interlocutory motions
In the course of lawsuits, new issues may arise that were not raised when the original lawsuit was filed, and here the system allows opponents to submit what are known as incidental requests. These requests represent a practical means of addressing any new facts or rights related to the lawsuit, so that the court considers them with the original request and issues a single ruling covering all aspects related to the lawsuit, which reduces the need to file additional lawsuits and saves the opponents a lot of effort and procedures
But dealing with incidental requests is not limited to knowing them theoretically, but rather requires a legal understanding of their timing, conditions, and impact on the final ruling. Therefore, by contacting Abdul Majeed Al Rashid Law Firm and Legal Consultations, we connect you with a group of licensed lawyers who advise you on these applications and employ them optimally.
What are the incidental requests?
Incidental claims are new claims made by an adversary during the course of the case, and are related to or closely related to the original claim. Its purpose is to modify the scope of the dispute or add new topics related to it, provided that they were not mentioned in the lawsuit or at the opening session of the lawsuit, without the need to file a new lawsuit.
What is the purpose of cross-requests?
Incidental requests are not just a formal addition, but rather achieve important practical goals, the most prominent of which are:
Expanding or modifying the scope of the original lawsuit: so that the plaintiff or defendant can develop his claims according to new circumstances that arise during the consideration of the case.
Avoid filing a new lawsuit and the time and expenses that result from it: incidental requests shorten the time, effort, and expenses for both the parties and the court
Enabling the court to decide all related disputes within the framework of a single case. Instead of scattering it between multiple issues.
Types of incidental requests, conditions for their acceptance, and their impact on the course of the case
Types of incidental orders
According to the provisions of the Sharia Litigation System, incidental requests can be classified into several types:
Requests to modify the original request
Such as: increasing or decreasing the value of the financial claim, or amending the subject of the request in accordance with what appeared during the course of the lawsuit.
Requests arising from the original request
Such as: requesting additional compensation or delayed interest as a result of the other party’s failure to implement it on time.
Addition requests
Similarly: introducing a new opponent into a lawsuit when this has a direct connection to the original dispute.
Defense requests
For example: a request for set-off between two debts existing between the two parties, such as the defendant demanding that his debt to the plaintiff be deducted from the amount claimed.
Related requests arising after the lawsuit is filed
Such as: the plaintiff’s claim for compensation for subsequent damage that occurred after the lawsuit was filed due to the act in dispute.
Conditions for accepting incidental applications
To ensure that this right is not abused, the system requires a set of controls for accepting incidental requests, which are:
To be related to or derived from the original application.
To be submitted before closing the pleading door.
To be within the qualitative and spatial jurisdiction of the court.
It does not include a fundamental change in the nature of the case that would harm the right of defense of the other party.
To request a precautionary or temporary measure
When and how to submit cross-applications?
Opposing applications may be submitted at any stage of the hearing of the case, provided that this is before they are reserved for judgment.
It shall be submitted either orally during the hearing and recorded in the minutes of the hearings, or in writing by an official memorandum deposited with the court.
What is the impact of incidental requests on the lawsuit?
It may expand the scope of the dispute to include additional issues.
It may cause a delay in adjudicating the case if it requires a new investigation or evidence.
If the court accepts the incidental requests, they become part of the original case and are adjudicated together.
The role of your choice of attorney in submitting incidental applications.
A lawyer’s power of attorney from Abdul Majeed Al Rashid Law Firm and Legal Consultations helps you prepare and submit applications before the court in terms of:
Determine the appropriate timing for submitting applications in a way that serves the client’s interest.
Formulate applications clearly and indicate their connection to the original application.
Submit supporting documents to support applications.
Responding to the opponent’s incidental requests that may harm the client’s interest, by appealing them or arguing that they are not accepted.
Practical notes to consider
If the incidental request is not related to the original request, it must be filed in an independent lawsuit.
The court has discretion to accept or reject incidental requests if its conditions are not met.
And in the end:
Regulating incidental requests remains an effective means of ensuring comprehensive dispute resolution and avoiding multiple claims. However, benefiting from it requires precise knowledge of the procedural controls governing its acceptance. Therefore, reviewing the relevant texts and seeking legal expertise when needed is an essential step to avoid any legal problem that may result from submitting an application that does not meet the conditions.
Some frequently asked questions about cross-orders
What is the difference between original orders and incidental orders?
Original requests: They are the basis on which the lawsuit is based. The plaintiff shall initially submit it in the lawsuit before the court.
As for incidental requests: they are subsequent requests related to the original lawsuit that are submitted during its consideration to amend or complete it.
Does the court rule on incidental applications separately?
No, the court shall rule on the merits of the incidental requests with the original lawsuit whenever possible, otherwise it shall preempt the incidental request to rule on it after its investigation.
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