100 Questions and Answers about Litigation

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100 Questions and Answers

about Litigation Proceedings

Serial No.

31

1-How long does it takes for a decision in a labor case to be executed?

- one week after the date on which the decision is made.

2. How can a woman execute a POA to appoint her husband as her agent?

- She has to go to the division of personal status services, with her legal guardian to transact the POA. She shall have her passport

(or ID for nationals), or a marriage agency endorsed by her legal guardian if he is outside the UAE.

3. How can an Egyptian woman obtain a certificate for verification of absence?

She shall print the relevant application and bring a personal status claim at the division of registration, under the name of “verification of absence”.

4. Is a true copy of the passport required for those living outside the UAE?

This is irrelevant to the jurisdiction of the court. A person shall endorse the copy from the General Directorate of Residency and Foreigners Affairs, and the Ministry of Foreign Affairs.

5. In case a POA is cancelled, shall the agent be notified?

For a POA to be cancelled, the following documents are required:

A copy of the POA, if any.

ID for nationals

Notary public of the Department of Economic Development: the principal shall sign an acknowledgement to notify the agent.

Notary Public of Tawar office: The agent shall be notified through a minute.

6. Are there any payable fees if the notary public moves to the place of residence to complete the transaction? Do they apply also to VIPs?

Only AED 100 shall be paid in case the notary public has to visit patients in hospitals and disabled people in their houses, after the medical report is provided and the woman serving her waiting period. In other cases, the same fee applies to sheikhs in Dubai,

ministers, directors of governmental departments in Dubai, and the renowned public figures. The jurisdiction is limited to the Emir ate of Dubai.

7. Shall people with no ID obtain a non-work certificate from the Notary Public?

Yes, a non-work acknowledgement may be endorsed for those who have no ID, provided that the authority requiring such an acknowledgement be specified.

8. May the Tunisian consulate in the UAE approve a

POA from a Tunisian national to open a case and review the same issue in courts? May the courts accept that?

Yes, courts accept that the consulate acts as an agent in a case.

9. Shall a father obtain an NOC for his son to hold the UAE nationality at the Notary Public’s office?

An NOC is issued by the department of personal status. However, if the mother is non-national, the NOC shall be issued by the Notary Public.

10. What are the services provided by the Notary

Public at the head office and the different offices

(Barsha, Tawar, and the Department of Economic

Development)?

The head office endorses judicial warnings for attorneys, endors es POAs in cases for attorneys if the case is scheduled to be reviewed on the same day, endorses assignments of cases and actions reviewed by the public prosecution, courts or police centers, and transports officials to Rashid hospital and nearby areas. Other branches, however, provide all the abovementioned services and make all other endorsements approved by the Notary Public.

11. May a statement of indebtedness be executed to document the debts payable by persons? May a judicial warning be issued if the other party fails to make the relevant payment?

Yes

12. May a penal claim be instituted in case there is a statement of indebtedness?

No, but a civil claim may be made instead.

13. What are the costs and fees of civil and commercial claims ?

If the value of claim is less than AED 100 (one hundred dirhams), or does not include an application of no estimated value, then it is a summary claim.

If the value of claim exceeds AED 100, or includes an application of no estimated value, then it is a total-bench claim. A fee of 7.5 of the value of claim shall be paid. For claims with no estimated value, AED 750 shall be paid (e.g. the appointment of expert, restoration of passport, cancellation of a trade mark). Summary claims require AED 500. Minimum fees are AED 10 and maximum fees are AED 30,000.

14. When shall hearings be scheduled?

Hearings are scheduled according to the address of the defendant; if it resides within the Emirate, then a hearing shall be scheduled within 10- 20 days. However, if the defendant is domiciled outside the Emirate, and there is a notification for a public authority in Dubai, then the hearing shall be scheduled within 15- 30 days.

If the defendant lives in another, Arab or neighboring, country, the hearing shall be scheduled after 3 months. For relatively distant countries, a period of 6 months shall be allowed.

15. What are the fees of summary claims ?

AED 500

16. What are the requirements for the endorsement of contracts ?

The contracts shall be typed in Arabic.

The relevant parties, or their agents, shall attend.

The original ID, and a copy thereof, shall be provided.

An initial approval shall be obtained from the relevant authority.

17. What are the requirements of sale contracts and the appendices thereof ?

The contracts shall be typed in Arabic.

The relevant parties, or their agents, shall attend.

An original ID, and a copy thereof, shall be provided.

An initial approval of sale shall be obtained for some businesses.

