DUBAI, The Dubai Judicial Institute, DJI, has organised a remote training programme for legal professionals to highlight the amendments mentioned in Cabinet Resolution No. 33, issued on 30th April, 2020, amending some provisions of Cabinet Resolution No. 57 of 2018 on the regulatory regulations of Federal Law No. 11 of 1992 regarding the Civil Procedure Code.
The training programme includes a series of three-panel discussions hosted by Judge Mustafa Al-Sharqawi to discuss various topics. The first session, which was held on Tuesday, 23rd June, 2020, attracted more than 300 participants and discussed procedures for filing and announcing the case as well as the attendance of litigants in the courts.
The second discussion will be held on 30th June, 2020, and will discuss the amendments on the issuance of judgments and orders on petitions, while the third will be held on 7th July, 2020, and will discuss amendments on the new legal organisation of performance orders as well as some implementation procedures.
The amendments to the regulations of the Civil Procedure Code included several aspects, namely notice procedures, case management office procedures, jurisdiction of judicial departments, sessions dates, deliberations, judicial rulings, decisions of the execution judge, implementation procedures, and detainment.
With regard to notice procedures, the amendment states that a notice is sent based on the request of the litigator, a court order, or case management office by the advertiser or in the manner specified by these regulations according to Article 3. Notices may also be sent by one or more private companies or offices in accordance with the provisions of these regulations.
According to Article 6 of the law, the person gets notified via recorded video or audio call, SMS messages, smart applications, email, fax, or other modern technology, or in any other way agreed upon by the two parties.
According to Article 14, the session transcript is considered an official document of what was written, and it is edited by a writer and signed by the judge electronically or on paper, otherwise, the record is invalid. On the other hand, according to Article 17, the case management office is charged with preparing and managing the case before the trial stage, including recording and announcing it as well as exchanging memoranda, documents, and experience reports between the litigants.
Article 25 states, if the monetary value is not mentioned and can be estimated, it will be estimated by the court. If the defendant is charged an amount of money in a currency other than the UAE’s currency, the value of the lawsuit is estimated to be equivalent to that amount of the country’s currency. The lease eviction lawsuit is valued at the annual rental allowance. Article 26 discusses cases related to company dissolution and appointing a liquidator based on the company’s capital value at the time the lawsuit was filed.
Article 31 also states that if the date set for the trial session coincides with a holiday, regardless of the reason for the trial, the session shall be considered postponed to the same day of the following week without the need for a notification. Article 46 affirms that the rulings are issued by the federal courts and implemented in the name of the country’s president.
Source: Emirates News Agency