Resolution No. (35) of 2020 Issuing the Regulation on Procedures for Small-Claims Disputes

Definitions In applying the provisions of this Regulation, the following words and expressions shall have the meanings assigned to them below, unless the context requires otherwise: Minister: The minister concerned with Justice affairs. Law: Civil and Commercial Procedures Law promulgated by Legislative Decree No.
(12) of 1971. Competent Court: The lower civil and commercial court having jurisdiction over the dispute. Small Claims Lawsuits:  Civil and commercial claims in which the value does not exceed one thousand
(1000) dinars. Calendar: The Calendar in which litigants’ deadlines are listed for submitting all matters related to small claims lawsuits and to prove them, and the date of the first hearing set for consideration before the competent court in accordance with the provisions of Article
(9) of this Regulation. Claims Management:  Preparing small claims Lawsuits and initializing them for pleading by electronic means through the judge of the competent court before the first hearing set for consideration in accordance with the rules and procedures stipulated in this Regulation.

Scope of Application of the Regulation The provisions of this Regulation shall apply to the procedures for filing small claims Lawsuits, paying of its fees, managing and hearing until a final judgment is issued. Chapter Two Filing Small Claims Lawsuits, Orders for Performance, and Notifications

Filing A Small Claims Lawsuit a- Small Claims Lawsuits are filed using approved means of filing a lawsuit, including electronic means, at the request of the claimant, in accordance with a regulation that includes the following: 1- The claimant’s name, surname, profession or job, place of residence or chosen domicile, mobile phone number, personal number or commercial registration number, fax number, and e-mail; and his representative’s name, surname, profession or job, capacity, residence or chosen domicile, mobile phone number, personal number, fax number, and e-mail. 2- The defendant’s name, surname, profession or job, place of residence or chosen domicile, mobile phone number, fax number, and e-mail, if applicable. If he does not have a known place of residence at the time the lawsuit is filed, then his last place of residence. 3- The facts of the lawsuit and the claimant’s requests. 4- A portfolio of documents with evidence relied upon in the lawsuit, including a list of the items in that portfolio. If any of the documents or parts thereof are in a foreign language, a translation into Arabic shall be provided. b - The claimant shall clearly present the facts and subject matter of the lawsuit, reasons, requests, and supporting evidence in the Statement of Claim and submit copies of it and all its attachments according to the number of defendants. c- The claimant may combine multiple claims in one lawsuit based on one legal reason or multiple legal reasons or facts, provided that the total value of the claims does not exceed one thousand
(1000) dinars d- The claimant shall provide any other data or documents specified in circulars. e- The claimant shall be responsible for the completeness and validity of the data and documents necessary to file the lawsuit.

Enrolment of the Statement of Claim for Small Claims Lawsuits The Statement of Claim for Small Claims Lawsuits is registered after completing all the necessary data, attaching the required documents, and paying the full prescribed fee. The electronic system shall determine the competent court based on the provided information.

Performance Orders The right holder may obtain a Performance Order in accordance with Part Ten of the law by submitting a request to the competent court if the following conditions are met: 1- The right is a specific amount of money owed or a movable property which is definite or in its type and amount. 2- That the right be established in writing. 3- It is in a state of performance. And if the right holder is a creditor with a commercial paper, and his recourse is limited to the drawer, the executor, the acceptor, or the guarantor for one of them. The right holder shall submit a request to the judge of the competent court, accompanied by the following: 1- A copy of the deed of debt. 2- A declaration that the copy of the deed debt is identical to the original, with a commitment to provide the original to the court for review at any time. 3- An indication of the debtor's mandate to perform within at least seven days. Upon the right holder’s completion of all the required procedures, the judge may issue the order within three days from the date of submission and notify the debtor immediately. If the judge deems that the applicant's requests should not be fully granted, he may refrain from issuing the order, and the procedures for managing the lawsuit shall proceed.

Notification Upon filing the lawsuit, the claimant shall be notified in the Calendar, and the defendant shall be notified of both the Statement of Claim and the Calendar during the lawsuit management stage, taking into account the provisions of Article
(49) of the law. The rules and procedures stipulated in the law shall apply to the notification. The notification by electronic means is deemed to be effective from the date it is sent to the notified. Chapter Three Management of Small Claims Lawsuits Before the Competent Court Judge

The Effect of the Presence of Litigants The presence of the litigant, his representative, or the submission of a memorandum for defence, document, or request during the lawsuit management stage results in the litigation being considered as attended, even if he fails to appear before the competent court thereafter.

