Filing a lawsuit against a person in the UAE involves a series of legal procedures that must be followed with great precision to ensure that the case proceeds correctly without any legal issues, while also securing all entitled rights.
This article aims to explain the fundamental steps and conditions for filing a lawsuit in the UAE, with particular emphasis on the advanced electronic system that has made the process significantly easier.
Procedures for Filing a Lawsuit Against a Person in the UAE
Filing a lawsuit in the UAE requires adherence to several essential legal steps to ensure the case is accepted by the court and proceeds without legal errors. These steps include:
- Organizing the required documents to support the claim, such as contracts, receipts, official correspondences, or any written or physical evidence that strengthens the plaintiff’s position in court.
- Selecting the competent court based on the jurisdiction corresponding to the nature of the case.
- Drafting the statement of claim in a legally correct format, including the main details of the plaintiff and defendant, the subject of the dispute, and the legal demands based on legislative provisions.
- Submitting the claim within the legally defined timeframe, especially in cases subject to statute of limitations or deadlines.
- Paying the applicable court fees or submitting proof of exemption if legally justified.
- Receiving the case number and first hearing date, which the plaintiff will use to follow up on the case.
- Officially notifying the defendant, either through a registered address or through verified electronic notification methods.
- Attending court sessions and complying with court procedures. Failure to attend may lead to dismissal of the case or a default judgment, depending on the situation.
Conditions for Filing a Lawsuit in the UAE
To have a lawsuit accepted in UAE courts, it is not enough to simply follow formal procedures. The following substantive conditions must also be met for the right to litigation to be valid:
- The plaintiff must have a direct and legitimate legal interest in the lawsuit. This interest must exist at the time of filing and not be merely potential or future.
- The plaintiff must be the rightful owner of the disputed right, and the defendant must be the party accused of violating or infringing that right.
- All parties must have full legal capacity to litigate. A legal representative may also file the lawsuit on behalf of a party.
- A case will not be accepted if it violates public order or core legal principles upheld by UAE law, such as:
- A final judgment has already been issued in the same dispute.
- A binding arbitration agreement exists.
- The claim is barred by statute of limitations or other legal grounds preventing it.
- In most cases, the lawsuit must be filed within a legally specified period, especially in cases of compensation or contract termination, or the right to claim may be forfeited.
It is crucial to consult a qualified lawyer who understands UAE legal procedures before filing a lawsuit to ensure the correct steps are taken and the legal position is fully understood.
How to File a Lawsuit Online
The UAE’s electronic litigation system is one of the leading judicial initiatives, allowing individuals to file lawsuits online to expedite judicial processes without needing to attend court in person. The steps include:
- Log in to the Ministry of Justice website or the respective emirate’s smart justice portal, such as the Abu Dhabi Judicial Department or Dubai Courts.
- From the judicial services menu, select the “Electronic Case Filing“ service, which allows submission of the statement of claim and parties’ details online.
- Fill out the online form, including the plaintiff and defendant’s details, a brief legal description of the case, and the objectives sought.
- Upload supporting documents, categorizing each file by type. Official documents must be clear and valid.
- Review the claim details carefully, confirm their accuracy through electronic signature, and agree to the service’s terms and conditions.
- Pay court fees through the available online payment methods, calculated based on the type and value of the case.
- After submission, the plaintiff receives a case number electronically, and the defendant is notified via officially approved methods.
With that, we conclude our article on how to file a lawsuit against a person in the UAE. We have outlined the key legal procedures and essential conditions that must be considered before resorting to litigation—whether through traditional methods or via the UAE’s accredited electronic systems.
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