The feeling of injustice is the worst feeling that a person may experience in his life. Since the beginning of creation, people have sought to achieve justice and remove injustice from the oppressed. Therefore, Saudi law has legislated the right to object to rulings issued by the courts of first instance. This does not mean that all rulings are subject to objection. There is Some rulings do not accept objection at all, and this depends on the type of ruling issued. For example, among the rulings that accept objection are criminal, civil, administrative, and legal rulings. All of these rulings accept objection, and objection is submitted before the higher courts.
The rulings that are not subject to objection at all are the final rulings issued by the Supreme Court in criminal and civil cases.
Therefore, our topic in this article is about the rulings that can be objected to, how to object to a final ruling, and who can submit an objection. We will answer all of these questions in this article, so follow us……..
Provisions that can be objected to in Saudi Arabia
Provisions subject to objection:
All final rulings issued on the subject of the case by the courts of first instance, and rulings issued before the ruling on the matter, which are:
- The ruling issued to stop the case.
- Temporary and urgent rulings.
- Compulsory enforceable judgments.
- Judgments issued due to lack of jurisdiction.
Objection to temporary and urgent rulings and compulsory enforceable rulings does not result in stopping their implementation.
Non-appealable rulings:
- Judgments issued in minor cases determined by the Supreme Judicial Council.
- Judgments issued before the case is decided and do not end the dispute in whole or in part.
- These rulings are not subject to appeal unless there is an objection to the ruling issued on the matter.
- Non-appealable commercial judgments are those whose value is less than 50 thousand riyals.
- Judgments ending in reconciliation.
- And labor provisions whose value is less than 20 thousand.
How to object to a ruling through Najez
There are several steps that must be followed in order to be able to object to the ruling via the Najez platform:
- AYou do not have to enter the Ministry of Justice’s Najez platform and choose electronic services.
- You select requests for issues through your site Najez.
- You start by entering all the data related to the case.
- Choose whether to request a review or appeal the ruling.
- Include all important data such as your name, nationality, and mobile number.
- You write your objection to the ruling and the reasons that led you to submit the objection.
Conditions for objecting to a ruling through Najez
- The appealed ruling must be one of the rulings that accepts appeal.
- The maximum period for submitting an objection through Najez is thirty days from the date of receipt of the ruling statement.
- There must be no acceptance from the objector in any form, whether explicit or implicit.
- Having eligibility For the appellant And the appellant.
- There must be a right and interest accruing to the appellant.
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When does the period for objection to the ruling begin?
The period for objection to the ruling is divided into two parts:
- The first section: is the objection to rulings in urgent requests. The objection must be made within a specific period, which is a maximum of 10 days from the date of receipt of the ruling statement.
- The second section: These are the provisions for resolving disputes, which are intended as regular provisions that can be objected to within a maximum period of thirty days, starting from the day following the day of receiving the statement of the ruling.
Who can object to a ruling through Najez?
Objection to the ruling must be submitted by the parties concerned in the case or their legal representatives, such as their specific agent.
Ways to object to a ruling in the Saudi system
There are three levels of litigation in the Saudi system:
- Appeal
Appeal is one of the most well-known and widely used methods of objection. Appeal is used to challenge a decision taken by the court of first instance. Each party to the case has the right to appeal. The appeal must be submitted in Najez within a maximum period of one month (thirty days) from the date of receiving the ruling. If the person loses the right to object On the judgment through the Najez portal, in order for the judgment to be reconsidered, a request for reconsideration must be submitted in accordance with certain controls and conditions.
- Petition for reconsideration
All parties involved in the case can submit a request for reconsideration, and there are two cases in which a request for reconsideration can be submitted:
- The first case: The deadline for objection to the ruling in the pending case has passed.
- The second case: The decision must be issued by the Court of Appeal.
Although everyone can submit a petition on the Najez portal to request a reconsideration of the judicial decision, it must be noted that the request to reopen the case from the judicial authorities is only made under clear and specific conditions, and among the conditions for requesting reconsideration on the Najez portal are the following:
- If the judgment is based on documents submitted to the court and you can later prove that the documents are forged.
- False testimony on which the ruling was based.
- The petitioner obtained documents capable of changing the course of the case, which he did not have at the time the case was heard.
- The presence of deception and fraud on the part of the opponent during the ruling.
- If you wish to appeal the default judgment.
- Contradictions in verbal judgments.
- Absence of a lawyer.
- Veto
Cassation is the last way to object to the ruling through the Nahez platform. Naturally, no appeal can be submitted to the Supreme Court except after the decision is submitted to the Court of Appeal. It should be noted here that a small number of cases reach the Supreme Court, and since the cases are Court of Appeal They are decided by a committee. The decisions taken by the Court of Appeal rarely involve error. We must also mention that not all lawyers have the right to plead before the Supreme Court, because that requires the presence of a lawyer with long experience in opposing judicial decisions.
Objection to an execution order
The basis for the decisions issued by the enforcement judge cannot be objected to, and appeals are not accepted unless there is a clear and compelling reason that forces the judge to accept the objection. There are some cases that can be objected to, and they are as follows:
- Provisions related to insolvency lawsuits.
- All decisions related to problems of implementing a promissory note.
- Decisions issued regarding lack of jurisdiction to implement the bond.
- Decisions that the judge refuses to implement under the pretext that they violate Sharia law.
Hire an excellent lawyer to object to a judicial ruling in Riyadh
If you have a dispute related to financial claims and want to object to a judicial ruling, do not hesitate to contact the commercial law experts at Al Othman Law Firm, because they have legal experts whose experience extends to more than 15 years, and the experience of their staff of consultants exceeds more than 22 years in Saudi commercial systems. Al Othman Company includes the best commercial lawyers in Saudi Arabia and Riyadh.
Al Othman Lawyers and Consultants are happy to serve you, so do not hesitate to contact them and consult them, as the Al Othman Law Office is considered one of the best offices in the Kingdom.
Call the commercial law experts at the Al Othman office on +966-535-008-888
What happens after objecting to the ruling?
Mostly, one of the following things happens after an objection to a ruling:
- Either the ruling is final, meaning that the Court of Appeal upholds the ruling issued by the court of first instance, and in this case you receive a message rejecting the objection.
- Overturning the ruling: In this case, the Court of Appeal overturns the ruling and returns it to the court that reviewed it, so that it can reconsider the ruling again.
- Sometimes the Court of Appeal overturns the ruling and transfers it to another circuit for consideration.
He refused to object to the ruling
The conditions he mentioned must be present in order for the appeal to be accepted. If one of these conditions is not met, in this case the appeal will be rejected and the appealed ruling will be upheld. Accordingly, the appeals judge will uphold the initial ruling issued by the court of first instance, and the ruling will take executive form.
How do you know that your opponent objected to the ruling?
You can find out whether your opponent has objected to the ruling or not by your inquiry Report your case electronically through the Najez platform of the Ministry of Justice.
Here we have reached the end of the article in which we have explained everything related to the method of objecting to a ruling in Najez, and it is important to appoint a specialized lawyer to object to you and follow all necessary legal procedures so that your objection meets the conditions and is accepted by the court and not rejected.
Call the commercial law experts at the Al Othman office on +966-535-008-888