Effect of Not Paying the Full Fee If it is revealed to the judge of the competent court that the prescribed fee has not been paid or completed, the claimant or his representative shall be required to pay or complete it within a deadline specified by the judge, without prejudice to the deadlines specified in the Calendar,  and if the claimant or his representative does not comply with this mandate within the specified deadline, the court shall decide the dismissal of the case in this situation. The claimant may expedite the lawsuit management by taking proper legal measures.  The competent court shall prepare a new Calendar to complete the remaining procedures for the lawsuit management. If the lawsuit remains dismissed for a period of sixty days and none of the litigants request to proceed with it, it shall be considered as though it has never been filed.

Calendar a- The Calendar includes the following: 1- Small Claims Lawsuit number and the names of the litigants involved. 2- Deadlines for the litigants to submit all matters related to the lawsuit and to provide evidence through memorandums, documents, and requests. 3- The date of the hearing scheduled for the lawsuit before the competent court in case the defendant responds to its statement of claim, and another hearing date in case of no response. b- If the defendant fails to submit a memorandum, document, or request within the deadlines specified in the Calendar and within ten days from the period of managing the Small Claims Lawsuit stated in Article
(14) of this regulation, the competent court judge may, after verifying the validity of the defendant's notice, adopt the date specified in the Calendar in case of failure to respond to the lawsuit. c- If the lawsuit management requires holding preparatory meetings between the litigants or if one of them requests it, the judge of the competent court may determine the dates of their holding, include them in the calendar, and notify the litigants thereof. If any of the litigants fail to attend any scheduled meeting, the judge may proceed with the procedures for the lawsuit management in the presence of the remaining litigants after verifying the validity of the notification of the absence. d- If the last day of the deadline specified in the Calendar or the date of the scheduled meeting falls on an official holiday, the litigants shall submit what is necessary to be submitted or attend on the first working day thereafter, as appropriate, without the need to re-notifying any of them. e- It is permissible for the judge of the competent court to amend the deadlines specified in the Calendar and to notify the litigants of them. The judge may also amend the dates of the meetings scheduled in the presence of the litigants. If any of the dates are amended in the absence of any of the litigants, the absent litigant shall be notified. In all cases, the judge shall consider the period specified for the lawsuit management in accordance with the provisions of Article
(14) of this regulation. f- In preparing the Calendar, consideration should be given to equality between the litigants in a way that gives each litigant an adequate opportunity to present his defence, documents, and evidence. g- It is necessary to prove the date of submission by any litigant of any memorandum, documents, or requests. If the litigant submits any of that after the specified deadline, he shall indicate in writing the reasons and circumstances for that, and the memorandums, documents, and requests are deposited in the lawsuit file. The necessary procedures are taken in accordance with the provisions of these regulations, including notifying litigants.

Submission of Memorandum, Documents, and Requests The litigants shall submit all that is necessary to settle the lawsuit, including memorandums, documents, and requests related to evidentiary procedures, within the deadlines specified in the Calendar, and in particular they may submit the following: 1- Memorandum of defence and pleas. 2- Portfolios of documents containing evidence relied upon in his defence, along with a list of the contents of these portfolios. 3- Incidental requests and counter lawsuits. 4- Requests for third party litigation, entry, and intervention. 5- Technical reports that the litigants wish to submit, including the performance of expert witness testimony. 6- Expert reports. 7- A request for the testimony of witnesses and a statement of the facts he wishes to prove through evidence. 8- Motion to appoint an expert, statement of the issues intended to be proven by the expert, and names of the experts whose technical opinions he wishes to seek. 9- A request to deny or allege forgery. 10- A request to oblige the other party in the lawsuit to submit the documents in his possession. 11- A request to oblige the administrative authorities to provide any information or documents they may have. 12- A request to oblige a third party to disclose what he possesses or acquires. 13- Request to interrogate the litigants. 14- Requesting a conclusive oath, stating the facts on which he wants his litigant to take an oath, and mentioning the wording of the oath. 15- Request for inspection.

