Court of Appeal Guide in Saudi Arabia
This guide has been prepared as a reliable and simplified source for understanding the role of the Court of Appeal, its procedures and its jurisdiction, enabling you as a citizen or resident to know your rights if a first-instance judgment has been issued and you wish to object to it. Here we give you a summary of what you need without going into legal complexities.
If you wish to challenge the judicial ruling and are looking to understand the appeal procedures, you can request a general consultation
The Concept of the Court of Appeal
The Court of Appeal is a higher judicial body that falls under the Saudi Ministry of Justice, and hears objections submitted against judgments issued by first-instance courts. It does not re-try the case from the beginning, but reviews the judgment under objection based on the facts and documents submitted, as determined by the Law of Sharia Procedure.
The court’s tasks include reviewing the soundness of procedures, the application of statutory provisions, and guaranteeing the rights of the parties to the dispute in line with justice. It issues its decisions either upholding the judgment or quashing it in part or in whole.
What Cases Are Brought Before the Court of Appeal?
According to the Court of Appeal Guide in Saudi Arabia, this court has jurisdiction to review objections to judgments issued by first-instance courts, provided those judgments are subject to appeal as stipulated by the Law of Sharia Procedure. Cases outside its jurisdiction or submitted after the statutory period has expired do not fall within its competence. The most prominent cases the court hears include:
- Objections to final judgments from the general or criminal courts.
- Commercial disputes in which a first-instance judgment was issued and one of the parties wishes to challenge it.
- Labor cases or financial cases once the claims exceed the statutory limit.
- Personal cases, such as divorce, custody or alimony cases, where they fall within the court's jurisdiction.
- Objections submitted by way of an appeal memorandum within the approved statutory period.
Parties to Cases Before the Court of Appeal
The Court of Appeal Guide is relied upon by anyone against whom a first-instance judgment has been issued in a civil, commercial, labor or criminal case, and who believes there is an error in the judgment or a defect in the procedures. This right is based on the Law of Sharia Procedure in Saudi Arabia, and includes the following categories:
Defendants
Against whom financial or criminal judgments have been issued, and who request a review, reduction or quashing of the judgment.
Claimants
Who did not obtain all their claims in the first-instance judgment, and wish to amend the judicial outcome in their favor.
Partners or contracting parties
In commercial cases, who believe the judgment did not treat them fairly in interpreting or implementing the contract terms.
Employees or employers
In labor disputes, who believe there was a statutory excess in the first-instance judgment.
Legal agents or licensed lawyers
Who undertake pleading and submitting appeal memoranda on behalf of the parties to the dispute.
How Does the Court of Appeal Differ from Other Courts?
The jurisdiction of the Court of Appeal does not include deciding cases from their beginning, but is limited to reviewing judgments issued by lower courts. To understand the difference clearly, the following table helps you distinguish between the role of the Court of Appeal Guide and some other judicial bodies.
| Legal Situation | Competent Court | Additional Notes |
|---|---|---|
| Objecting to a first-instance commercial judgment | Court of Appeal | An appeal memorandum must be submitted within the deadline |
| Filing a commercial lawsuit for the first time | Commercial Court | Hears the substance of the dispute if it is commercial |
| Requesting custody, divorce or alimony | Personal Status Court | Purely personal cases do not fall within its jurisdiction |
| Submitting a request to enforce a financial judgment | Enforcement Court | After the judgment is issued and becomes final |
| Appealing an appellate judgment | Supreme Court | Under very strict conditions through the cassation route |
Legal Warnings Before Filing an Appeal
Before filing an appeal memorandum before the Court of Appeal, it is important to pay attention to a number of statutory controls that may affect whether the request is accepted or formally rejected in terms of form or time limit. Ignoring these requirements may lead to forfeiture of the right to appeal or prolong the dispute. Here are the most prominent points to observe according to the Law of Sharia Procedure:
- Appealability of the judgment: You must make sure that the judgment issued is a first-instance and non-final judgment, and falls within the judgments that can be challenged under the regulation.
- Statutory period for objection: The appeal memorandum must be submitted within the specified period, which is often 30 days from the date of notification of the judgment, or less in urgent cases.
- Completeness of the appeal memorandum: The memorandum must include all the parties' details, the judgment number, the grounds for objection, and the requests, clearly and in an organized manner.
- Attaching supporting documents: It is essential to attach clear copies of the documents that support the objection, such as contracts, bank transfers or official minutes.
- Accurately identifying the other party's details: The absence of information such as the ID number or the defendant's correct address may make notification impossible, and therefore delay or reject the hearing of the objection.
Not sure whether the judgment can be appealed or how to draft your appeal memorandum? You can request a general legal consultation now via WhatsApp
Judicial Examples from the Court of Appeal
To understand how the Court of Appeal works in practice, we present two realistic cases that show how objections to judicial rulings are heard, the nature of the documents required, and the steps for issuing the final decision. These examples are drawn from facts similar to what is usually brought before the court.
