Q&A

Questions and Answers

Question Category
Public Prosecution Court

Public Prosecution

1What is the number of applications provided for clients ?
78 applications are provided for clients..
2How I can get a guide of clients applications ?
• Through Clients service in the Public Prosecution premises.  • You can get it also through the link "Customer Guide" available on our website.
3Can I enquire about the cases after official working hours ended ?
Yes, through toll free No. 700040000 or through SMS or Website.
4Do you have complaint system ?
Yes, you can submit complaint through this link "E-complain".
5How I can follow the application status during or after official working hours without coming to Public Prosecution premises ?
-Through toll free No. 700040000 - Through SMS.

Court

1To whom shall we give the declaration in the court?
The pleading or the declaration should be submitted at the registration section in the court.
2Can one party in the case retain more than one advocate in the same case?
Yes ,as there is no legitimate provision which forbids that.
3What is the solution in case the person who wants to file a case cannot pay the court fees?
Court charges rule No 1 for the year 94 and it's modifications .Also the Civil Procedures Rule No.11 for the year 92 in addition to the guide for the cases affairs management in the Department of Dubai courts are all indicating the procedures for granting an exempt or a postponement for the charges.
The Claim is considered open and ongoing since the registration of it
4How the Claim is estimated if the Claimed amount isn't in U.A.E Dirham?
If the Claimed Amount isn't in U.A.E. Dirham the value of the Claim estimated in equivalent amount of that amount in the currency of the Country.  The next day of registering claim statement the registration section forward a copy of Statement and attached documents, with photocopies to the concerned as to serve notice in the form prepared for this purpose and return back the original Notification to the Bailiff Section.
Value of cases are estimated from the day of registering it in all circumstances cases value are estimated on the request of party, also the value of Claim includes what is worthy of implications?(Guarantees), Rents, Expenses and Other belongings have estimated value on the day it raised, however in all cases they accept the value of construction or plant if they ask to remove it.If the value is not mentioned in cash and it could be estimated in cash, it will estimate by the Chief Justice of the Court. The Notification should be served on the request of Opponent or by Court's Order service man or the way determined by Law and if the officer fails to notify he should inform the concerned Judge or head of department about the same as to order the applicant to notify through newspaper or to make any changes.
The Defendant has to submit within minimum three days before the setting Session a defense note and copies of his documents signed by him
1) The time to present before the Court is ten days but in case of necessity it could be reduced to three days.
2- The time to present in the Urgent Matters is twenty four hours and in case of necessity it could be reduced to one hour or ?? provided that the Opponent should be notified personally unless it is a marine case.
3- The reduction of time in the previous cases should be by permission of Chief Justice or Urgent Matters' Judge Case and it's copy should be notified to the Opponent with claim Statement.
4- Non observing of attendance schedule doesn't lead to annulment without prejudice to the right of notified person in postponing to complete the time.
The Statement of Claim should be notified within ten days from the date of handover it to the Notification Office
5I am the plaintiff and I didn't attend the first session ,what may happen in this case?
In the event of you or an attorney don't attend the case the Judge decides to delete the case.
Minor cases are those whose claim amount value does not exceed AED 100,000.00 (one hundred thousand) .
Major cases are those whose claim value exceeds AED100,000.00 (one hundred thousand) or it's value can not be determined,major case can be Civil, Commercial or Labor. The labour cases are those in which either party is an employee or considered to be an employee.Consequently, the claim is raised based on an employment agreement. Commercial cases are those in which civil right has occurred due to a commercial dealing or either party is a trader.
Urgent cases are those which are filed to obtain a judgment for interim precautionary measures which should not cause any damage to the right disputed for. Such claim does not exclude the jurisdiction of the competent court which adjudicate the original right, if the matter is raised directly or through such claims.
The urgent cases are for :
- Claims to prove a condition
- Claims to appoint an expert
- Claims to appoint a judicial guard
- Claims to hear testimony of a witness
Order on the basis of application is a procedure, which gives the claimant a right to apply to obtain a decision in the urgent litigation. In such conditions the adversary is not necessarily notified. Some examples of such orders are 'payment order' or 'precautionary attachment' and 'travel ban'. Each order has a court fee specified by Law. The orders differ in procedures.
To proceed with Order On The Basis of Application you have to follow the following:
Requirements:
1- The claimant / plaintiff or his attorney, guardian, custodian or legal caretaker or the owner of personal establishment or manager of the company should attend the hearing.
2- The legal authorization to represent others should be presented to the court.
3- Claim petition is submitted in Arabic containing type of application, full names of plaintiff and defendant, their complete addresses.
4- The supporting documents should be attached therewith, if they are not in Arabic, the translation should be attached.
Courts fee should be paid.
Steps:
The application should be presented to the competent judge or head of circuit. Following day the decision will be delivered written on the same application, either of acceptance or refusal.
Requirements:
1- The petitioner or his representative should submit a precautionary attachment petition in accordance with clause (1) of article no. (140) of Civil Procedure Law of 1992, containing full name of plaintiff , defendant and their complete addresses, facts and demands.
