to accountancy norms should be attached together with the profits and losses account.
4
Statement of the total personal expenses concerning the two years preceding the application of declaration of bankruptcy or the period of trading ,if less, should be attached.
5
A detailed report must be attached concerning his properties whether real or personal properties and their approximate value.
6
A report should be attached concerning the names of creditors, debtors, their addresses, amount of debts and guarantees .
7
A report of protests drafted within the years preceding the application of declaration of bankruptcy. Documents must be dated by the applicant of bankruptcy. Where some documents are impossible to submit or to complete the information contained therein, the report must include the reasons therefore.
8
Compulsory commercial books should be attached.
9
Payment of fees of two hundred and fifty Dirhams in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The texts of the articles 645 to 900 of the Code of Commercial Transactions no. 18 of 1993, regulate all the matters and lawsuits concerning bankruptcy of traders, and individuals and trade companies.
Declaration of bankruptcy lawsuit submitted by other than the debtor
Requirments
1
Submitting an application of bankruptcy declaration at the registry department specifying the full names of creditors or their name and surname at least, their full addresses, nationality and details of the claims with copies equal to the numbers of litigants. The proxy is either an attorney or a person related to the applicant of declaration with blood relationship up to the fourth degree.
2
Attendance of the applicant of the bankruptcy declaration, with proof of identity, in person or by a representative. The proxy is either an attorney or a person related to the applicant of declaration with blood relationship up to the fourth degree.
3
Documents, if any, should be attached to the documents' folder with copies equal to the litigants number. Documents submitted in foreign language must be translated to the Arabic language by a legal translator.
4
Payment of fees of five thousand Dirhams in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The texts of the articles 645 to 900 of the Code of Commercial Transactions no. 18 of 1993, regulate all the matters and lawsuits concerning bankruptcy of traders, and individuals and trade companies.
Documents, if any, should be attached to the documents' folder with copies equal to the litigants number. Documents submitted in foreign language must be translated to the Arabic language by a legal translator.
2
Submitting the application at the registration department with clear specification of facts , reasons, full names of litigants or the name and surname at least, their full addresses, nationality and the detailed claims with copies equal to the litigants number.
3
A certificate from the Chamber of Commerce indicating continuous trade practicing within the year preceding the conciliation application.
4
A statement of the names of creditors, debtors, addresses, amount of rights or debts and the additional guarantees, should be attached.B166
5
A statement of the total personal expenses concerning the year preceding the conciliation application should be attached.
6
Attendance of the applicant to conciliation in person or by proxy or through his legal representative. The proxy is either an attorney or a person related to the applicant of settlement with blood relationship up to the fourth degree.
7
Compulsory commercial books should be attached.
8
A copy of the last balance sheet; signed according to accountancy norms should be attached together with the profits and losses account.
9
The debtor's acknowledgment that no judgment is rendered against him for any of the crimes specified in article (839/2) of the Commercial Transactions Code, and that no conciliation or any enforceable order ever been obtained. If the application is in reference to a company, copies of its articles of incorporation, and its by-laws duly ratified by the commercial registry, in addition to the documents proving the applicant's capacity, a copy of the partners' decision or the general assembly requesting conciliation and a report of the names of joint partners and addresses should be attached. The documents must be dated and signed by the applicant of conciliation. If it is impossible to submit any of these documents or complete the requested information, this must be mentioned in the application.
10
Payment of fees of 1000 Dirhams in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The texts of the articles 645 to 900 of the Code of Commercial Transactions no. 18 of 1993, regulate all the matters and lawsuits concerning bankruptcy of traders, and individuals and trade companies.
Lawsuit in opposition to the declaration of bankruptcy and to those emanating from bankruptcy
Requirments
1
Submitting the opposition petition written according to the provision of article (42) of the Civil Procedural Code no. (11) year 1992 including the full name of the plaintiff and the defendant, their correct addresses, facts and claims.
2
Copies of the opposition pleading equal in number to the litigants number should be attached.
3
The documents, if any, should be attached in one original and copies equal to the litigants' number. If these documents are drawn up in a foreign language, their legal translation to the Arabic language should be submitted.
4
Attendance of the opposer, his attorney or his legal representative such as the tutor, the guardian, the custodian, the establishment's owner or the company's manager. The proxy is either an attorney or a person related to the opposer with blood relationship up to the fourth degree.
5
The ratified proxy or the legal representation document should be attached.