An original driving license and a list of shareholders, plus a copy

of both, shall be provided.

The articles of association, and its original appendices if any, shall be provided, plus a copy thereof.

18. What are the requirements of a POA?

The instrument shall be typed in Arabic.

The relevant parties, or their agents, shall attend.

An original ID, and a copy thereof, shall be provided.

Instruments establishing the capacity, and a copy thereof, shall be submitted.

19. What are the procedures to be followed in commercial agencies?

The original license and a list of partners, and a copy thereof, shall be provided.

The articles of association, and its original appendices if any, shall be provided, plus a copy thereof.

20. What are the procedures to be followed for executing POAs for inheritors?

The original statement of heirs, and a copy thereof, shall be submitted.

If there are minors, their passports shall be attached and the approval of the competent authority shall be obtained.

If a minor reaches the age of maturity, the relevant statement of adultness and cancellation of custodianship shall be submitted.

21. What are the requirements of an acknowledgement ?

An acknowledgement shall be written in Arabic.

The relevant party, or the agent thereof, shall attend personally.

The original ID, and a copy thereof, shall be submitted.

Statements showing the party’s capacity, and a copy thereof, shall be submitted.

22. How shall minutes of meetings be endorsed ?

A minute shall be typed in Arabic.

The relevant parties, or the agents thereof, shall be present.

The original ID, and a copy thereof, shall be submitted.

The party shall provide its license, the articles of association of the company, a list of shareholders, and a copy of each.

23. What are the established procedures of catholic marriage contracts in Dubai?

Two original certificates of marriage shall be submitted.

The photos of the husband and wife shall be provided.

The certificate shall be translated into Arabic and shall be legally endorsed.

24. How shall the date be documented?

- An Arabic application for date documentation shall be provided.

- The original instrument, and one or more copies, shall be attached.

- The original ID, and a copy thereof, shall be submitted.

25. How shall a translation be certified ?

- The translator shall be present.

- The license issued by the Ministry of Justice, and a copy thereof, shall be shown.

- The Arabic translation, and the original foreign instrument endorsed by the UAE Foreign Ministry, shall be provided.

26. What are the requirements of judicial warnings?

The warning shall be typed in Arabic.

The address of the warned party shall be specified.

The warning party, or its agent, shall attend personally.

The original ID, and a copy thereof, shall be submitted.

27. How may a true copy be applied for at the Notary Public’s office?

An application for a true copy shall be prepared and signed by one litigant.

The relevant party, or its agent, shall attend to receive the true copies.

The original ID, and a copy thereof, shall be provided.

28. When may a labor judgment be executed ?

If the value of the labor claim is less than AED 20,000, the judgment may be executed at once.

If the value of the claim is more than AED 20,000, the litigant shall develop an acknowledgment and wait for 30 days after the date of the judgement.

29. How can an Egyptian obtain a nationality certificate while he/ she has a Canadian and Egyptian passports?

He / she shall consult the consulate of his country, as this is beyond the jurisdiction of the Notary Public.

30. Shall an applicant for changing a tribe submit the relevant transaction to the Department of Immigration?

No, it is sent by the division of ingoing and outgoing transactions.

31. Shall a check submitted to the court have the name of the plaintiff ?

No, it shall bear the title of Dubai Courts.

32. May the court fees be paid by visa card?

No, they shall be paid in cash.

33. May a labor acknowledgement be made at the Notary Public’s office?

No.

34. How may the passport of a sponsor be replaced by another? Is an application needed?

Yes, an application is submitted for having the judge’s approval.

35. How much does the promulgation of bankruptcy cost?

AED 250

36. How much does appeal costs?

It costs AED 100 for summary claims.

37. What are the requirements of summary claims?

The plaintiff, or its representative, shall submit the declaration according to article no. 42 of law no. 11/1992 on civil procedure. The declaration shall have the full names and addresses of the plaintiff and the defendant, merits and claims. Additional copies shall also be provided according to the number of litigants.

The exhibits supporting the claim shall be provided in copies ac-

cording to the number of defendants.

A certified POA, or exhibits establishing the legal representation, shall be provided.

The legal fees shall be paid.

38. What are the procedures of execution complications?

The relevant declaration shall be written in Arabic, and shall contain the grounds of complication.

The declaration shall be made of originals and other copies according to the number of litigants.

The supporting exhibits, if any, shall be attached in Arabic and in copies according to the number of litigants.

An applicant may explain the complication for the execution official as the latter starts, or is being involved in, the attachment procedures.

