Methods of Objecting to Judgements: A Comprehensive Overview

The defendant, the plaintiff, or any other party involved in a lawsuit has the right to object to the judgements issued by the courts. This right is granted in accordance with the regulations and conditions stipulated in the system of Sharia litigation and the judiciary. The methods of objection vary according to the type of judgement and the level of the court that issued it. In this article, we will provide a brief overview of the most important of these methods and the latest amendments to the appeal procedures for judicial judgements in the Kingdom.

There are several ways to contest judicial rulings in the Kingdom, depending on the type of case and the stage at which the judgment was issued. Here, we will highlight the main methods of objecting to judicial judgments:

Appeal: This right is given by law to the party harmed by a first-degree judgment, allowing them to ask a higher court to review the judgment and issue a new one that is in line with Sharia law and the system. An appeal must be submitted within no more than 30 days from the date of the judgment or notification thereof, and 10 days in urgent matters.

Cassation: This right is given by law to the party harmed by a final appeal judgment, allowing them to ask the Supreme Court to review the judgment and cancel, affirm, or modify it. A cassation request must be submitted within no more than 60 days from the date of the judgment or notification thereof.

Request for Reconsideration: This right is given by law to the party harmed by a final judgment that does not accept cassation, allowing them to ask the court that issued the judgment to reconsider it based on new evidence or a serious error in application or interpretation. A request for reconsideration must be submitted within no more than one year from the date of the judgment or notification thereof.

Petition for Grievance: This right is given by law to anyone harmed by an administrative decision issued by a judicial body, allowing them to ask this body to review its decision and correct or cancel it. A petition for grievance must be submitted within no more than 30 days from the date of the decision or notification thereof.

However, the applicant for any of these methods must prove their legitimate interest in it, pay the prescribed litigation fees, and meet the requirements and papers of each method separately.

It should be noted that the procedures for appealing judicial judgments in the Kingdom have been amended to facilitate the litigants’ right to request a reconsideration of decisions issued against them. According to the new procedures, the litigant can submit an appeal request, as we mentioned, within no more than thirty days from the date of the judgment or notification thereof. In addition to this, a copy of the appealed judgment, reasons for the appeal, and the evidence relied upon should be attached to the request. The prescribed appeal fees should also be paid.

From here, the Appeals Council takes responsibility for studying the appeal requests and issuing its decision to accept, reject, or refer them to another competent court. The Council may request the litigant, the opponent, or any related party to provide what it deems necessary to clarify the facts or prove the claims. The Council must issue its decision within a period not exceeding six months from the date of submitting the appeal request; otherwise, the request is considered accepted. The decision of the Appeals Council is final, and it is not permissible to challenge it by any legal means.