How to File a Civil Case in the UAE: Step-by-Step Legal Guide
Civil cases are common disputes we encounter in daily life. Basic understanding of what is considered a civil case and what is not is crucial for filing a case. One must know the steps, documents to provide, common mistakes, and aftermath of filing a civil case in UAE. Here is a step-by-step legal guide for filing one.
What is a civil case in UAE?
Civil case in UAE are non-criminal legal dispute between individuals, organizations, or businesses and entities. Civil Transactions Law (Federal Law No. 5 of 1985) regulates civil cases, trying to resolve it between the parties without the government prosecuting any. Personal disputes, contract breaches, property disputes, compensation for damages, disputes between business partners, and personal injury are covered under this.
Any individual (citizen or expatriate), legal entity like a company, or even non-resident with a legitimate dispute can file a civil case in UAE.
Pre-Filing Requirements in a Civil Case
Civil cases in UAE are filed through the portal of the particular emirate. Generally, cases can be filed in the emirate where the defendant resides or works, where the agreement was made or where the contract should have been performed. To determine this, you can seek assistance from a civil lawyer in UAE.
Civil case procedures also include alternative dispute resolution methods like mediation and conciliation. Before directly filing a case, one should consider these options to settle disputes amicably. If an amicable solution is not possible, then you can proceed with filing the case.
Step-by-step process to file a civil case in the UAE
Now, let us look at how to file a civil case in the UAE. To file the case, the plaintiff must submit a statement of claim, identification documents, power of attorney (only if a lawyer is acting on behalf of the plaintiff), and supporting documents through the court’s portal. The statement of claim includes an overview of the dispute and claims along with details such as the plaintiff’s and defendant’s personal information, date of submission, and signature. Documents must be in Arabic or translated to Arabic by a legal translator.
So the steps of filing a civil case can be drawn as follows:
- Determining the jurisdiction
- Mediation or conciliation
- Preparing the necessary documents
- Filing a case and paying fees
- Service of process
- First hearing and further proceedings
What happens after filing a civil case
After the plaintiff filing the case, the defendant can respond and must submit a plea. The court will schedule a hearing, where both parties can present their claims. Completion of the hearings will be followed by a judgment within 90-120 days. If any of the parties find the judgment dissatisfactory, an appeal can be filed within 30 days. A final ruling will then be announced and enforced.
Common mistakes to avoid when filing a civil case
One must be attentive and well aware of the processes to prevent possible mistakes while filing a civil case in UAE. Some mistakes include:
- Missing deadlines
- Failure in protecting the evidence
- Choosing the wrong jurisdiction
- Not seeking professional help
- Vague or incomplete complaints
These mistakes can be avoided easily with a deep understanding of the matter of concern and expert legal advice.
Why you need a lawyer to file a civil case in the UAE
Filing a civil case in UAE without a lawyer can be hard to navigate because of limited knowledge about various legal procedures. A lawyer’s expertise can help you in filing the case accurately and timely. A lawyer can help professionally in:
- Representing you in the court
- Helping with the language
- Dealing with the complexity and meeting deadlines
- Expert advice based on the case
- Documentation and preservation of evidence
You can choose trusted legal firms in Dubai, offering the service of the best lawyers in Dubai.
How UCA Legal can help with civil case filing
UCA Legal is led by UC Abdulla, a legal consultant in UAE with over 29 years of experience. UCA Legal assists with free case evaluation, finding suitable lawyers, and other legal services. In filing a civil case, UCA Legal can provide legal solutions tailored to your needs. If you are trying to file a civil case in Dubai or looking for a civil litigation lawyer in Sharjah, UCA Legal can be of assistance. And, if you are looking for an Indian advocate in Dubai, UCA Legal offers the best support.
Filing a civil case in UAE may feel complicated. With proper understanding and expert advice, you can file a case effectively.
FAQs
What are the documents required for filing a civil case in UAE
A formal statement of claim, supporting evidence, identification documents, and power of attorney (all in Arabic or officially translated to Arabic).
How much is the fee required to file a civil case in UAE
It can generally range from 2% to 6% of the total claim value.
How long will it take for the judgement?
Generally, civil case judgments take 90-120 days and may extend to 6-12 months based on the complexity.
Can someone outside UAE file a case?
Yes. With legal representation and power of attorney, complainants outside the country can file civil cases.
Is representation by a lawyer compulsory?
You can file cases personally; it is recommended to seek assistance from a lawyer.
