Have you ever found yourself in a situation where you need to take legal action in Dubai but aren’t sure where to start? Whether you’re dealing with a civil matter, a contractual issue, or any other legal matter, knowing how to effectively file & manage a lawsuit in Dubai is crucial. This blog will walk you through the entire process to sue someone in Dubai and ensure that you are well-prepared to take legal action.
Legal Framework in Dubai
Dubai’s legal system is a blend of civil law principles and Sharia law, administered through a network of local and federal courts. The courts in Dubai are categorized into three levels: the Court of First Instance, the Court of Appeal, and the Court of Cassation. Each level has its own set of procedures and rules. Your Dubai lawyer can help you in figuring this out.
Preparing to File a Lawsuit
Before you begin the sue someone in Dubai or the legal process, ensure that you have all the necessary documentation and that your case is strong enough to proceed.
Gathering Necessary Documentation
To file a lawsuit, you need to prepare a comprehensive “statement of claim.” This document should include:
- Personal details of the plaintiff and the defendant.
- The subject matter of the lawsuit.
- The requests and grounds for the lawsuit.
- The date of submission.
- The court before which the lawsuit is filed.
- The signature of the plaintiff or their representative.
If the case involves the nullification, revocation, or validation of a contract, a copy of the contract must also be included.
Ensuring Jurisdiction
Make sure the court you are filing in has jurisdiction over the case. According to UAE Civil Procedures Law, jurisdiction generally lies in the defendant’s domicile. For commercial cases, the plaintiff can choose the court based on the defendant’s residence, the location of the agreement, or where the contract should have been performed.
Filing the Lawsuit
The process of filing a lawsuit involves several critical steps, each with its own requirements and procedures.
Submitting the Statement of Claim
Submit your statement of claim and supporting documents to the Case Management Office at the relevant court. Alternatively, you can create electronic records of the lawsuit. The submission must be in Arabic or translated into Arabic by a certified legal translator.
Paying Court Fees
After submitting the documents, you will be required to pay a court fee, which is determined based on the type of case. The court will then assign a case number and a date for the initial hearing.
Serving the Defendant
The court clerk, through an official (the bailiff), will serve a notification on the defendant within 10 days of the statement being filed. This notification informs the defendant of the lawsuit and the date of the first hearing.
Court Proceedings
Court hearings in Dubai involve several sessions where both parties present their cases, respond to each other’s claims, and provide evidence.
Initial Hearing
On the scheduled date, the parties or their attorneys must appear before the court. The hearing will be brief, primarily for the submission of documents and the presentation of initial arguments.
Subsequent Hearings
Hearings are usually set 2-3 weeks apart. During these sessions, both parties submit written memoranda, which are reviewed by the judge. The process continues until the judge believes all necessary information has been presented.
Appointment of Experts
If the case involves technical matters, the court may appoint an expert to review documents, meet with the parties, and provide a report. These experts are usually from a list maintained by the court and play a significant role in informing the judge’s decision.
Responding to a Lawsuit
As a defendant, you need to submit a defense memorandum & supporting documents at least three days before the hearing. If you want to know more as a defendant, we have covered this here.
Conclusion of the Case
Once the judge has sufficient information, a date will be set for the judgment. The judgment, along with the court’s reasoning and any orders for costs, will be issued in writing. Judgments are executed under the supervision of an execution judge at the Court of First Instance. Execution representatives assist in enforcing the judgment, which may involve freezing assets or other measures.
Appealing a Judgment
Judgments from the Court of First Instance can be appealed to the Court of Appeal within 30 days. Further appeals can be made to the Court of Cassation on matters of law.
Practical Tips for Filing a Lawsuit in Dubai
Hire a Licensed Lawyer: Only UAE national lawyers with a valid license are allowed to appear before the courts. Ensure your lawyer is licensed by the UAE’s Ministry of Justice.
Understand the Costs: The Court fee structure in Dubai is capped, but additional costs for legal representation and expert witnesses can add up. Budget accordingly.
Document Everything: Maintain thorough records of all communications, agreements, and submissions related to the lawsuit.
Be Patient: Legal proceedings in Dubai can take time, especially if an expert is appointed or if multiple hearings are required.
Conclusion
Filing a lawsuit in Dubai involves going through a detailed and structured legal process. By understanding the steps involved—from preparing your documentation to responding to court actions—you can approach the process with confidence. For further guidance, reach out to our law firms or legal consultants in Dubai who can help you out in filing a suit.