Resolution No. (33) of 2020 concerning

Resolution No. (33) of 2020 concerning

Remote Litigation Procedures and Continuity of Court Services

 

Based on Law No. (6) of 2005 Regulating Dubai Courts and its amendments; Law no. (13) of 2016 concerning the Judicial Authority in the Emirates of Dubai; Federal Law No. 10 of 1992 on the Issuance of the Evidence Act for Civil and Commercial Transactions; Federal Law No. (1) of 2006 on Electronic Commerce and Transaction and its amendments; Federal Law No. 5 of 2017 on the Use of Remote Communication Technology in Criminal Proceedings; the Resolution of Minister of Justice No. 260 of 2019 on the Procedural Handbook of Organizing the Remote Litigation using Electronic means and Remote Communication in Civil Proceedings; and Resolution No. (33) of 2020 on Adjourning Judicial Hearings and Remote Work in Dubai Courts, and upon the directions of the Executive Council and the recommendation made at meeting of the Leadership Council for Development and Institutional Innovation in Dubai Courts No. 3/2020 dated 14/04/2020, and in support of determined efforts and precautionary measures to ensure the highest levels of health and safety for all Dubai Courts customers, and pursuant to what was been presented to us, and in the best interest of work in the light of corona crisis, we have decided the following,

Dubai Courts Electronic Servives

Article (1)

  1. Lawyers or customers wishing to benefit from court services shall use electronic systems of Dubai Courts Department or log in to smart application system.
  2. A natural person shall register in “Al Salifa” system with a verified user account, through all available registration channels, when submitting any application, order,case or appeal to Dubai courts.

 

Filling Lawsuits, Requests and Amicable Settlements

Article (2)

 

All lawsuits, applications or amicable settlements shall be remotely through law firms or outsourcing offices or via the courts e-system.

Family Guidance and Divorce Certification

Article (3)

 

  1. Family guiance cases shall be filed and divorce certificate shall be established remotely.
  2. Family counsel shall send a WhatsApp message to the parties including the date and time of the session, the documents required to be prepared by each party, and the action according to the legal proceedings.
  3. On the session day, the family conselor shall make a conference call using the office telephone or mobile phone, by entering the phone number of the plaintiff, the defendant and the interpreter if either or both parties are foreigners.

 

 

Marriage Contracts, Certificates and Attestations

 

Article (4)

 

  1. Marriages shall be concluded by legal marriage officers. Legal Marriage officer may use remote communication technology to conclude marriage contracts with the parties, whether in their presence in one real sitting- after obatining the necessary permits- or online through the use of the remote commucnication technology.
  2. In respect of legal certifications and attestations, applications shall be filed and relevant fees ashall be paid remotely. The legal attestation officer shall communicate with the parties and witnesses, check their identity and verify the completion of all required documents, and issue the attestation and send it electronically to the applicant via e-mail.

 

Summons and Details of the Parties

 

Article (5)

 

  1. All Judicial summons, whether at the time of filing cases or notification of judgments or executive deed shall be served by SMS, e-mail or other electronic means.
  2. Data derived from the smart log in account shall be adopted and used to summon the account holder of all petitions, orders, claims and appeals subsequent to the date of the account creation and submitted by or against him, and the same way in no case be denied or refuted.
  3. Data derived from the smart log in account must contain the following: Username, ID number, email address, mobile number, home address, business address (if any), and any other additional information.
  4. Registration departments shall, according to their respective cpmpetence verify the conformity of all data and addresses provided by the applicant with the data and addresses adopted through the smart log in system in respect of all relevant parties, and shall make the necessary corrections therein.
  5. Any lawyer who submits applications for registration on behalf of his/her individual or corporate clients, must provide the Courts Deparment with particulars of his/her client (copy and details of the ID, email address and mobile number in case of individuals and copy and details of the commercial license and office number in case of companies), in addition to his/her details and addresses.

 

 

Case Remote Management

 

Article (6)

 

  1. The Case Department shall follow up the preparation of all cases remotely through video or audio communication technology.
  2. Video or audio commucation technology shall include remote attendance, exchange of documents and issuance of necessary decisions.
  3. Attendances and proceedings shall be recorded in the transcript of hearing.

 

 

Case Remote Consideration

 

Article (7)

 

  1. Remote communication technology shall be used in considering all cases hearings in first instance, appeal and cassation courts, including remote attendance, exchange of documents, hearing witnesses, deliberation, and issuance of decisions and rulings.
  2. Hearing attendance and procedures shall be recorded in transcript of hearing.
  3. Case files shall administratively adjourned in case a litigant fails to remotelty attend hearings for any reason. The same applies to cases referred to experts.
  4. In order to preserve the lights of litigants, no case shall be dismissed even if a litigants fails to electronically attend the hearings, taking into account the current circumtances.

 

 

 

 

 

 

Remote Expertise

Article (8)

  1. Expert appointment order or decision shall be electronically sent from the competent court to Advocates, Experts and Interpreters Affairs Department, and expert fees shall be deposited remotely through the electronic payment portal available on Dubai Courts website.
  2. Advocates, Experts and Interpretaers Affairs Department shall delegate an expert using the electronic system.
  3. The Expert shall accept the assignment through the electronic system and shall review the case file electronically.
  4. If meetings are required with the expert, the expert shall hold the same through the video conferencing system used in court’s circuit or any video conferencing system used at the expert’s office, after iniviting the parties electronically, by sending a link to remote attendance and specifying the time of the meeting, so that the parties can attend the expert meetings via the video conferencing technology by a simple click on such link.
  5. The expert may submit requests to the competent court and file its report through the electronic system.
  6. The expert shall submit a request for disbursement of the expert fees and through the electronic system.

 

Execution and Enforcement of Judgments

Article (9)

  1. All applications shall be submitted abd lawsuits and execution cases shall be filed remotely through law firms, via the electronic case management system (Al Salifa), or by using the smart log in system (smart applications) if filled by the litigants themselves.
  2. Cases and applicants for execution shall be considered remotely through the electronic system of courts and the video communication program. Persons detained in police stations and penitentiary facilities shall be interrogated via video calls.
  3. Applications for paying judged amounts in installments and allowing wanted persons times and applications for attachment in execution files or cancellation of attachment shall be entertained remotely together with travel ban or ban lifting decisions through the direct link to the G.H.Q of Dubai Police.
  4. Execution amounts shall be deposited remotely through (ldhafa) online portal for e-disbursement service into the bank account of the judgment creditor.
  5. Parenting time and visitation orders shall be enforced only (through) online visitation using video communication program of courts or competent entities.

 

Criminal Cases

Article (10)

 

  1. All criminal cases shall be entertained, and detentions shall be extended using remote communication technology.
  2. The defendant’s lawyer may appear with his/her client during trial via remote communication technology.
  3. If the defendant is a foreigner and is not fluent on Arabic, the court shall seek the assistance of an interpreter via the remote interpretation rrom.
  4. Courts shall coordinate with Oublic Prosecution and detention places in respect of remote consideration of crminal cases and extension of detention.

 

Article (11)

All sectors and departments of Dubai Courts shall, according to their respective copmpetences take the technical, material and administrative measures necessary to implement the provisions of this Resolution.

 

 

Article (12)

This Resolution shall come into force on 19/4/2020, shall be circulated among those concerned with its implementation and shall be published on Dubai Courts website.

 

 

 

 

For Dubai Courts President

//signed & stamped//

Dubai Courts

Virtual Courts’ hearings Dubai Courts