Appealing Judgments under UAE Law An appeal is a legal objection to a judicial ruling issued by a court panel during one of the case stages, or an objection to a legal procedure. This appeal can be realized if it is submitted in a manner appropriate to the rules and includes the evidence proving the right to appeal judgments under UAE Law. Based on the law and the type of appeal, the procedures for filing the request, the legal deadline for submission, and the mechanism for the proceedings differ from one case to another.
Deadlines for Appealing Judgments under UAE Law
If a judgment is issued against you or in your favor but does not include all the requests you asked for in your statement of claim, and you wish to appeal that judgment in any circumstance, but are unaware of the deadlines for appealing judgments under UAE Law, these deadlines have been clarified by Samaha Law Firm.
When discussing the deadlines for appealing judgments under UAE Law, a distinction must be made between appealing Civil Judgments and Criminal Judgments, while also differentiating between all the appeal deadlines related to Appeals (Istinaf), Cassation (Naqdh), or Reconsideration Petitions (Iltimas I’adat Al-Nazar).
What are the Deadlines for Appealing Civil Judgments under UAE Law?
The UAE Civil Procedures Law, issued by Federal Decree-Law No. 42 of 2022, allows for the possibility of appealing civil judgments through three forms of appeal: Appeal (Istinaf), Cassation (Naqdh), or Reconsideration Petition (Iltimas I’adat Al-Nazar). The deadlines for appealing judgments under UAE Law are set according to these forms:
- Deadline for filing an Appeal (Istinaf): Appeals against judgments issued by Courts of First Instance must be submitted within 30 days for ordinary judgments and 10 days for urgent judgments. This period starts from the date the judgment is officially served upon the litigants.
- Deadline for filing Cassation (Naqdh): Appeals against Court of Appeal judgments by Cassation must be submitted within 30 days. This period starts from the date the judgment is officially served upon the litigants.
- Deadline for filing a Reconsideration Petition (Iltimas I’adat Al-Nazar): The period is 30 days and starts from:
- The day the fraud is uncovered, or the day the forgery or false testimony is legally proven.
- The day the concealed document, which was held back by the other litigant, is uncovered.
- The day the fraud and collusion with the opponent is uncovered.
- In the case where the judgment was issued against a natural or legal person who was not properly represented in the case, the period starts from the day the judgment is served upon the convicted party.
A specialized lawyer, such as Samaha Law Firm, can assist you in identifying all the deadlines for appealing civil judgments under UAE Law and submitting them in the correct legal form.
Deadlines for Appealing Criminal Judgments under UAE Law
The UAE Criminal Procedures Law permits the possibility of appealing criminal judgments through Objection (Mu’araḍah), Appeal (Istinaf), Cassation (Naqdh), or Reconsideration Petition (Iltimas I’adat Al-Nazar).
The specific deadlines for appealing judgments under UAE Law are as follows:
- Objection (Mu’araḍah): Against criminal judgments issued in absentia must be filed within 7 days from the date the judgment is served upon the convicted person.
- Appeal (Istinaf): Against criminal judgments is 15 days from the date the enforceable judgment is pronounced or the date of the judgment issued on the objection. However, the Public Prosecutor has the right to file an appeal within 30 days from the date the judgment is issued.
- Cassation (Naqdh): Against criminal appellate judgments is 30 days, starting from the date the judgment is issued, unless the judgment is deemed to be a judgment in absentia, in which case the deadline runs from the day the judgment is served upon the convicted person.
- Reconsideration Petition (Iltimas I’adat Al-Nazar): The appeal by way of petition is submitted to the Public Prosecutor, who must refer the request to the court within three months following the submission of the request.
What are the Deadlines for Appealing by Istinaf (Appeal) under UAE Law?
The deadlines for appealing judgments by Istinaf under UAE Law in civil judgments are 30 days for ordinary judgments and 10 days for urgent judgments, as stipulated in Article 160 of the Civil Procedures Law.
As for criminal judgments, the deadline for appealing by Istinaf is 15 days from the date the enforceable judgment is pronounced, with the Public Prosecutor having the right to appeal within 30 days from the time the judgment is issued, according to Article 234 of the UAE Criminal Procedures Law.
A specialized lawyer, such as Samaha Law Firm, can assist you in identifying all the deadlines for appealing judgments by Istinaf under UAE Law and submitting them in the correct legal form.
Is it Permitted to Appeal Judgments by Naqdh (Cassation) under UAE Law After the Deadlines Have Passed?
It is not permitted to appeal judgments by Cassation under UAE Law after the deadlines have passed, except for an Appeal by Cassation for the Benefit of the Law, which is submitted by the Public Prosecutor in the UAE, in accordance with the provisions of Article 176 of the UAE Civil Procedures Law.
In concluding our discussion on appealing judgments under UAE Law, we hope to have helped clarify everything related to appealing judgments, whether by Cassation, Appeal, or Reconsideration Petition. We also confirm that Samaha Law Firm assists you through an elite group of the most competent specialized lawyers to fulfill all legal requirements in the correct manner regarding the appeal of judgments under UAE Law. Contact Us.
