FNC members amend the way we go to court in the UAE

Amendments were made to the civil procedure law during an FNC session in the capital on Tuesday.
Dr Hadef Al Dhaheri, Minister of Justice, left, with Dr Anwar Gargash, Minister of State for FNC Affairs at the council session on May 20, 2014. Fatima Al Marzooqi / The National
Dr Hadef Al Dhaheri, Minister of Justice, left, with Dr Anwar Gargash, Minister of State for FNC Affairs at the council session on May 20, 2014. Fatima Al Marzooqi / The National

ABU DHABI // Amendments were made to the civil procedure law during an FNC session in the capital on Tuesday.

The law provides steps to be taken by judicial ministries, federal courts and bodies and plaintiffs in filing a lawsuit.

Amendments included the addition of certified legal translation and working hours for serving the suit.

During the year, the legislative and judicial affairs committee met 12 times to discuss the proposed changes, and agreed to them on Tuesday in the presence of Dr Hadef Al Dhaheri, Minister of Justice.

The main changes include providing an accurate legal translation of the case notification and files to the defendant.

A section head at a court or a presiding judge has the right to make changes in the case notification and the way it is delivered if the plaintiff were unable to reach the defendant, another amendment said.

The notification can reach a defendant on weekdays between 7am and 8pm only, and will not be sent during public holidays.

Requirements include the date and time of the complaint, the plaintiff’s personal details, the lawyer representing him and the reason for the complaint.

The defendant’s personal information including full name, age, employment, and nationality must also be included, as well as the deliverer’s information.

The members decided to reject the right to reach defendants who are living in another country through fax, email or registered post office box, fearing it might be lost or not reach the defendant.

The members agreed the case notification must be translated to the language spoken by the defendant, and use legal terms.

The court ruling begins the day after the notification is issued and continues for the following 10 days, unless stated otherwise by the law.

In case of the death of the defendant, the plaintiff loses eligibility to sue.

If a defendant loses an appeal, they would be fined a minimum Dh1,000 and maximum Dh5,000.

“Many people see Dh100 and neglect to pay it,” Dr Al Dhaheri said. “Increasing the amount will ensure they take it seriously and reconsider.

Anyone appealing a verdict must also have a copy of all needed documents.

Before issuing a verdict, the judge will provide a set period of time no longer than six months for the defendant to pay the debt, or provide a bank statement agreeing to pay a loan.

Those who are 18 years of age or younger, or 70 years of age or older, would not be imprisoned in loan cases.

If the person taking the loan dies, the spouse and children must pay the debt, but would not be jailed.

Those who have a chronic, untreatable illness and those who have taken on debt greater than Dh10,000 would not be imprisoned.

Their cases would continue until the loan is paid fully.

aalkhoori@thenational.ae

Published: May 20, 2014 04:00 AM

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