6
Payment of fees of one thousand and five hundred Dirhams in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The texts of the articles 645 to 900 of the Code of Commercial Transactions no. 18 of 1993, regulate all the matters and lawsuits concerning bankruptcy of traders, and individuals and trade companies.
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
4
The ratified proxy or the legal representation document should be attached.
5
The documents, if any, should be attached in one original and copies equal to the litigants' number. If these documents are drawn up in a foreign language, their legal translation to the Arabic language should be submitted.
Steps
1
The lawsuit shall be registered at the registration department.
2
A session shall be fixed for examination of the lawsuit and notified to the plaintiff.
3
The litigants shall be notified of the lawsuit and time of session through the bailiffs' department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Notice
A lawsuit, in which shall be requested, the enforcement of a clause in a contract that obligates recourse to arbitration before resorting to the courts, should a dispute arise between the parties to this contract.
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
4
The ratified proxy or the legal representation document should be attached.
5
The documents, if any, should be attached in one original and copies equal to the litigants' number. If these documents are drawn up in a foreign language, their legal translation to the Arabic language should be submitted.
Steps
1
The lawsuit shall be registered at the registration department.
2
A session shall be fixed for examination of the lawsuit and notified to the plaintiff.
3
The litigants shall be notified of the lawsuit and time of session through the bailiffs' department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
4
The ratified proxy or the legal representation document should be attached.
5
The documents, if any, should be attached in one original and copies equal to the litigants' number. If these documents are drawn up in a foreign language, their legal translation to the Arabic language should be submitted.
Steps
1
The lawsuit shall be registered at the registration department.
2
A session shall be fixed for examination of the lawsuit and notified to the plaintiff.
3
The litigants shall be notified of the lawsuit and time of session through the bailiffs' department.
4
The lawsuit shall be examined until a final judgment is rendered or other decision according to the circumstances of each lawsuit.
Submitting the application written according to the provision of article (42) of the Civil Procedural Code no. (11) year 1992 including the full names of the plaintiff and the defendant, their correct addresses, facts and claims supported by the arbitral award requested to be ratified.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
The ratified proxy or the legal representation document should be attached.
4
The documents, if any, should be attached in one original and copies equal to the litigants' number. If these documents are drawn up in a foreign language, their legal translation to the Arabic language should be submitted.
5
Attendance of the applicant, his proxy or his legal representative like the tutor, the guardian, the establishment's owner or the company's manager.
6
Payment of fees at the rate of 7.5% for the first one hundred thousand, 6% for the second one hundred thousand, 5% of the amounts in excess, in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The application and its attachments shall be submitted to the registration department.
2
The application shall be registered and a session shall be fixed to examine it, and it shall be notified to the applicant.
3
The litigants shall be notified of the application and time of session through the notification department.
4
The application shall be examined until ratification or any other decision be rendered according to circumstances.
Submitting the application written according to the provision of article (42) of the Civil Procedural Code no. (11) year 1992 including the full names of the plaintiff and the defendant, their correct addresses, facts and claims supported by the arbitral award requested to be ratified.
2
Submitting copies of the application equal in number to the litigants number.
3
Attendance of the applicant, his proxy or his legal representative like the tutor, the guardian, the establishment's owner or the company's manager.
4
The ratified proxy or the legal representation document should be attached.
5
The documents, if any, should be attached in one original and copies equal to the litigants' number. If these documents are drawn up in a foreign language, their legal translation to the Arabic language should be submitted.
6
Payment of fees at the rate of 7.5% for the first one hundred thousand, 6% for the second one hundred thousand, 5% of the amounts in excess, in addition to the identification Dirham fee of ten Dirhams.
Steps
1
The application and its attachments shall be submitted to the registration department.
2
The application shall be registered and a session shall be fixed to examine it, and it shall be notified to the applicant.
3
The litigants shall be notified of the application and time of session through the notification department.
4
The application shall be examined until a rejection or any other decision be rendered according to the circumstances.
Application for revocation of judges, experts or arbitrators
Requirments
1
Submitting the pleading in two copies written in accordance with theprovision of article 42 of the Civil Procedural Code no. (11) year 1992, including the full name of the plaintiff and the defendants, the correct addresses, facts and claims.
2
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
3
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
4
Attendance of the plaintiff, his proxy or his legal representative like the tutor, the guardian, the custodian, the owner of the establishment or the company's manager.
5
The ratified proxy or the legal representation document should be attached. The proxy must stipulate that representative is competent to submit the removal application.
6
Payment of fees of two hundred Dirhams in addition to the identification Dirham fee of ten Dirhams.
