FREQUENTLY ASKED QUESTION ON LITIGATION PROCEDURES

Transcription

1 33 FREQUENTLY ASKED QUESTION 2014

2 FREQUENTLY ASKED QUESTION 1. What is the procedure for a person who wants to attain a true copy of their passport? This procedure in outside the Courts jurisdiction, the General Directorate of Residency and Foreign Affairs is responsible for such an application. 2. In of Power of Attorney cancellation, should the agent be notified? Yes. 3. Can an Acknowledgment of Unemployment for individual with no identification documents (Bedoun) be attested at the Notary Public? Yes, but the authority requiring the acknowledgment must be mentioned. 4. Can embassies act as agents for their citizens in filing case at Dubai Courts? Yes, if they have an attested Power of Attorney.

3 33 5. Can debt acknowledgments among individuals be attested? Can a judicial warning be made, in case the debtor does not pay the amount mentioned in the debt acknowledgment? Yes. 6. Can a judicial warning be attested, if the debtor does not pay the amount mentioned in the debt acknowledgment? Yes. 7. Can a criminal case be filed if a debt acknowledgment is present? No. 8. What is the fee for Summary cases? AED What are the requirements for attesting contracts? Contracts, instruments and documents multiple copies

4 FREQUENTLY ASKED QUESTION typed in Arabic; Related persons or their agents or representatives must be present; Original and a copy of UAE identity card Payment of legal fees 10. What are the requirements for attesting Sale contracts and their annexes? Contracts, instruments and documents typed in Arabic; Related persons or their agents or representatives must be present; Original and a copy of UAE identity card Initial approval for selling and the amendment annexes for certain commercial activities. Originals and copies of the license and a list of partners Originals and copies of Articles of Incorporation and original annexes Payment of legal fees 11. What are the requirements for attesting Powers of Attorney? Multiple copies of the Power of Attorney typed in Arabic Presence of related persons or their agents or representatives Original and a copy of UAE identity card Originals and copies of the documents indicating capacity 12. What are the requirements for attesting Commercial and Civil Company contracts? Presence of the parties to the contract or their legal representatives Multiple copies of the company contract Present identification documents of the company individuals (ID cards and passports of residents) Payment of legal fees Legally approved translation of the contract, if written in a foreign language.

5 What are the requirements of Inheritance Power of Attorney? Originals and copies of limitation of succession. ID card of the national and resident agents or passports of non-residents. If there are minors or legally incompetent individuals, present their passport copies and approval of the relevant authority. If the minor had reached the age of maturity/age of discretion, present a copy of the Proof of Full age application. 14. What are the requirements of attesting acknowledgments? Multiple copies of the acknowledgment written in Arabic. Presence of applicant or their representative ID card of the national and resident applicant or passports of resident applicant. Originals and copies of the documents indicating capacity

6 FREQUENTLY ASKED QUESTION 15. What are the requirements of attesting company minutes of meeting? Multiple copies of the minutes of meeting in Arabic Related persons or their agents or representatives must be present; Original and a copy of UAE identity card Originals and copies of partnership contract and a list of partners. 16. What are the requirements for attesting marriage contracts issued from authorized churches in Dubai? Two original copies of the Marriage document. Passport copies of the husband and wife. Legally approved translation of the contract. 17. How can the dates on private instruments be affirmed? Application of affirming a date prepared in Arabic. Submit original and copy(s) of the private instrument. Presenting the original and copy of personal identification documents. 18. What are the requirements of attesting translation of a document issued outside the country in a foreign language? Ministry of Justice issued license and a copy thereof. The Arabic translation of the foreign document attested by the UAE Foreign Ministry 19. What are the requirements for attesting judicial warnings? The judicial warning typed in Arabic. Specifying the address of the warned party. Presence of the warning party, or their agent in person. Presenting the original and copy of personal identification documents.

7 How can a true copy of a document attested at the Notary Public be obtained? Presenting an application for a true copy signed by one of the litigants. Presence of the applicant or their agent to receive the true copy. Presenting the original and copy of personal identification documents. 21. If a person has a labour case and a judgment has been issued, when may a labour judgment be executed? If the value of the labour claim is less than AED 20,000, the judgment may be executed at once, in the presence of the defendant. However, if the defendant is not present, execution takes place once the defendant is notified. If the value of the claim is more than AED 20,000, execution takes place after 30 days (legal appeal period) from the date of notification. 22. Can a person with dual nationality attain certification that they are citizens of either of those countries? Such a certification is not under Dubai Courts jurisdiction. 23. Is the application to change clan/tribe sent to the General Directorate of Residency and Foreign Affairs by the applicant? No, it sent through the Incoming and Outgoing Mail Section at Dubai Courts. 24. With regard to the cheques presented to Dubai Courts, should the cheques be written for the person receiving the amount? No, the cheque must be issued for Dubai Courts. 25. Can case fees be paid with a Visa Card? No.

