What is the Civil Statement of Claim in the UAE ? The Civil Statement of Claim is the pleading document that the Plaintiff submits to the court against the Defendant to claim a right established under the civil systems and laws in the UAE, particularly the Civil Transactions Law and other related legislation. The filing and judicial processing of the Civil Statement of Claim in the UAE are governed by the provisions of the Civil Procedures Law.

Characteristics of Filing a Civil Statement of Claim in the UAE

A Civil Statement of Claim in the UAE is filed with the Competent Court according to the rules of pecuniary value, territorial, and subject-matter jurisdiction. The Plaintiff must adhere to the procedures stipulated in the Civil Procedures Law when filing the claim.

When is a Civil Statement of Claim Filed

A Civil Statement of Claim in the UAE can be filed by the Plaintiff against the Defendant when the Plaintiff has a civil right against the Defendant, based on the provisions of the Civil Transactions Law. These situations include:

1. When a contract exists between the parties and one party breaches the obligations imposed upon them by the contract.
2. When one party commits a fault that results in damage to the other, necessitating compensation for the damage (Torts).
3. In cases of trespass upon private property, such as encroaching upon or unlawfully possessing real estate owned by another party.
4. In lawsuits concerning usufruct and servitude rights.
5. In lawsuits related to sale and partnership contracts.
6. In lawsuits concerning obligations arising between a contractor and the employer.

With the assistance of Samaha Legal Consultants Office, you can ensure that the Civil Statement of Claim in the UAE is filed correctly and legally in all these situations.

Read also: The Best Civil Lawyer In UAE

How is a Civil Statement of Claim Filed?

By reviewing the provisions of the Civil Procedures Law, the Plaintiff must submit the Civil Statement of Claim  to the Competent Court Administration, either by visiting the court directly or by submitting it electronically through the applications made available by the UAE Ministry of Justice.

The Civil Statement of Claim in the UAE should ideally be submitted by a specialized lawyer, such as Samaha Legal Consultants Office, and must encompass several key details, including, but not limited to:

1. Personal data of both the Plaintiff and the Defendant.
2. The subject matter and facts of the lawsuit.
3. The legal basis and documents supporting the claim.
4. The Plaintiff’s demands (relief sought).
5. The signature of the Plaintiff or their legal representative (e.g., Samaha Legal Consultants Office) and the date the claim was drafted.
6. Required Attachments with the Civil Statement of Claim.

The documents that must be attached to the Civil Statement of Claim  vary according to the subject matter of the lawsuit.

• If the lawsuit relates to the breach of contract clauses, the Plaintiff must attach the contract executed between them and the Defendant, along with all documents proving the breach of obligations.
• If the lawsuit concerns the recovery of possession, the Plaintiff must attach all documents proving that they had quiet, public, and continuous possession of the property for a period exceeding one year.
• If the Civil Statement of Claim concerns a demand for compensation for incurred damage, whether material or moral, the affected Plaintiff must submit the claim accompanied by all documents demonstrating the damage they suffered as a result of the Defendant’s fault.

By consulting a specialized lawyer, such as Samaha Legal Consultants Office, you can properly prepare all the necessary documents for submitting the Civil Statement of Claim in the UAE.

What Steps Follow the Submission of the Civil Statement of Claim?

After submitting the Civil Statement of Claim to the Case Management Office of the competent court, the following steps ensue:

1. The lawsuit is registered in its dedicated record, either electronically or manually.
2. The date of registration must be recorded, and the Plaintiff must be notified of the hearing date.
3. The Plaintiff must pay the prescribed fees immediately upon registration, within a period not exceeding three working days from the day following the payment notification, failing which the registration will be considered void.
4. Upon registration, the Plaintiff must deposit copies of the claim equal to the number of defendants, plus one copy for the Case Management Office.
5. The Defendant must file a Statement of Defense along with copies of their supporting documents within ten working days from the date of being notified of the lawsuit.

Tips for Drafting the Civil Statement of Claim in the UAE

Any person wishing to file a claim concerning a right established in the Civil Transactions Law and other related civil laws must submit a Civil Statement of Claim in the UAE. To ensure this document is robust, the following steps should be followed:

• Consult a specialized lawyer, such as Samaha Legal Consultants Office, to correctly draft the Civil Statement of Claim.
• Prepare the claim to include all the mandatory data required to be mentioned in the statement.
• Do not file the claim without gathering all the necessary evidence and proof to substantiate the right being claimed.
• Verify the Competent Court for hearing the civil lawsuit.

If you have any consultation regarding the Civil Statement of Claim in the UAE, contact us at Samaha Legal Consultants Company in the UAE.

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