7
Payment of a guarantee of one thousand Dirhams. This guarantee may be repeated concerning the judge's removal application.
Steps
1
The application shall be submitted to the judge.
2
The President of the court shall refer the application to the judge whose answer is required and he shall be given a delay of seven days to give his answer.
3
If the judge's answer to the challenge is accepting the reasons thereto and also in case he does not give his answer within the mentioned period, the President of the Court shall order his removal from the case. The application of challenging the expert or the referee shall be submitted to the registration department and be subject to the same rules enforced on the lawsuit pleadings as regards the determination of the session, notification?etc.
Notice
A petition challenging the competence of the judge, the expert or the arbitrator to examine the lawsuit, give advice or carry out the arbitration
Submitting the application written according to the provision of article (42) of the Civil Procedural Code no. (11) year 1992 including the full names of the plaintiff and the defendant, their correct addresses, facts and claims supported by the arbitral award requested to be ratified.
2
The notice addressed by the creditor (plaintiff) to the debtor asking for the payment of the debt should be attached when five days at least have elapsed since this notification.
3
Attendance of the creditor (plaintiff), his proxy or his legal representative like the tutor, the guardian, the custodian, the establishment's owner or the company's manager. The proxy is either an attorney or a person related to the plaintiff with blood relationship up to the fourth degree.
4
Additional number of copies of the pleading should be attached equal to the defendants number (litigants).
5
Documents confirming the lawsuit should be attached, and shall be composed of first copy to the court and a number of copies equal to the defendants number (litigants). If the documents are drawn up in a foreign language, they must be submitted with their legal translation.
6
The ratified proxy or the legal representation document should be attached.
7
Payment of fees at the rate of 7.5% for the first and second one hundred thousand, 6% for the third one hundred thousand, 5% for the amounts in excess up to a maximum of thirty thousand Dirhams, in addition to the identification Dirham fee of ten Dirhams fee.
Steps
1
The payment order application and its attachment shall be submitted to the registration department.
2
The payment order application shall be registered and presented to the competent court to adjudicate and render a decision within three days at most. The order rendered shall be considered null and void if it is not notified to the debtor within six months from the date of its issuance. If the court decided to dismiss the application, a session shall be determined to adjudicate the payment order and shall proceed to hear the case on the merits. The litigants shall be notified of the appointed time of session.
Notice
An exceptional means of filing a lawsuit should the disputed right fulfill the following conditions: - The right is proved in writing. - The right is due. - The right is a determined cash amount
Preparation of the petition including the information concerning the names of litigants, their capacities, their addresses, date of the judgment subject to the petition for review and date of its notification, in case the notification took place, indicating the groundings of the petition, petitioner claims provided that the petition for review is drawn up in Arabic language. The petition and its groundings shall be submitted in one copy to the clerks' office and copies equal to the litigants number.
2
Petition for review must be registered within a time limit of 30 days at most pursuant to the provision of article (170) of the Civil Procedural Code no. (11) year 1992.
3
The proxy issued by the petitioner or the petitioners to the attorney should be attached if the petition is submitted by the attorney. The proxy must be ratified. Documents drawn up in foreign language and attached to the petition must be supported with its legal translation to the Arabic language.
4
Payment of the fee concerning the petition of review which is half the First instance fee in addition to the identification Dirham fee of ten Dirhams.
5
Payment of a guarantee of five hundred Dirhams in addition to the identification Dirham fee of ten Dirhams. Ministries, governmental bodies and departments and the like, are exempted from fees. Any Body exempted from fee is exempted from making a deposit. The deposit shall be returned to the applicant should his petition for review be accepted.
Steps
1
The petition shall be registered at the registration department. Judgments rendered on petitions may be appealed, except for the decision concerning the assessment of the expert fees.
2
A session shall be determined to examine the petition. The litigants shall be notified of time and place of session.
3
After hearing the parties, the court shall first decide on the acceptance or rejection of the petition.
4
If the petition is approved by the court, a hearing may be determined without need of notification. The court may in one judgment accept the petition and decide on the merits if the litigants have submitted their petitions to the court.
Notice
It is an appeal against a judgment given by a court deciding the merits of the lawsuit in the cases specified exclusively by the text of article 169 of the Civil Procedural Code no. 11 year 1992.
Appeal against judgments of first instance in both types civil and share'i (but not summary lawsuits) provided that its value is in excess of three thousand Dirhams
Requirments
1
To lodge an appeal within a period of 30 days at most from the date of the issuance of the judgment of first instance rendered in the presence of its parties or within 30 days form the date of issuance of the judgment deemed as in the presence of the parties.
