A lot of people have trouble identifying when a problem they are going through is a potential civil case in Dubai. The most important thing to understand about these issues is that they pose a threat to your daily life or your company. Disputes, payment penalties, discrimination, and a variety of other related concerns can all be classified as ordinary civil law difficulties.
In this article, you will learn everything about how to proceed with a Civil Case in Dubai. A civil lawsuit involves two or more individuals in a legal dispute. A civil action initiates when one of the parties of a dispute submits a complaint. Including all matters such as carelessness, harassment, defamation, property ownership titles, and so on.
- What is the process for a Civil Case?
- What are the differences between civil cases and criminal cases?
- Which parts of the Civil Law have changed recently?
- What are the most important things to remember about civil cases?
- How can Connect Legal help you with your civil case in Dubai?
1. What is the process for a Civil Case?
The plaintiff makes a complaint with the court, who then “serves” a copy of the complaint upon the defendant to launch a civil case in Abu Dhabi. The complaint states the plaintiff’s losses or injuries, explains how the defendant is responsible for the harm, establishes the court’s jurisdiction, and requests compensation.
A complainant may seek monetary compensation for damages or request that the court instructs the defendant to cease the behavior that has been causing the damage. The court could also grant other sorts of remedies, such as a statement of the plaintiff’s legal rights in a particular scenario.
One of the most common causes for a civil case punishment in the UAE is a lawsuit about defamation. Especially now that the law contemplates new network regulations regarding the Defamation Law. Here in Connect Legal, we have the best General Civil Law lawyers you could find in the United Arab Emirates.
1.1 The case preparation
There may be “discovery,” in which the litigants must share information regarding the case with one another. Including the identities of witnesses and reproductions of any documents relating to the case. The goal of discovery is to get the parties ready for trial by forcing them to gather their evidence and preparing to call witnesses.
Each party may also submit petitions, or “motions,” with the court, requesting judgments on evidence discovery or trial processes.
A deposition is a type of discovery that requires a witness to give answers about the case before the trial. Under oath, the witness responds to questions from the lawyer in front of a court reporter, who creates a word-for-word account known as a transcript.
1.2 Settling differences
To avoid the cost and delay of a trial, courts urge litigants to try to negotiate an agreement to settle their disagreement. The courts promote the use of mediators, arbitrators, and other forms of dispute settlement to resolve a disagreement without the necessity for a trial or other judicial actions.
As a consequence, litigants frequently reach a “settlement.” In the absence of a settlement, the court will establish a trial date. Under the Constitution, each party has the right to pursue a jury trial in a wide range of civil issues. If the parties relinquish their entitlement to a jury, the matter will be heard by a judge without the need for a jury.
1.3 Trial Process
In a civil case in Abu Dhabi, the judge decides which information can go to court by using evidence rules. Keeping witnesses out of the courtroom until it is their turn to testify. In this way, they may talk from their understanding and not modify their account depending on what another witness says.
A court reporter records the proceedings, and an assistant clerk of court records each individual who testifies, as well as any evidence. If a question asks the witness to say anything that is not on the witness’s knowledge or is irrelevant to the argument, the defense lawyer may object.
In most cases, the court either overrules or allows the objection. If the objection is upheld, the witness does not have to respond to the questions, and the attorney must go on to the next one. The court reporter is also under the responsibility to record the objections. Thanks to this, the court of appeals can make a review of the arguments.
Following the presentation of evidence, each party makes a closing statement. In a civil case in Dubai, the judge explains the applicable law and the judgments that the jury must decide.
In general, the jury must evaluate if the defendant is accountable for causing injury to the victim in a certain way, and then calculate the number of damage that the defendant must pay.
If the trial occurs as a “bench” trial, the judge will determine the issues and order the relief to the prevailing party. This happens when the case does not count with a jury.
In a civil case in Dubai, the complainant must persuade the jury by “clear and convincing evidence” that the opponent is to blame for the plaintiff’s injuries.
2. What are the differences between civil cases and criminal cases?
The government is responsible for bringing a case against someone in criminal court for committing a crime. The government must establish the defendant’s guilt “beyond a reasonable doubt,” an extremely high bar. If the person is found guilty, he or she may face a sentence to prison or jail.
On the contrary, in a civil case in Sharjah, one person files a lawsuit against another person for a disagreement or problem. A company or government organization can also file a suit in civil court. Criminal cases entail actions that are damaging to society as a whole. These are offenses against the jurisdiction of the prosecution or the “state”.