2- If the application documents are in foreign language it should be translated into Arabic Language attached with index.
3- Copy of petitioner's identity ( Passport copy or ID card) should be attached therewith.
4- Guarantee against damage and loss should be attached.
5- The petition should contain detailed information about the movable assets such as: ship, car or plane meant to attach.
6- Attested Power of Attorney or legal authorization documents also should be attached.
7- Pay Court fees.
The steps:
1- Register the application at Central Services Section.
2- Application is presented before the concerned Court Circuit.
3- A decision shall be taken instantly.
The attachment includes the attachment on debtor's assets in the possession of other. The application of attachment can be submitted in a subjective standing claim, in such condition the circuit which adjudicates the claim has Jurisdiction to take final decision in the petition for attachment.
The attachment petition should be followed by a substantive Case raised by petitioner within 8 days, otherwise will be considered nil.
What is Grievance:
It is a Legal procedure enables the party to challenge orders issued against him on the basis of application. He submit grievance on different orders issued on the basis of application by following steps and conditions,which are as under:
1- Grievance to be submitted in writing as per Article no.(42) of Civil Procedures Law no.(11) of 1992.Additional copy/ies of claim petition should be submitted according to the number of opponents.
2- Attach supporting documents with copies for opponents and a copy of the Grievance order.
3- Pay Courts' fees.
The steps:
1- Register the Grievance in Central Services Section.
2- A hearing Session to consider the Grievance is fixed, Grievant is informed immediately while Opponents notify through Notification.
3- The Grievance shall be considered by the concerned Court Circuit which issues the order. a decision to accept or refuse the grievance is taken by concerned court circuit .
These demands are related to main demand of the claim this facilitate the proceeding to examine together, for example:
1- Rectify main demand or amend it's subject as per circumstances emerge after raising the claim.
2- What is completion to the main demand or related to it doesn't accept seperation .
3- What includes addition or change in the reasons of the Case with out changing the subject of demand.
4- Request for an order to take precautionary procedure.
5- What the court permits to be presented which will be related to the main demand.The Opponent has right to implicate any one in the Case, who is competent to be opponent in the Case.A respondent has the right to implicate any one who was not a party in the original claim , if he sees that he will recover his right by implicating a person in the case who is not a party in the main claim,by submitting a written application to clarify the nature and reasons of allegation and asks to implicate that person as a party in the claim by following normal procedures of filing claims, that party can appear before the court in the session and confirmed the implication.
Any interested party can intervene in the Case either by joining the party or asking a verdict in his favor which should be done by a request related to the Claim either through the normal procedures or by a verbal request in the Session and in presence of Opponents and the same should be recorded in the minute, the intervention will not be accepted after closing the pleading.The Court may order to implicate, according to the procedures of litigation, any party, for the interest of justice and to reach the facts. The Court should set a Session in which that party will notify to attend and specify his position in the litigation, also it orders to notify him about the Session according to the normal procedure of filing a case.The Court may assign Bailiff Section to notify any one a summary of Opponents' requests that it seems fit for the interest of Justice and to reach to the actual facts.
When does the time of challenge in judgment begin if the judgment is already issued?
1- The time of challenging begins in the next day of it's issuance if it is in presence and in the second day of notifying the sentenced person if it is in tantamount presence unless the Law states otherwise.
2- The time of challenging may start from the next day to the notification of judgment if the litigation comes an end for any reason even after closing the pleading and the judgment issued to not sue who act as a defendant who deceased, lost his capacity in litigation or lapsed it.
3- The notification of judgment should be served to sentenced person personally, in his home country or at his place of work.
4- The time of challenging also apply on the party serves the notification of judgment.
5- The right of challenge the judgments will drop due to the failure to follow up the challenge time and the Court will order sentence to drop it on it's own.
6When does the time of challenge in judgment begin if the judgment is already issued?
1- The time of challenging begins in the next day of it's issuance if it is in presence and in the second day of notifying the sentenced person if it is in tantamount presence unless the Law states otherwise.
2- The time of challenging may start from the next day to the notification of judgment if the litigation comes an end for any reason even after closing the pleading and the judgment issued to not sue who act as a defendant who deceased, lost his capacity in litigation or lapsed it.
3- The notification of judgment should be served to sentenced person personally, in his home country or at his place of work.
4- The time of challenging also apply on the party serves the notification of judgment. 
5- The right of challenge the judgments will drop due to the failure to follow up the challenge time and the Court will order sentence to drop it on it's own.
7When is it permissible to Challenge the Judgment?
It is not permissible to Challenge the Judgments issued during the Claim procedures which did not end the litigation except the judgments of urgent matters, judgments issued to stay the claim, the judgments liable to execute by force, judgments issued of non- jurisdiction, and jurisdiction judgments if the court isn't authorize to issue the judgment of the claim.

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