2
Submitting the petition of appeal by the appellant including a statement of the appealed judgment, its date and the information concerning the names of the litigants, their capacities and domicile of each of them.
3
Submitting copies of the appeal equal in number to the number of the litigants.
4
A copy of the judgment of first instance subject to appeal should be attached.
5
A copy of the identity card of the appellant should be attached.
6
A copy of the attorney's proxy should be attached if the appeal is lodged by an attorney, and a copy of the legal representation document should also be attached if the applicant is a legal representative like the sole owner of the establishment, the partner, the company's manager, the tutor or the guardian or the custodian.
7
Payment of fees equal to 1/5 of the fees of the first instance lawsuit of known value or 150 Dirhams if the first instance lawsuit value is undetermined in addition to the identification Dirham fee of ten Dirhams.
Steps
1
Registration of the appeal at the office of the clerks of the court.
2
Taking notice of the date of the session of appeal after being fixed.
3
The appeal shall be examined until a final judgment is rendered or any other decision according to the conditions of each appeal.
Appeal against the judgment of first instance given in civil and share'i summary lawsuits
Requirments
1
Submitting the petition of appeal by the appellant including a statement of the appealed judgment, its date and the information concerning the names of the litigants, their capacities and domicile of each of them.
2
Submitting copies of the appeal equal in number to the number of the litigants.
3
A copy of the judgment of first instance subject to appeal should be attached.
4
A copy of the identity card of the appellant should be attached.
5
A copy of the attorney's proxy should be attached if the appeal is lodged by an attorney, and a copy of the legal representation document should also be attached if the applicant is a legal representative like the sole owner of the establishment, the partner, the company's manager, the tutor or the guardian or the custodian.
6
Lodging an appeal within 10 days at most from the date of issuance of the judgment of first instance.
7
Payment of fees equal to 1/5 of the fees of the first instance lawsuit of known value or 150 Dirhams if the first instance lawsuit value is undetermined in addition to the identification Dirham fee of ten Dirhams.
Steps
1
Registration of the appeal at the office of the clerks of the court.
2
Taking notice of the date of the session of appeal after being fixed.
3
The appeal shall be examined until a final judgment is rendered or any other decision according to the conditions of each appeal.
To lodge an appeal within a period of 30 days at most from the date of the issuance of the judgment of first instance rendered in the presence of its parties or within 30 days form the date of issuance of the judgment deemed as in the presence of the parties.
2
Submitting the petition of appeal by the appellant including a statement of the appealed judgment, its date and the information concerning the names of the litigants, their capacities and domicile of each of them.
3
Submitting copies of the appeal equal in number to the number of the litigants.
4
A copy of the judgment of first instance subject to appeal should be attached.
5
A copy of the identity card of the appellant should be attached.
6
A copy of the attorney's proxy should be attached if the appeal is lodged by an attorney, and a copy of the legal representation document should also be attached if the applicant is a legal representative like the sole owner of the establishment, the partner, the company's manager, the tutor or the guardian or the custodian.
7
Payment of fees equal to 1/5 of the fees of the first instance lawsuit of known value or 150 Dirhams if the first instance lawsuit value is undetermined in addition to the identification Dirham fee of ten Dirhams.
Steps
1
Registration of the appeal at the office of the clerks of the court.
2
Taking notice of the date of the session of appeal after being fixed.
3
The appeal shall be examined until a final judgment is rendered or any other decision according to the conditions of each appeal.
Intervention shall be carried out through joining any of the litigants by a pleading in which the groundings and claims of the intervener are specified.
2
Submitting copies of the intervention pleading equal in number to the litigants number in addition to a copy for the court.
3
A copy of the identity card of the intervener should be attached.
4
A copy of the attorney's proxy should be attached if the intervention is submitted by an attorney, and a copy of the legal representation document should be attached if the applicant is a legal representative like the sole owner of the establishment, the partner, the tutor, the guardian or the custodian.
Steps
1
Registration of the appeal at the office of the clerks of the court.
2
The appeal shall be examined until a final judgment is rendered or any other decision according to the conditions of each appeal.
3
Fixing a session to examine the petition for intervention, and the litigants shall be notified of the date and place of session.
Intervention in appeal by whoever considers the judgment a proof against him
Requirments
1
A copy of the attorney's proxy should be attached if the intervention is submitted by an attorney, and a copy of the legal representation document should be attached if the applicant is a legal representative like the sole owner of the establishment, the partner, the tutor, the guardian or the custodian.