Case: Objection to a commercial judgment
Company (A) received a first-instance judgment obliging it to pay a sum of money to Company (B) on the claim of breach of a supply contract.
The objecting company attached to its memorandum copies of the exchanged emails, and legal notes showing that it had performed what was agreed.
The objection was registered electronically through the Najiz portal, with the other party’s details accurately specified.
After the Court of Appeal reviewed the documents, two hearings were held to hear the parties’ defenses.
The court issued a judgment partially quashing the decision and amending the awarded amount in proportion to the evidence submitted.
Case: Objection in a labor case
An expatriate worker filed a first-instance claim demanding end-of-service entitlements, but the court rejected his claim.
The worker submitted an objection through his lawyer, attaching a copy of the employment contract, the salary statement, attendance and departure records, and dismissal letters.
The objection was received within the specified deadline and registered electronically, specifying the number of the judgment under appeal.
The Court of Appeal studied the file and held three consecutive hearings to decide the case.
The court concluded by quashing the first-instance judgment, obliging the employer to pay the entitlements based on the statutory evidence.
Frequently Asked Questions About the Court of Appeal
What is the Court of Appeal and what is its jurisdiction?
The Court of Appeal is a judicial body that reviews judgments issued by first-instance courts if a statutory objection is filed against them. It has jurisdiction to examine the soundness of judgments and the correctness of procedures, and to issue decisions upholding, quashing or amending them.
What are the conditions for filing an appeal in Saudi Arabia?
To file an appeal, the following must be observed:
- The judgment must be first-instance and non-final.
- The objection must be submitted within the legal period.
- The appeal memorandum must contain clear statutory grounds.
- It must be accompanied by supporting documents such as contracts or receipts.
How long does the Court of Appeal take to hear a case?
The period varies depending on the type of case, but it often ranges between 30 and 90 days. The speed of the decision depends on factors such as the number of hearings, the parties’ responsiveness, and the completion of the required papers.
What is the difference between appeal and reconsideration?
- Appeal: filed within a specified period to a higher court and aims to review the judgment.
- Reconsideration: filed in very rare cases such as the emergence of a new document or forgery, and has stricter conditions.
Is a lawyer required to file an appeal?
A lawyer is not required, but it is preferable to use a specialized lawyer to avoid formal or legal errors that may lead to the rejection of the objection.
What is the legal period for appeal?
In most cases, the legal period is 30 days from the date of notification of the judgment. But in some urgent cases, it may be reduced to 10 days depending on the nature of the case and the judicial body.
What happens if someone is late in filing the appeal request?
- The judgment is considered final and not subject to challenge.
- A late objection is accepted only in very rare cases.
- A documented legitimate excuse is required for it to be accepted outside the period.
How do I follow my case in the Court of Appeal electronically?
To follow your case:
- Log in to the Ministry of Justice’s “Najiz” platform.
- Use the ID number or case number.
- The details of hearings, notes and decisions will appear to you in an updated manner.
What is the difference between an appeal memorandum and a challenge to the judgment?
An appeal memorandum is a legal document submitted to the Court of Appeal that contains the grounds for objection. A challenge is a general term that includes all legal means of objection, including appeal, cassation and reconsideration.
What is the Court of Appeal guide in Saudi Arabia?
The Court of Appeal guide is a set of rules and procedures that explains how to file an appeal before the Court of Appeal in the Kingdom of Saudi Arabia. This guide includes information on the legal requirements, the procedures to be followed, and the relevant judicial rulings. The guide helps lawyers and legal advisors understand the procedures correctly to ensure that cases proceed efficiently.
How can I access the Court of Appeal guide?
The Court of Appeal guide in Saudi Arabia can be accessed in several ways:
- Visiting the official website of the Saudi Ministry of Justice.
- Contacting a lawyer specialized in appeal cases to obtain copies of the available guides.
- Visiting the competent courts that provide the necessary guidance.
What are the basic steps for filing an appeal in the Court of Appeal?
To file an appeal before the Court of Appeal in the Kingdom of Saudi Arabia, the following steps must be followed:
- Prepare the appeal request: The request must be written and submitted in accordance with local laws.
- Review the laws related to the case: Make sure there are acceptable legal grounds for the appeal.
- Pay the legal fees: Pay all the fees required to complete the appeal process.
Submit the papers and documents: Submit all the documents required to support the request.
What cases can be appealed in the Court of Appeal?
The Court of Appeal in Saudi Arabia accepts the following cases:
- Criminal cases.
- Commercial cases.
- Civil cases.
- Administrative cases.
- Arbitration-related cases.
Are there specific deadlines for filing an appeal?
Yes, there are legal deadlines that must be observed for filing an appeal in the Court of Appeal:
- The appeal must be filed within 30 days from the date the judgment is issued in criminal cases.
- In civil cases, the period may vary depending on the type of case, but it usually does not exceed 30 days from the issuance of the judgment.
In some cases it may not be clear whether the judgment can be appealed or whether the statutory deadline has been respected. An objection may be rejected in form if the legal conditions are not met or if it is submitted to a body that lacks jurisdiction.
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