Resolution No. (33) of 2020
Dubai Courts, Dubai, Court President
Date of Issuance : 25 Shaaban 1441Hijri
Corresponding to : April 18, 2020
Government of 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 Emirate of Dubai; Federal Law No. 1 0 of 1992 on the Issuance of the Evidence Act for Civil and Commercial Transactions; Federal Law No. ( 1) of 2006 on Electronic Commerce and Transactions 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 for Organizing the Remote Litigation usi ng 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 the 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 has 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 Services
- Lawyersor customers wishing to benefit from court services shall use electronic systems of Dubai Courts Department of log to smart application system
- A natural person shall register in “AI Salifa” system with a verified user account, through all available registration channels, when submitting any application, order , case or appeal to Dubai courts.
Filing Lawsuits, Requests and Amicable Settlements
All lawsuits, applications or amicable settlements shall be filed remotely through law firms or outsourcing offices or via the courts e-system.
Family Guidance and Divorce Certification Article (3)
- Family guidance cases shall be filed and divorce certification shall be established remotely.
- 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.
- On the session day, the family counselor 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
- 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 obtaining the necessary permits – or online through the use of remote communication technology .
- In respect of legal certifications and attestations, applications shall be filed and relevant fees shall 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
- All judicial summons, whether at the time of filing cases or notification of judgments or executive deeds shall be se rved by SMS, e-mail, or other electronic means.
- Data derived from the smart login 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 may in no case be denied or refuted.
- Data derived from the smart login account must contain the following : Username , ID number, email address, mobile number, home address, business address (if any), and any other additional information.
- Registration departments shall, according to their respective competence verify the conformity of all data and addresses pro vided by the applicant with data and addresses adopted through the smart login system in respect of all relevant parties, and shall make the necessary corrections therein.
- Any lawyer who submits applications for registration on behalf of his/her individual or corporate clients, must provide the Courts Department with particulars of his/her client (copy and details of the ID, email address and mobile number in case of individualsand 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 Article (6)
- The Case Department shall follow up the preparation of all cases remotely through video or audio communication technology.
- Video or audio communication technology shall include remote attendance, exchange of documents and issuance of necessary decisions.
- Attendances and proceedings shall be recorded in the transcript of hearing.
Case Remote Consideration Article (7)
- 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.
- Hearing attendance and procedures shall be recorded in transcript of hearing.
- Case files shall be administratively adjourned in case a litigant fails to motely attend hearings for any reason. The same applies to cases referred to experts.
- In order to preserve the rights of litigants, no case shall be dismissed even if a litigant fails to electronically attend the hearings, taking into account the current circumstances.
Remote Expertise Article (8)
- 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.
- Advocates, Experts and Interpreters Affairs Department shall delegate an expert using the electronic system.
- The Expert shall accept the assignment through the electronic system and shall review the case file electronically.
- 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 inviting 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 technologyby a simple click on such link.
- The expert may submit requests to the competent court and file its report through the electronic system.
- The expert shall submit request for disbursement of the expert fees through the electronic system.
Execution and Enforcement of Judgments Article (9)
- Cases and applications 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.
- Applicationsfor paying judged amounts in instalments 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.
- Execution amounts shall be deposited remotely through (ldhafa) online portal fore-disbursement service into the bank account of the judgment creditor.
- Parenting time and visitation orders shall be enforced only (through) online visitation using video communication program of courts or
Criminal Cases Article (10)
- All criminal cases shall be entertained, and detentions shall be extended using remote communication technology.
- The defendant’s lawyer may appear with his/her client during trial via remote communication technology.
- If the defendant is a foreigner and is not fluent in Arabic, the court shall seek the assistance of an interpreter via the remote interpretation room.Courts shall coordinate with Public Prosecution and detention places in respect of remote consideration of criminal cases and extension of detention .
All sectors and departments of Dubai Courts shall, according to their respective competences take the technical, material and administrative measures necessary to implement the provisions of this Resolution.
This Resolution shall come into force on 19I4/2020, 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