8 FREQUENTLY ASKED QUESTION 26. Can an acknowledgment of employment be attested at the Notary Public? An acknowledgment of employment cannot be attested. 27. How can the passport of one sponsor be exchanged with another, is there an application for it? Yes, there is an application for it and it also requires the approval of a judge. 28. What is the fee for a Bankruptcy case filed by the debtor? AED What is the fee for Summary Appeal cases? AED What are the requirements for Summary cases? Submitting the statement of claim or application by the plaintiff or their representative, in compliance with Article (42) of the Civil Procedures Law (11/1992); and must include the full names of the plaintiff and defendant and their addresses, the facts of the case and their demands. Extra copies of the statement of claim in case of multiple

9 33 adversaries must be provided. Submitting documents supporting the claim or application with extra copies for multiple adversaries. Submitting the attested Power of Attorney or documents indicating legal representation. Payment of legal fees. 31. What are the procedures for execution complications? Submitting the complication petition in Arabic and must include the following: It must include the reasons for the complication. It must comprise of the original copy and copies for the number of adversaries. Documents supporting the complication must be typed in Arabic and for the number of adversaries. The applicant may mention the complications to the execution officer at the time of applying for attachment procedures or during the attachment procedure. Submit the attested Power of Attorney or documents indicating legal representation. Presence of the applicant, his representative or legal guardian, custodian, trustee, the owner of an or the manager of the company. 32. What are the requirements for deputations and referrals? Presenting the deputation letter to the Chief Justice of the Court of First Instance for consideration and decision taking. Letter reference number from the Incoming and Outgoing Mail Section and transferring it to the specialized section. Registering the deputation file at the Execution Section Presenting the deputation file before the specialized execution judge. Executing the procedure order by the execution judge.

10 FREQUENTLY ASKED QUESTION Notification the deputizing court of any procedures made in the execution of the deputation. 33. What are the procedures for wavering rights to land means of transport (cars, bicycles)? Wavering does not take place the Notary Public but at the RTA. 34. How does long it take for the execution of civil cases to take place? If the value of the civil claim is less than AED 20,000, the judgment may be executed at once, in the presence of the defendant. However, if the defendant is not present, execution takes place once the defendant is notified. If the value of the claim is more than AED 20,000, execution takes place after 30 days (legal appeal period) from the date of notification. 35. What is the procedure for cancelling a Power of Attorney? Submitting the original Power of Attorney Presenting multiple copies of a Judicial warning for cancellation of Power of Attorney typed in Arabic. Presenting a copy of the national and resident applicant s UAE ID or passport copy of a non-resident applicant. 36. What are the requirements for an order upon petition? Presence of the petitioner, his representative or legal guardian, custodian, trustee, the owner of an organization or the manager of the company. Submit the attested Power of Attorney or documents indicating legal representation. Prepare multiple copies of the petition in Arabic containing data on the type of petition, names of litigants, their capacities, addresses and details of the petitioner s demands.

11 33 Documents supporting the petition. If the documents are issued from outside the country in a foreign language, they must be legally translated. Payment of legal fees. 37. What are the requirements of Precautionary Attachment? Submitting the statement of claim or application by the plaintiff or their representative and must include the full names of the plaintiff and defendant and their addresses, the facts of the case and their demands. Submitting application documents in a folder along with their legal translation to Arabic if originals were written in a foreign language. Presenting a copy of the national and resident applicants UAE ID or passport copy of a non-resident applicant. Submitting malfunction and damages warranty The petition must include sufficient information on the movable assets, vessels, cars or airplanes to be attached with the purpose of attachment. Submitting the attested Power of Attorney or documents indicating legal representation. Payment of legal fees.