2
Intervention shall be carried out by a pleading in which the groundings and the intervener's claims are specified.
3
The intervener shall submit the intervention pleading including a statement of the appealed judgment, its date and the information concerning the names of litigants, their capacities and the domicile of each of them.
4
Submitting copies of the intervention pleading equal in number to the number of litigants in appeal.
5
A copy of the document identifying the intervener.
6
Payment of fees equal to 1/5 of the fees of the first instance lawsuit of known value or 150 Dirhams if the first instance lawsuit value is undetermined in addition to the identification Dirham fee of ten Dirhams.
Steps
1
Registration of the appeal at the office of the clerks of the court.
2
The appeal shall be examined until a final judgment is rendered or any other decision according to the conditions of each appeal.
3
Fixing a session to examine the petition for intervention, and the litigants shall be notified of the date and place of session.
Preparation of the intervention pleading in Arabic language according to law. It must be drawn up in one original copy and shall be submitted to the office of the clerks of the court in addition to other copies equal in number to the litigants number. Equal copies of the confirming documents must be attached if any. If these documents are drawn up in foreign language, they must be translated to the Arabic language by an accredited legal translator.
Steps
1
Taking notice of the date of the session of appeal after being fixed.
2
Fixing a session to examine the petition for intervention and the litigants shall be notified of its date.
3
Intervention shall be adjudicated with the appeal until a final judgment or any other decision is rendered regarding this appeal according to the conditions of each appeal.
Notice
Legal means in which the parties to the appeal are allowed to force the intervention of any of the litigants in the first instance lawsuit whether to hear the judgment, to guarantee or to condemn the intervened with specific obligations
The appeal of the petition for review must be carried out within 30 days at most according to the provision of article (170) of the Civil Procedural Code no.(11) year 1992.
2
The plaintiff shall submit the petition for review including the information about the names of litigants, their capacities, their addresses and the date of the appealed judgment, its date of publishing should it be published and statement of the groundings of the appeal, the appellant claims provided that the petition for review is written in Arabic language. The petition and its documents must be composed of one copy to the Clerk's office and copies equal in number to the litigants number.
3
The proxy issued by the appellant or appellants concerning the petition for review, to the attorney should be attached if the petition is submitted by the attorney. The proxy must be ratified. The documents attached to the appeal pleading against the petition for review if drawn up in a foreign language must be supported with its legal translation to the Arabic language.
4
Payment of the petition for review fee which is half the fee on appeal.
5
Payment of a deposit of 500 Dirhams in addition to the identification Dirham fee of ten Dirhams. Ministries, governmental bodies and departments and the like, are exempted from fees. Any party exempted from the fee shall be exempted from submitting the deposit. The deposit shall be returned to the concerned person should the petition for review be accepted.
Steps
1
Registering the petition at the office of the clerks of the court.
2
A session shall be fixed to examine the petition. Litigants shall be notified of time and place of session.
3
The court shall decide first on the acceptance of the petition after the parties being heard.
4
If the court approves the petition, a hearing on the merits may be fixed. The court may, in one judgment, decide on both the admissibility of the petition and on the merits, in case the parties have submitted their claims to the Court.
Notice
An appeal against a judgment rendered by the Court of Appeal deciding on the merits in the instances specified exclusively in the text of article 169 of the code of Civil Procedures no. 11 year 1992.
Preparation of the cassation pleading including the information about the names of litigants, their capacities and addresses, date of the judgment subject to cassation and date of its notification; if it is notified, statement of the groundings of the petition and the claims provided that the cassation pleading is drawn up in Arabic language. The pleadings and its documents must be drawn up in one copy to the court clerk's office and copies equal in number to the litigants number, and must be signed by an attorney qualified to plead before the Court of Cassation.
2
Submitting the cassation within a time limit of 30 days from the date of rendering the judgment of appeal or taking sure knowledge of it.
3
The proxy issued by the plaintiff or plaintiffs to the cassation should be attached and the proxy must be ratified. The documents attached to the pleading of appeal before the Court of cassation drawn up in a foreign language must be supported with its legal translation to the Arabic language.
4
Payment of the cassation fee of 500 Dirhams in addition to identification Dirham fee of ten Dirhams.
5
Payment of a deposit of 1000 Dirham in addition to the identification Dirham fee of ten Dirhams. Every party fee-exempted shall be exempted from the deposit. The deposit shall be returned to the concerned party should his appeal in cassation be accepted.
