A petition for reconsideration of a cassation judgment in the UAE is one of the exceptional legal avenues provided by the legislator to challenge certain final judgments.

A petition for reconsideration of a cassation judgment in the UAE is filed under specific and precise conditions and cases outlined in the Civil Procedures Law.

Although Cassation Court judgments are considered final and conclusive and are not subject to appeal, UAE law has created a small window to allow for reconsideration if it is proven that there was fraud, forgery, or the emergence of new, conclusive evidence that would change the court’s decision.

What Is a Petition for Reconsideration of a Cassation Judgment in the UAE?

A petition for reconsideration of a cassation judgment in the UAE is considered one of the exceptional legal methods allowed by UAE law to challenge final and conclusive judgments, but under strict and specific conditions.

Article 189 of the UAE Civil Procedures Law stipulates that Cassation Court judgments cannot be appealed in any way, with the exception of those issued on the merits of the dispute.

A petition for reconsideration of a cassation judgment in the UAE can be filed if one of the cases stipulated in the first three clauses of Article 171 of the same law is met.

These cases include:

• Material fraud committed by one of the litigants that had a direct effect on the court’s judgment.
• A judgment issued based on documents or testimonies that are proven to be forged or manipulated after the judgment was issued.
• The discovery of new, conclusive documents in the lawsuit that the petitioner was previously unable to present.

With the help of a specialized lawyer like Samaha Legal Consultancy, you can file a petition for reconsideration of a cassation judgment in the UAE in a legal manner and understand the specific cassation rulings related to it.

As for the other cases stipulated in Article 171, such as a judgment ordering something not requested, a contradiction in the judgment’s wording, or a judgment issued against a party who was not properly represented, they cannot be relied upon to file a petition for reconsideration of a cassation judgment in the UAE.

The petition must be submitted according to the procedures set out in the chapter on petitions for reconsideration.

This lawsuit must be filed within one month from the date of discovering the legal basis that allows for filing the petition, whether that date is the discovery of the fraud, the issuance of a judgment confirming forgery, or the emergence of new conclusive evidence.

This specific time frame and procedure serve as a legal guarantee to achieve justice without undermining the finality of conclusive judgments.

What Are the Cassation Rulings Regarding a Petition for Reconsideration in the UAE?

The Cassation Court in the UAE has established a stable legal principle that its judgments are final and conclusive and cannot be appealed through any traditional method, except when the judgment relates to the merits of the dispute.

This is the only exception in the law where a petition for reconsideration of a cassation judgment in the UAE can be filed, under narrow and limited conditions and according to judicial precedents.

The petition is not accepted for procedural decisions issued by the Cassation Court, such as those rejecting an appeal or ruling that it is inadmissible or not accepted, as they relate to public order and do not affect the substance of the dispute.

However, in cases where the court rules on the merits of the lawsuit, those judgments, although final and conclusive, may be subject to a petition for reconsideration of a cassation judgment in the UAE if one of the three cases stipulated in Article 171 of the Civil Procedures Law is met, such as fraud, forgery, or conclusive documents.

Thus, challenging a cassation judgment through a petition for reconsideration of a cassation judgment in the UAE is a precise exception that requires the fulfillment of two fundamental conditions: first, that the judgment was issued on the merits of the dispute, and second, that one of the exclusive legal grounds is proven.

With the help of Samaha Legal Consultancy, you can understand the specific conditions and rulings for a petition for reconsideration of a cassation judgment in the UAE.

What Are the Procedures for Filing a Petition for Reconsideration of a Cassation Judgment in the UAE?

A petition for reconsideration of a cassation judgment in the UAE is considered an extraordinary method of appeal in civil and criminal judgments.

Its purpose is to correct errors related to factual assessments that affect final and conclusive judgments.

If one of the legal cases that permit an appeal for reconsideration of a civil judgment is met, a request can be filed.

A petition for reconsideration of a cassation judgment in the UAE can be filed with the assistance of a specialized firm like Samaha Legal Consultancy by following these steps:

1. The petition statement submitted by one of the litigants is deposited with the case management office according to the established procedures for filing a lawsuit.
2. The petition statement must include details of the judgment being petitioned and its date, in addition to explaining the reasons for the petition, which must be based on the legal grounds and cases, otherwise the request will not be considered acceptable.
3. A judicial session is held before the competent court to review the request. The court may even be composed of the same judges who previously issued the challenged judgment.
4. The request must be accompanied by proof of a deposit of AED 500 as a security, which will be confiscated if the request is rejected, ruled inadmissible, or not accepted.

As for filing a petition for reconsideration of a cassation judgment in the UAE in criminal cases, the procedures for submission vary depending on whether it is submitted by the Public Prosecutor or the convicted person.

If the petitioner is not the Public Prosecutor, they must submit a petition to the Public Prosecutor with a statement explaining the judgment to be reconsidered and the case it is based on, along with supporting documents.

The Public Prosecutor then conducts the necessary investigations and submits the documents within the following three months, accompanied by a report clarifying their opinion and the reasons behind it.

However, if the appeal is filed by the Public Prosecutor, the procedures are limited to submitting the request with the investigations conducted, to the Criminal Cassation Department through a report that clarifies their opinion and the reasons for it.

What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in a Petition for Reconsideration of a Cassation Judgment in the UAE?

A specialized lawyer from Samaha Legal Consultancy, through a competent and professional legal team, plays a pivotal role in the success of a petition for reconsideration of a cassation judgment in the UAE due to the exceptional nature of this appeal and the required legal precision. The most important tasks of a specialized lawyer from Samaha Legal Consultancy are:

• Initial Legal Assessment: The specialized lawyer analyzes the judgment to verify its eligibility for challenge based on the three exclusive legal cases: fraud, forgery, and conclusive documents.
• Drafting the Petition Statement: The specialized lawyer takes on the task of preparing a comprehensive legal memorandum that includes the judgment details, the reasons for the petition, and the supporting evidence, in accordance with the requirements of Article 171 of the Civil Procedures Law.
• Adherence to Deadlines and Required Procedures: The specialized lawyer is keen to submit the request within the legal deadline of one month from the date the legal reason appeared, along with attaching all required documents and paying the AED 500 security deposit.
• Representing the Client Before the Court: The specialized lawyer attends the sessions, presents their legal arguments, and counters the opposing arguments, which enhances the chances of the petition being accepted both formally and substantively.
• Following Up on the Case Until the Final Decision: The specialized lawyer follows up on the case from the stage of submitting the request until the final judgment is issued, and submits any supplementary documents requested by the court.

With the help of a specialized lawyer like Samaha Legal Consultancy, you can file a petition for reconsideration of a cassation judgment in the UAE in a legal manner and understand the specific cassation rulings related to it. Contact Us.