12 FREQUENTLY ASKED QUESTION 38. What are the requirements for filing a grievance against an order upon petition? A grievance must be submitted in compliance with Article (42) of the Civil Procedures Law (11/1992); and must include the full names of the plaintiff and defendant and their addresses, the facts of the case and their demands. Extra copies must be provided in case of multiple adversaries. Submit documents that support the grievance with copies for the number of defendants along with a copy of the contested decision. Payment of legal fees. 39. What are the requirements of attesting a judicial warning for a defendant who is outside the country? Multiple copies of the judicial warning typed in Arabic. Presenting a copy of the national and resident applicant s UAE ID or passport copy of a non-resident applicant. Payment of legal fees. If the judicial warning was written in a foreign language, it must be legally translated by an approved translator. The defendant is informed by the applicant after he takes responsibility of informing the defendant of the warning. If the defendant resides in Dubai, then they are informed by the Notification Section at Dubai Courts. If the defendant resides in another emirate, then they are informed by the Summons Section in their respective emirate. 40. What are the requirements for man who wants a personal POA for his brother to making any dealings with his car during his visit? Submitting multiple copies of a POA document typed in Arabic. Presenting UAE ID. Presenting original and copy of the car registration.

13 What is contestation fee for (Civil Commercial Real Estate Labour Personal Status) cases? Contestation fee (AED 500) + Insurance (AED1000) + (AED 200) in case of suspension of judgment application. 42. What is contestation fee for Labor cases filed by the laborer? A laborer is exempted from the fees. 43. What is the fee for petition to reconsider contestation decision? Half the contestation fee + (AED 500) insurance fee + (AED 200) in cases of a suspension of judgment application. 44. What is the fee for permission to sell transferred or mortgaged property? 1% of the mortgaged value of the property in question with a minimum of ( AED 10) and a maximum of ( AED 5000) 45. What is the fee for every complication following the first complication? AED What is the fee for excluding a non-national partner lawsuit, in case of multiple partners in the company? The partner s share value x 7.5% 47. What is the fee for Labor Action filed by employer arising from the work contract? 5% of the total claim amount, not exceeding AED 30, What are the fees for Personal status suits for Muslims and Non-Muslims (Divorce Custody Delivering Passport Delayed Dowry Visitation Receiving Document Originals)? AED 100

14 FREQUENTLY ASKED QUESTION 49. What is the fee for Alimony suits (Children alimony - Matrimonial alimony- One time Accommodation alimony Custody wage Maid wage Driver wage Furniture allowance Payment of bills)? AED What is the fee for Limitation of Succession certification for non-muslims? AED What is the fee for including or excluding a heir for Muslims and non-muslims? AED What is the execution fee for Civil, Commercial, Real Estate, Labour, and Summary Actions? 1% of total execution amount with a minimum of (AED 10) and a maximum of (AED 5000). The laborer is exempted of any fees. 53. What is the fee for depositing money, securities and jewelry? AED What are the documents required for registering a case file? Submitting the original and copy of the statement of claim in Arabic and must include the full names of the plaintiff and defendant and their addresses, the facts of the case and their demands. Presenting a copy of the national and resident applicants UAE ID or passport copy of a non- resident applicant. Submitting documents indicating legal capacity of the applicant or their representation. Documents supporting the claim. If the documents are issued from outside the country in a foreign language, they

15 33 must be legally translated and attested from the relevant authorities. 55. What are the documents required specifically for registering a labor, real estate and personal status case? Labor cases: Referral letter of labor complaint from Ministry of Labor. Real Estate cases (Projects): Inquiry letter about Real Estate activities from Dubai Lands Department. Personal Status cases: Original referral letter from the Family Guidance Section, except for Proof Claims (Proof of Divorce Proof of Marriage Proof of Linage, etc) 56. What are the execution requirements for Civil, Commercial, Real Estate, Labour and Personal Status cases? Submitting multiple copies and the original execution petition in Arabic inclusive of: Name of the petitioner and the name defendants according to the judgment, their addresses, the executed right, demands of the petitioner. Submitting of the stamped execution bond in the legal form. Presenting a copy of the national and resident applicants UAE ID or passport copy of a non- resident applicant. Submitting the documents proving legal capacity of the petitioner. Fees: 1% of the total amount. The laborer is exempted of any fees. AED 150 for undetermined value applications. AED 20 for undetermined value for Personal Status execution. Minimum fee of ( AED 10) and a maximum of ( AED 5000)