Steps
1
Registration of the appeal for cassation at the clerk's office.
2
A session reserved to adjudicate the appeal for cassation shall be determined. Date and place of session shall be notified to the litigants within which the report drawn up by one of the commissioned judges including counts for appeal and the answer thereto shall be read. The statements of the attorneys on behalf of the litigants or the statements of the litigants themselves may be heard during the session.
3
The Court of Cassation if satisfied and the appeal in substance is ready for adjudication,
4
The court may quash the judgment complained of in whole or in part and in this instance the court shall decide any of the following:
5
Refer the lawsuit to the court who has rendered the judgment composed of same judges.
6
Refer the lawsuit to a court of appeal composed of other judges? or
7
Refer the lawsuit to the competent court to adjudicate once again.
Preparation of the cassation pleading including the information about the names of litigants, their capacities and addresses, date of the judgment subject to cassation and date of its notification; if it is notified, statement of the groundings of the petition and the claims provided that the cassation pleading is drawn up in Arabic language. The pleadings and its documents must be drawn up in one copy to the court clerk's office and copies equal in number to the litigants number, and must be signed by an attorney qualified to plead before the Court of Cassation.
2
Submitting the cassation within a time limit of 30 days from the date of rendering the judgment of appeal or taking sure knowledge of it.
3
The proxy issued by the plaintiff or plaintiffs to the cassation should be attached and the proxy must be ratified. The documents attached to the pleading of appeal before the Court of cassation drawn up in a foreign language must be supported with its legal translation to the Arabic language.
4
Payment of the cassation fee of 500 Dirhams in addition to identification Dirham fee of ten Dirhams.
5
Payment of a deposit of 1000 Dirham in addition to the identification Dirham fee of ten Dirhams. Every party fee-exempted shall be exempted from the deposit. The deposit shall be returned to the concerned party should his appeal in cassation be accepted.
Steps
1
Registration of the appeal for cassation at the clerk's office.
2
A session reserved to adjudicate the appeal for cassation shall be determined. Date and place of session shall be notified to the litigants within which the report drawn up by one of the commissioned judges including counts for appeal and the answer thereto shall be read. The statements of the attorneys on behalf of the litigants or the statements of the litigants themselves may be heard during the session.
3
The Court of Cassation if satisfied and the appeal in substance is ready for adjudication,
4
The court may quash the judgment complained of in whole or in part and in this instance the court shall decide any of the following:
5
Refer the lawsuit to the court who has rendered the judgment composed of same judges.
6
Refer the lawsuit to a court of appeal composed of other judges? or
7
Refer the lawsuit to the competent court to adjudicate once again.
Notice
An action on merits against the judgments of the court of Appeal in labor dispute, provided that the value of the lawsuits is in excess of ten thousand Dirhams or that it is not determined; in the instances specified exclusively in article (173) of the Civil Procedures Code no. 11 year 1992
Preparation of the petition for review including the information concerning the names of litigants, their capacities and addresses, the date of the appealed judgment, the date of its notification if it is notified, statement of the groundings and the petitioner's claims provided that the petition for review is drawn up in Arabic language. The petition and its documents must be drawn up in one copy to the Court Clerk's office and copies equal in number to the litigants number. They must be signed by an attorney qualified to plead before the Court of Cassation.
2
Submitting the petition for review within a period of 30 days at most according to the text of article (170) of the Civil Procedural Code no. (11) year 1992.
3
The proxy issued by the plaintiff or the plaintiffs in the petition for review to the attorney should be attached and the proxy must be ratified. Documents drawn up in foreign language attached to the opposition against the petition for review must be supported with its legal translation to the Arabic language.
4
Payment of the petition for review fee which is half the fee on appeal.
5
Payment of a deposit of 500 Dirhams. The deposit shall be returned to the concerned person should the petition for review be accepted. Every authority exempted from this fee shall be exempted from the deposit.
Steps
1
Registration of the petition at the office of the court.
2
A session to examine the petition shall be determined, and the litigants shall be notified of the date and place of session.
3
The court shall decide first the acceptance or rejection of the petition after hearing the parties.
4
Should the court approve the petition, a hearing session on the merits may be determined. The court may, in one judgment, decide on both the admissibility of the petition and on the merits, in case the parties have submitted their claims to the court.
Notice
An action on the judgment given by the Court of Cassation deciding the merits of the civil, trade or summary lawsuits in the instances specified exclusively in article (169) of the Civil Procedures Code no. 11 year 1992
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