Incidental Requests In the Saudi judiciary

Incidental Requests In the Saudi judiciary

Incidental requests are an important procedure in the course of lawsuits, as they give the parties to the lawsuit legal flexibility to submit new requests related to the original dispute while the case is being heard before the court. 

The Saudi regime has regulated these requests within the provisions of the Sharia Litigation System, specifying their types, conditions for acceptance, and procedures related to them, in a way that achieves rapid resolution of disputes and enhances the efficiency of the judicial process.

What is meant by incidental requests?

What is meant by incidental requests?

Incidental requests mean the requests submitted by the plaintiff or defendant after filing and proceeding with the lawsuit and before closing the door to pleading for any requests that were not submitted and were reported in the lawsuit document or the opening session of the lawsuit. 

What are the types of requests presented in the Sharia litigation law?

Applications that the plaintiff can submit via an opposing application form

Article 83 of the system clarifies the incidental requests that the plaintiff has the right to submit, which are:

• Which includes correcting the original request or amending its subject matter to address circumstances that arose and became clear after filing the lawsuit.
• What complements, follows from, or is indivisibly connected to the original order.
• Which includes adding or changing the cause of action while keeping the subject of the original request unchanged.
• Request an order for a precautionary or temporary measure.
• What the court authorizes to be submitted that is related to the original application.

The Incidental request from the defendant

Article 84 of the law stipulates the types of incidental requests that the defendant may submit, which are:

• Request for judicial set-off.
• The judgment requests compensation for damage he suffered from the original lawsuit or from a procedure in it.
• Any request whose answer results in the plaintiff not ruling on all or some of his requests, or ruling on them restricted to the benefit of the defendant.
• Any order that is connected to the original claim is indivisible.
• What the court authorizes to be submitted that is related to the original claim.

What is the difference between an original order and an incidental order?

What is the difference between an original order and an incidental order?

Application submission time

The original request is the request by which the dispute arises and is submitted in the claim document when it is filed. 

The incidental request is submitted during the course of the case and before the door to pleading is closed.

Applicant

The original application is submitted by the plaintiff while the counter-application is submitted by the defendant or plaintiff.

Applications allowed to be submitted

The plaintiff has the right to request whatever requests he wants in the lawsuit. As for incidental requests, they are limited to requests specified by the Sharia pleading law.

Dealing with incidental requests requires a careful understanding of the regulatory procedures and correct legal wording that ensures that the request is accepted before the court and does not affect the course of the case. 

Therefore, hiring a specialized lawyer from the office of Lawyer Abdul Majeed Al Rashid helps you evaluate your legal position and submit applications in a manner that preserves your rights and strengthens your judicial position.

When is a completed exhibitor application submitted?

The counterclaim is submitted by the defendant or the plaintiff in a newspaper that is notified to the opponents before the day of the hearing, or it is submitted orally during the hearing in the presence of the opponent. Counterclaimes are not accepted after the pleading period is closed, in accordance with the text of Article 82 of the Law. 

When does the court rule on incidental requests?

The court shall rule on the subject of the incidental request from the defendant or the plaintiff along with the original lawsuit if possible. Otherwise, it shall rule on the incidental request before ruling on the lawsuit, after verifying it in accordance with what is stipulated in Article 85 of the Sharia Litigation System. 

How do I submit an application for a bid in Najiz?

The plaintiff or defendant can submit the objectionable application by accessing the Ministry of Justice’s Najiz platform and following the following steps:

• Log in to the Najiz platform via the National Unified Access Account.
• From the home page select “Judiciary”
• Select the desired case from the case list or search using the case number.
• From the requests icon, click on “Request on Case”
• Selection “Viewer Request”
• Fill in the required data and attach supporting documents to the application.
• Submit the request.

The importance of seeking the assistance of a specialized lawyer from the office of Lawyer Abdul Majeed Al Rashid

In legal disputes, procedural details may protect or lose a right, so hiring a competent attorney gives you legal support that helps you deal with incidental requests and regulatory procedures with confidence and clarity.

Through the office of lawyer Abdul Majeed Al Rashid, you can reach licensed lawyers in various legal specialties within the Kingdom with ease.