— Original Arabic text (no official English translation available) —

(1): سلطة المحكمة في تكليف الخصم بتقديم تقرير خبرة يجوز لقاضي المحكمة المختصة في أي وقت أثناء إدارة الدعوى أن يأمر من يلزم تكليفه من الخصوم بتقديم تقرير خبرة في مسألة تحتاج إلى معرفة فنية أو عملية متخصصة، ويتاح لباقي الخصوم تقديم تقارير خبرة في ذات المسألة.

Requests for Evidentiary Procedure The litigants, as the case may be, shall submit requests for evidentiary procedures at the lawsuit management stage within the time limit specified in the Calendar. During this stage, the judge of the competent court considers requests for delegation of experts, allegations of forgery, and conducting inspections. The judge may entrust the administrative authorities with the submission of information or documents at their disposal, if necessary.

Urgent Requests, Interim or Provisional Orders The claimant is allowed to submit an urgent request related to the original request, as well as provisional and custodial requests during the lawsuit management stage, and the judge of the competent court shall consider these requests.

Resolution of the Dispute Through Conciliation or Mediation a- The litigants may, during the lawsuit management stage, request the resolution of the dispute amicably. If the litigants agree, what they agreed upon shall be recorded in the minutes that have the force of an executive document after being signed by the litigants or their representatives and the judge of the competent court, who shall stamp the minutes with the executive form thereon. b- During the lawsuit management stage, the litigants may request resolution of the dispute between them through mediation. If they reach a settlement in whole or in part, the resolution agreement shall have the force of an executive document after it is documented or ratified by the judge of the competent court. The claimant shall be exempted from all judicial fees regarding the dispute that has been settled if the resolution agreement has been deposited during the lawsuit management period.

Duration and Expiration of Lawsuit Management The period for the lawsuit management of a Small Claims Lawsuit shall be ten
(10) days from the filing date in the event that the defendant does not respond to its statement, and in the event of his response to it, another twenty
(20) days shall be added. The lawsuit management procedures shall end with the expiry of the periods stipulated in the previous paragraph. Chapter Four Proceeding of the Lawsuit Before the Competent Court

Determining the Periods of the Small Claims Lawsuit The pleading takes place in the first session.  The hearing of a Small Claims Lawsuit may be postponed from one session to another in exceptional cases that require postponement of consideration, response, or proof thereof, in accordance with the provisions of Articles
(16) and
(17) of this Regulation.

Regulating the Postponement of the Small Claims Lawsuit Hearing The maximum postponement for a Small Claims Lawsuit is five
(5) hearings, provided that the period for adjudication does not exceed ninety
(90) days from the date of its filing.

Postponement of the Small Claims Lawsuit Hearing The Small Claims Lawsuit hearing cannot be postponed except in the following cases: 1- If the completion of the evidentiary procedure requires more than one hearing or more than one day. 2- If the court finds that the litigant has not been notified properly during the lawsuit management stage. 3- To submit a new request, plea, defence or evidence in accordance with the provisions of Article
(18) of this regulation.

Submitting A Request, Plea, Defence or Evidence Before the Competent Court It is not permissible to submit a new request, plea, defence, or evidence before the competent court, and what has been submitted during the lawsuit management stage outside the specified deadlines in the Calendar is not accepted, except in the following exceptional cases and circumstances: 1- If any other law allows the submission of such a request, plea, defence, or evidence in any case that the lawsuit concerns. 2- If the submission of the request, plea, defence, or evidence is to meet circumstances that arose or became apparent after the deadline specified for that in the Calendar. 3- If the request, plea, or defence presented by the litigant is related to public order. 4- If the court finds that reasons beyond the control of the litigants have prevented him from submitting evidence or requesting evidentiary procedure at the lawsuit management stage within the period specified for that in the Calendar.

Electronic Judgments and Pronouncing Thereof The judgments are recorded and signed electronically by the competent court judge and issued without the need to deposit or save their drafts in the Small Claims Lawsuit file. The judgment shall be pronounced immediately after the conclusion of the trial, if possible, otherwise in another hearing appointed for this purpose. The judgment shall be pronounced by reading its text in a public hearing or by publishing it electronically in the courtroom and the electronic system.