Today, the judicial costs system, which was approved by the Council of Ministers some time ago, was announced. The Judicial Costs Regulation applies to all cases and requests submitted to the courts, except for general criminal cases, disciplinary cases and related requests, cases and requests that are subject to the jurisdiction of personal status courts, except for cassation and request for reconsideration, cases and requests that are subject to the jurisdiction of the Board of Grievances, cases and requests related to estate division cases, except for cassation and request for reconsideration, cases and requests arising from the application of the provisions of the Bankruptcy Law.
The Judicial Costs Regulation will apply to all cases and requests submitted to the courts, except for general criminal cases, disciplinary cases and related requests, cases and requests that are subject to the jurisdiction of personal status courts, except for cassation and petitioning for reconsideration. Judicial costs shall be imposed on the lawsuit in an amount not exceeding (5%) percent of the value of the claim, with a maximum amount of one million riyals, and the regulation shall specify the criteria for estimating judicial costs and the rules and regulations governing this.
According to Article 4 of the Law, if the court decides to strike out the lawsuit, or ruled that the lawsuit was never filed, or that it is inadmissible because it was not filed, additional judicial costs shall be imposed in the event that it is heard again, equivalent to (25%) percent of the costs of hearing the lawsuit the first time, and the plaintiff shall bear the additional costs of hearing it, even if he is ruled in his favor on the merits of the lawsuit.
Regulations shall determine the criteria for estimating judicial costs and the rules and regulations governing them. In Article 5, a claim for annulment of an arbitration award shall incur judicial costs equal to (1%) of the amount awarded to the claimant of annulment, if his claim is rejected, up to a maximum of one million riyals.
<The sixth article stipulates: Without prejudice to the provisions of Articles (7) and (8) of the Law, separate judicial costs shall be imposed on the suit of the intervening opponent seeking judgment for himself, and in the event of multiple plaintiffs or defendants in the suit, each of them shall bear the judicial costs to the extent of their share of the claim.
The following requests are subject to judicial costs in an amount not exceeding ten thousand riyals, in accordance with the criteria, controls and assessment rules determined by the regulation, according to Article 7, namely, appeals, cassation, petition for reconsideration, interlocutory requests, requests for input from the litigants, requests for restitution, request by one of the litigants to proceed with the suspended case by agreement before the expiration of the agreed period to stop litigation, request to correct or interpret the judgment, and other requests determined by the regulation.
Other requests specified by the regulation. According to Article 8, the following requests shall be subject to judicial costs in an amount not exceeding one thousand riyals, in accordance with the criteria, controls and assessment rules determined by the regulations, including a request by the interested party to be handed a certified copy of the case papers or records - paper or electronic - or documents or papers in the hands of the court, a request by the interested party to view the case papers or records (paper or electronic), a request for a replacement copy of judicial documents, and the provisions of paragraph 1 of this article shall not apply to requests submitted during the hearing of the case by the parties or those who entered it.
The provisions of paragraph 1 of this article shall not apply to requests submitted during the hearing of the case by the parties or those who entered it. <Article Nine: If the request results in a change in the assessment of the value of the lawsuit, whether increased or decreased, the judicial costs of the lawsuit shall be calculated based on the assessment of the new value of the lawsuit, without prejudice to the judicial costs specified for the same request, Article 10 No new costs shall be imposed on the lawsuit in either of the two cases if the court rules that it lacks jurisdiction and the lawsuit is brought before the competent court, if the competent court decides to reverse the judgment and return the lawsuit to the court that issued the contested judgment or to another court.
Notwithstanding the provisions of Paragraph (1) of this Article. <According to Article 11, the competent administration shall determine the amount of judicial costs for the lawsuit or application submitted to the court in accordance with the law and regulations, and shall inform the plaintiff or applicant upon registration of the lawsuit or application. The plaintiff or applicant may object to this determination within fifteen days from the date of its notification before the President of the Court or any of its judges authorized by him, and his decision shall be final and not subject to objection.
<In Article Twelve: With the exception of the cassation appeal and the request for reconsideration, the failure to pay the judicial costs shall not prevent the court from registering the case or registering the request and deciding on them, and they shall be collected in accordance with the procedures specified by the regulation, and the cassation appeal and the request for reconsideration shall be given a period of (30) days from the date the request is registered with the competent court to pay the judicial costs specified for the request; if he fails to pay within this period, the court shall rule that his right to the request has lapsed and the ruling shall be final.
The decision shall be final. <Article Thirteen: Unless otherwise stipulated by law or regulation, the judgment shall be borne by the defendant, without prejudice to the right of the concerned parties to claim compensation. If the plaintiff is not right in part of his requests, he shall bear the portion of that part, and if the case ends in reconciliation, the parties to the case shall bear the judicial costs equally, unless they agree otherwise.
According to Article 14, if the lawsuit ends with a judgment without collecting the legal costs, the final estimate issued by the competent administration shall be considered an executive document and shall be collected in accordance with the regulations, and Article 15, subject to the provisions of paragraph (2) of Article 13, the legal costs shall be reduced to one-fourth in the event of reconciliation before the court, if the reconciliation is after the end of the first hearing and before the judgment in the lawsuit.
Regardless of the provisions of paragraph (2) of Article 13, the legal costs shall be reduced to one-fourth in the event of reconciliation before the court. <Article Sixteen stipulates: Judicial costs paid shall be reimbursed when it is found that they are not obligatory on the payer or benefit from one of the exemption cases, including if it is ruled in favor of the payer of judicial costs, the request to dismiss the judge or judges if the request for dismissal is accepted, the request to correct or interpret the judgment if the request is granted, the appeal request if it is ruled that the appealed judgment is completely reversed, and if the judgment is partially reversed, the amount of that part is exempted, and the cassation request if it is ruled that the case is returned to the court of origin. If the plaintiff abandons his case before the first hearing is held, in accordance with the statutory procedures, cases that end in reconciliation before the first hearing is adjourned, cases related to private rights that are filed ancillary to criminal cases if they end in reconciliation in any case, provided that the regulation specifies the procedures and rules for this.
And in Article Seventeen: Subject to the provisions of international laws, treaties and conventions to which the Kingdom is a party, judicial costs shall not be imposed on the following categories: Prisoners and detainees at the time when judicial costs are due in non-criminal financial cases, in suits brought by or against them, workers covered by the labor law and those exempted from it and their beneficiaries; to claim their dues arising from employment contracts, and ministries and government agencies, and the regulation shall specify the procedures and rules for this.
Article Eighteen, subject to the provisions of Article (Seventeen), if a judgment is issued in the case in favor of the person exempted from judicial costs, the defendant shall be obliged to pay the judicial costs, Article Nineteen, the amounts of judicial costs collected shall be deposited in a current account of the Ministry of Finance at the Saudi Central Bank.
<Article Twenty: The Minister of Justice shall determine by his decision the competent department - in the court to which the lawsuit is filed or to which the application is submitted - to collect the judicial costs, and to refund them if the grounds for refund are available, Article Twenty-first Article The Minister of Justice licenses the private sector to carry out work in support of the implementation of the system, and the regulation specifies the provisions of licenses for it and the rules of its work procedures and supervision, and Article Twenty-two The Ministry of Justice shall prepare the regulation within (60) days from the date of issuance of the system, and shall be issued by a decision of the Cabinet.
Mr.