16 FREQUENTLY ASKED QUESTION 57. What are the Appeal requirements for Civil, Commercial, Real Estate, Labor and Personal Status case? Submitting multiple copies and the original Appeal statement in Arabic inclusive of: Names of the litigants, their addresses, summary of the Appeal judgment, reason, and closing demands. Presenting a copy of the national and resident appellant s UAE ID or passport of a non-resident applicant. Submitting the document proving legal capacity of the appellant. Submitting the documents supporting appeal demands Copy of the Preliminary judgment or summary of the case. Fees: 1/5 of the First Instance fee with a minimum of (AED 10) and a maximum of (AED 6000) AED 150 for undetermined value applications The laborer is exempted of any fees. Appeal by the employer amounts to 1/5 of the First Instance fee AED 200 in cases of a suspension of judgment 58. What are the Contestation requirements for Civil, Commercial, Real Estate, Labour and Personal Status? Submitting multiple copies and the original Contestation statement in Arabic inclusive of: Names of the litigants, their addresses, summary of the Contested judgment, reason, and demands. Power of Attorney by which the lawyer commences the contestation. Copy of the Preliminary judgment and Appeal judgment Submitting the documents supporting contestation demands Submit five copies of the statement of contestation, a copy of the Preliminary judgment, copy of the appeal judgment in the contestation file, additional copies for the litigants.

17 33 Fees: The laborer is exempted of any fees Contestation fee AED 500 Insurance (1000) AED 200 in cases of a suspension of judgment 59. What is the procedure for an individual wants to attest a POA for his son at the Notary Public, but cannot do so due to health conditions? The son can apply for a transfer of Notary Public at his sick father s house, if that house is located in Dubai. The transfer fee is AED Can person on a visit (transit) to the country authorize someone before the Notary Public? Yes. 61. What are the requirements for inquiring about whether a car is attached at the Courts or not? Submit an inquiry application stating the plate number and a copy of the car registration if available. 62. What are the requirements for changing the first name? The applicant must be a UAE national with a passport issued from Dubai. Submitting an application of changing a name at the Personal Status Services Section and a fee of AED What are the requirements for inquiring about whether a passport is attached at the Courts or not? Presenting a letter from the Police directed to Dubai Courts. 64. Can a minor s guardian assign another guardian? No.

18 FREQUENTLY ASKED QUESTION 65. Can a POA be handwritten? No, it must be typed. 66. What are the official working hours at the Notary Public s main branch? The official working hours are 7:30 am to 2:30 pm, Sunday to Thursday. 67. What are the durations for delivering judicial warnings? Notification by summoners takes one week. Notification through the Incoming and Outgoing Section takes one month. 68. What is the fee for judicial warning attestation? AED Is there an expiration date on the POA? No, unless issued for a limited period. 70. Can a person in prison authorize someone in his place at the Notary Public? Yes, but the prison must be addressed and then he is referred to the Notary Public. 71. Is there a Notary Public transfer fee? Yes, AED100 in addition to the application fee. 72. Which authority is responsible for attesting an unemployment acknowledgment? The Notary Public. 73. Which authority is responsible for issuing social status certification? Personal Status Services Section.

19 What are the requirements for attesting acknowledgment of debt at the Notary Public? Submitting multiple copies of the acknowledgment typed in Arabic. Presenting a copy of the national and resident applicant s UAE ID or passport of a non-resident applicant. Payment of legal fee. 75. What are the requirements of attesting an instrument of withdrawal of a partner, selling his share and replacing him with another buyer? Present multiple copies of the instrument typed in Arabic. Submit copies of personal identification of the party to the instrument Submit a copy of the company Articles of Incorporation Submit a copy of company license and commercial registration number. Payment of legal fee. 76. Can a signature for specific authorities be authorized at the Notary Public? Yes, multiple copies of the signature authentication instrument must be submitted in Arabic, along with the UAE ID or any other documents required for the application. 77. What is the procedure for attesting work contracts (house maids, personal drivers, etc.)? Present multiple copies of the contract in Arabic. If the contract is in a foreign language, it must be translated legally by an approved translator. Submit a copy of employer s ID 78. What are the requirements for Sponsoring and supporting a foundling? Submitting a no objection letter from the Public Prosecution Presence of the applicant along with her Identity card and two witnesses.

20 FREQUENTLY ASKED QUESTION The applicant must choose only a first name for the child and court will complete the name of the child and of his mother. 79. What are the requirements for a certificate that that two names are given to the same person? Presence of the applicant with their UAE passport issued from Dubai or their representative and two witnesses. Submitting copies of documents indicating that two names are given to the same person. The electronic services on Dubai Courts website can also be useful. For more information call: /