What is the system of judicial costs and how much are those costs?<\/p>\n
Alert: The system has not yet been published and work is under way<\/p>\n
Litigation is one of the legitimate rights of every individual, by which the plaintiff guarantees his right if he has a right But the courts are not without those who go to court in malicious and mock cases, which is consuming a judicial effort to detect them, as well as causing harm to the defendant, who is familiar with the recently promulgated judicial cost profiles, sees legislation designed to reduce the phenomenon of litigation, litigation and assertion by establishing judicial fees. The system of judicial costs is a justice system that complements other systems to create a distinct legislative environment aimed at enhancing the justice system’s efficiency.<\/p>\n
System Idea:<\/p>\n
Issued by Royal Decree No. (M\/61) of 30\/01\/2443 AH, the idea of charging fees for civil, commercial or private criminal cases is to be borne by the sentenced party in a financial amount not exceeding 5% of the claim value, up to a maximum of 1 million riyals, and other petition and cassation applications established by the courts. The idea of this system is not new and is applied in many Arab States<\/p>\n
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– The amounts of judicial costs collected are deposited in the Ministry of Finance’s current account with the Central Bank of Saudi Arabia.<\/p>\n
The system defines judicial costs as: amounts of money to be paid to the competent administration, in accordance with the regulations and regulations. It does not include the costs required in the course of the proceedings to be adjudicated.<\/p>\n
Amount of judicial costs<\/p>\n
There are costs for value-specific and unspecified claims in the system<\/p>\n
The costs of specific claims are:<\/p>\n
Costs of unspecified litigation:<\/p>\n
If the claim includes a fixed-value and an unspecified claim, the costs of each claim will be calculated according to its judgement.<\/p>\n
Claims are valued as follows:<\/p>\n
In financial proceedings, it is determined on the basis of the amount sought by the applicant.<\/p>\n
In proceedings concerning the validation, avoidance, avoidance or obligation to perform of a contract, the value of the disputed object shall be determined in accordance with its value specified in the contract.<\/p>\n
In proceedings concerning property disputes; The property is determined on the basis of the value of the property at the time of the suit, and the value of the property is determined on the basis of historical data documented by the Ministry of Justice for the value of the sales of the property and its neighboring properties, and other means that enable the Ministry to determine its value.<\/p>\n
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Have costs been set for all cases?<\/p>\n
No, the system excludes several lawsuits from judicial costs:<\/p>\n
Several persons were also excluded from the judicial costs:<\/p>\n
– Prisoners and detainees at the time of accruing judicial costs in non-criminal financial cases, in proceedings against them or against them.<\/p>\n
Workers covered by, excluded from, and entitled to work; to claim their entitlements arising from employment contracts.<\/p>\n
– Ministries and government agencies.<\/p>\n
– Social security beneficiaries.<\/p>\n
If the case is decided in favour of the exempt from judicial costs, the convicted person is obliged to pay judicial costs.<\/p>\n
When are the costs paid?<\/p>\n
The Saudi regime provided an advantage that was not available in other countries, namely to hear the case without the requirement of advance payment but would be an amount owed by the applicant. * * Without cassation requests and requests for reconsideration, the system requires the payment of judicial costs for the determination of the case. (Thirty) days from the date of application to the competent court for the reimbursement of the judicial costs specified for the application; If he fails to pay during this period, the court shall rule on the loss of his right of application and the judgement shall be final.<\/p>\n
If a party intervenes in the proceedings:<\/p>\n
(a) Independent judicial costs are imposed on the intervening litigant’s claim for the same judgement.<\/p>\n
(b) In the event of a multiplicity of plaintiffs or defendants in the proceedings, the judicial costs shall be borne by each of them to the extent of the claim<\/p>\n
<\/p>\n
If the case is dismissed for lack of jurisdiction, are new fees charged?<\/p>\n
No, article X of the Regulations stipulates:<\/p>\n
No new costs shall be imposed on the proceedings in either of the following cases:<\/p>\n
1\/If the jurisdiction is ruled incompetent and the case is brought before the competent court.<\/p>\n
2\/If the competent court reverses the judgement and returns the case to the court that rendered the challenged judgement or to another court.<\/p>\n
How much are the costs in case of reconciliation?<\/p>\n
1\/In case the peace was before the first session: Costs fall.<\/p>\n
2\/In case the peace was after the first hearing and before the judgement was rendered:<\/p>\n
– Judicial costs shall be reduced to one quarter in the event of reconciliation before the Court, when the peace is after the conclusion of the first hearing and before judgement in the case.<\/p>\n
3\/In the event that the proceedings end with reconciliation, the parties to the proceedings shall bear the judicial costs equally, unless they agree otherwise.<\/p>\n
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What cases are judicial costs reimbursed?<\/p>\n
– Judgement in favour of the defender of judicial costs.<\/p>\n
– Request for the judge’s or judges’ reply if he accepts the request for reply.<\/p>\n
– Request for correction or interpretation of the provision if the request is granted.<\/p>\n
– Appeal if the appellant’s judgement is reversed in its entirety, if the judgement is partially reversed, to the extent of that part, and the appeal for cassation if the case is returned to the court of the challenged judgement.<\/p>\n
– If the applicant leaves his case before the first hearing; in accordance with the statutory procedures.<\/p>\n
– Proceedings ending in peace before the first hearing.<\/p>\n
– Proceedings relating to private rights, which are instituted by virtue of criminal proceedings, if they end in reconciliation in any case.<\/p>\n
Judge :<\/p>\n
https:\/\/laws.boe.gov.sa\/BoeLaws\/Laws\/LawDetails\/3e368087-7b31-46e7-8005-ada100b8f703\/1<\/a><\/p>\n Executive Regulation:<\/p>\n