The lawsuit is not accepted in Saudi law for 6 reasons

The lawsuit is not accepted in Saudi law for 6 reasons

The legal system in the Kingdom of Saudi Arabia is characterized by its reliance on Islamic law to ensure justice and equality among members of society. Therefore, the state has established various courts so that individuals and establishments can file lawsuits to resolve their problems, obtain their rights, and understand their obligations.

In some cases, the lawsuit is not accepted by the court for a number of reasons, and here in this article we review the conditions for accepting the lawsuit, and some of the reasons for not accepting the lawsuit in Saudi law are explained to you by one of the expert lawyers from the office of lawyer Abdulmajeed Al Rashid for Law and Legal Consultations.

What does the claim mean?

It is a request submitted to the competent court to obtain a judicial ruling after considering the case, thus ending the dispute between the parties, achieving justice, and ensuring that the parties obtain all their rights and obligations.

What does it mean to not accept a lawsuit?

The lawsuit is not accepted:

It is a decision issued by the court not to consider the lawsuit submitted in the first place because it violates one of the conditions for accepting the lawsuit in form and violates the procedures required to file it. Not accepting the lawsuit is different from rejecting the lawsuit, as the latter occurs after considering the lawsuit, completing the formal procedures, and verifying the documents and documents submitted, after which the ruling is issued to reject the lawsuit.

You can consult a specialized lawyer from the office of Lawyer Abdulmajeed Al Rashid to help you understand all the procedures required to accept a lawsuit.

What are the conditions for accepting a civil lawsuit?

The court shall accept the lawsuit filed if certain conditions are met after following the necessary legal procedures. The conditions for accepting the lawsuit in form and substance are as follows:

The plaintiff has the right to claim: that is, he has the right to claim, he is the owner of the right and has a direct interest and a party to the meaning or his agent if he lacks capacity, because the existence of capacity is not a condition for accepting the lawsuit, but rather a condition for the validity of the dispute.

The defendant has a capacity: he must be the one to whom the letter is addressed in the case and he must meet the conditions required for that.

The claim must be real, not formal or malicious.

The claimed right must be payable: The right must be fixed and its time must be resolved when the case is filed.
The case must be submitted to the court competent for the case.

The right he is demanding must be legitimate: it does not violate Islamic law and is appropriate to good morals.

The lawsuit must not have been previously ruled and decided, and there must be no previous lawsuit in the same case.

A claim shall not be accepted if there has been a prior settlement between the parties over the right in which the dispute was made or the right has been forfeited by the statute of limitations of the claim.

What is the Board of Grievances?

It is an independent judicial body directly linked to the King, aiming to achieve justice, monitor administrative work and decisions issued by government agencies, and consider lawsuits filed against them.

The administrative authorities here are one of the parties to ensure that the implementation of rules and regulations is emphasized and that the right holder is empowered with the means to appeal and remove harm from him.

What are the conditions for accepting a lawsuit in the Board of Grievances?

In order to ensure that the conditions for accepting the case at the Board of Grievances are met, the objections of the ruling and litigation departments must be identified and sent to the Administrative Court.

The lawsuit must be filed with the administrative authority within a period of five years from the date the plaintiff’s right is proven.

All conditions required by the Board of Grievances must be completed within sixty days from the date of filing the case.

When a case is rejected or not accepted by the administrative body, it must explain the reasons for the rejection.

The competent court must issue a decision to accept or reject the submitted lawsuit within a period of ninety days from the date of filing the lawsuit.

Reasons for not accepting the lawsuit in Saudi law

1- The plaintiff and defendant lack standing, and if the court deems this necessary, it may issue a memorandum declaring the lawsuit inadmissible for filing it by someone without standing.

2- The absence of the legitimate interest to be achieved by filing the lawsuit.

3- Reasons related to the subject of the case, such as insufficient evidence, the validity of the occurrence of events, etc.

4- The claimed right must be illegal or contradict legal and Sharia provisions.

5- Failure to pay legal fees and costs may lead to the lawsuit not being accepted.

6- The court’s lack of jurisdiction over the lawsuit filed or the defendant’s right to statute of limitations is forfeited.

You can find out all the reasons that lead to the lawsuit not being accepted by asking one of the lawyers in the office of Lawyer Abdulmajeed Al Rashid to provide the necessary legal support and direct you in the right direction.