Civil litigation often involves some form of compensation for damages or losses, as well as property disposal and other issues. A guilty defendant faces civil case punishment in the UAE that can go from jail, fines, or, in extreme situations, the death sentence.
It is critical to note that civil and criminal processes can frequently run concurrently. In some cases, civil proceedings might be in suspension temporarily if a criminal matter pending before the court in connection with the civil case in Sharjah.
Both criminal and civil procedures are separate. The judges appointed to them are likewise diverse and have distinct authorities.
For instance, a criminal court judge can sentence the offender to prison. A civil court judge could order the judgment debtors to make payments due to the judgment creditor. If such orders are not executed, they impose asset seizure and an arrest warrant.
3. Which parts of the Civil Law have changed recently?
Over the last years, change has been a constant in UAE Laws. The impact of the pandemic on labor law, gives many challenges to employers and employees. To change the way we calculate the end-of-service benefits in the new Gratuity Law.
Cabinet Resolution No. 33 of 2020 made several significant revisions to Federal Law No. 11 of 1992 and its adjustments to the UAE Civil Procedure Code. This changes the way the civil case in Ajman is conducted.
These adjustments aim to improve the UAE’s litigation procedures. The following are the procedural modifications implemented in the UAE:
3.1 Modern technology
We are living currently in a technological revolution, and the general law system is starting to progressively incorporate this new form of interaction into the regulations.
The new amendments regulate contemporary technology. In regards to its usage, while serving a court order, this can only be declared acceptable when the right numbers and addresses are used.
Similarly, under its updated position on serving summons on corporations. The summons may be issued to a company’s branch address or office location only when the matter is relevant to such business or office.
If the main office is not open or they reject the summons, the server may now affix a duplicate of the summons at the premises. This will do without obtaining prior approval from the court, as was previously necessary.
3.2 Summary proceedings
The new amendments increase the value limit for summary procedures from AED 500,000 to AED 1 million. These modifications increase the power for lower courts. If the courts approve a payment order, there is no need for appeal processes if the claim is less than or equivalent to AED 50,000.
However, if the lawsuit is worth further than AED 50,000, an appeal may be submitted to the court of appeals. Which is obligated to hear the matter afresh on its merits.
3.3 Travel bans
For a travel restriction to be granted, the amount owing cannot be less than AED 10,000. There must be a compelling basis to believe that the debtor would flee the UAE to escape lawsuits and payments.
It is also important to know the reasons behind the visa cancellation regulation, and what is the process to follow regarding that matter.
3.4 Execution proceedings
The new amendment also modified the execution process. Giving the execution court more discretionary authority to accept payment arrangements for up to three years. This can influence current economic conditions and may change over time.
In addition, if a party intends to oppose an execution ruling, they must give AED 5000 in deposit costs. This may be forfeit if the objection is unsuccessful. Learn more about us to know how we can be very helpful to your case.
3.5 Corporate entity’s legal representation
A corporate entity’s representation in court must be by advocates who have the power of attorney documentation.
Any other individual who represents the company must be an Emirati. They also need a legal degree and experience working for the business for at least one year. Make sure to contact us to find the best lawyers in the field.
4. What are the most important things to remember about civil cases?
As a result of these new changes, Dubai’s civil attorneys face changes that are primarily responsible for altering how to conduct a civil procedure.
The Amendment Law has stop plaintiffs and their lawyers from serving the notice on the other party using current technologies. This implies that the summons cannot be issued via e-mails, phone calls, or communications from the parties or their representatives.
Once the matter is sent to the fast-track court, it must provide a ruling within 100 days. The reasons for adjournment of such procedures shall only include reasons such as mortality or loss of ability. Or if any criminal case is presented with the same merits as the current case.
Previously, enforcement courts could only approve the implementation of a plan for one year. However, this timeframe has now been extended from one year to three years. Register on our website to contact our lawyers and get the proper guidance.
5. How can Connect Legal help you with your civil case in Dubai?
As we can tell from everything that we have been exposing in this article, civil cases in Ajman are pretty common on a day-to-day basis. However, it is vital to count on the best representation. We will be glad to offer you the best service there is in the legal market regarding a civil case in Dubai.
Here in Connect Legal, we are very proud of the services we have to offer you. Helping others is our main goal, which is why we highly encourage you to register on our website and start this wonderful journey. From our platform, you can also offer your services as a lawyer, so that more people will hire you.
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