A certified POA, or an instrument establishing the legal represen tation and the capacity of the applicant, shall be attached.

The applicant, or its agent or legal representative; e.g. a guardian, or the owner or director of the company, shall attend.

39. What are the requirements of rogatory letters and referrals ?

The relevant letter shall be referred to the head of the Court of

First Instance to consider the same and take the appropriate measure.

The letter shall be registered at the division of ingoing and outgoing documents of the department of courts for due reference.

The rogatory letter shall be registered at the division of registration.

The rogatory letter file shall be referred to the division of execu tion for consideration by the execution judge.

The decision of the execution judge shall be taken.

The court making the rogatory letter shall be notified of any procedures made to the same effect.

40. How may an assignment of water vehicles

(vessels, boats, water cycles) be made?

If the vehicle is not registered in the Department of Transport

(that is its owner is not registered), the invoice of the vehicle shall be endorsed by Dubai Chamber of Commerce and Indus-

try, and translated and then endorsed by the Ministry of Justice if it is in English.

If the vehicle is registered at the Department of Transport, only the certificate of vehicle cancellation shall be shown.

In case the vehicle is exported from outside the UAE, an acknowledgment of sale, a letter from the chamber of commerce of the exporting country, the endorsement of the UAE Foreign

Ministry and Embassy, a legal translation, and the endorsement of the Ministry of Justice shall be provided.

41. What are the requirements for assignment of land vehicles (cars, bikes)?

The assignment of land vehicles is made in RTA. The Notary Public only issues a POA to use the vehicle, but not the assignment.

42. How long does it take for a judgment in a civil case to be executed ?

Thirty days after the date of the judgement.

43. How may a POA be assigned?

The original POA shall be provided.

The application for POA cancellation shall be typed.

The ID and passport shall be provided.

44. a person would like to have a residence acknowledgment ?

It is issued at the notary public, while residence acknowledgment of minors is issued by Personal Status Services Section as witnesses should be brought.

45. What are the requirements of orders on petitions?

The plaintiff, or its agent or legal representative (e.g. guardian), or the owner or director of the company, shall be present.

An endorsed POA, or the exhibits establishing the legal representation, shall be attached.

The petition shall be written in Arabic and shall include the names and addresses of litigants, as well as the detailed claims of the applicant.

The exhibits supporting the claim shall be attached in two copies. If they are in a foreign language, they shall be translated into Arabic.

The legal fees shall be paid.

46. What are the requirements of preventive attachment?

The petition of preventive attachment shall be submitted by the applicant, or its representative. It shall include the names and addresses of the plaintiff and the defendant, merits and claims.

The application exhibits shall be attached in a docket and shall be translated into Arabic, if they are in English.

The ID of the applicant (or passport) shall be attached.

The petition shall include adequate information about the movables, vessel, car, or plane to be attached, and the reason of attachment.

An endorsed POA, or the exhibits establishing the legal representation, shall be attached.

The legal fees shall be paid.

47. What are the requirements of lodging a grievance?

A written grievance shall be lodged according to article 42 of law no. 11/ 1992 on civil procedure. Copies of the grievance shall be made according to the number of litigants.

The exhibits supporting the grievance shall be attached, along with copies according to the number of litigants and including a copy of the order against which the grievance is made.

The legal fees shall be paid.

48. How can a judicial warning be made outside the UAE?

The ID and passport shall be provided.

The application shall be typed.

The warned party shall be notified by the warning party. If they both reside in the same Emirate, the first shall be notified by court officers. If it resides outside Dubai, it may be notified by the divi sion of Ingoing and Outgoing Documents.

49. How may a person execute a special POA for its brother to use its car while it is traveling?

The relevant application shall be typed.

The applicant shall provide its ID and copy of the passport.

The ownership certificate shall be provided along with the driving license.

50. What are the fees of (civil, commercial, real estate, labor or personal status appeals?

Cassation fees (AED 500) + insurance (AED 1000) + (AED 200) in

case there is an application to suspend sentence.

51. Are there specific fees for the labor appeal submitted by the laborer?

It is exempted from fees.

52. What are the fees of applying for reconsidering the appeal judgment?

Half the fees of appeal + an insurance of AED 500 + an application to suspend the sentence AED 200

53. What are the fees of applying for selling mortgaged properties?

1% of the value of the mortgaged properties to be sold with a minimum of AED 10 and a maximum of AED 5000.

54. Are there specific fees for the appeal following the first one?

Fees are AED 300.

55. Are there specific fees for ousting a non-native partner in case there are more than two partners in a company?

Yes, and fees rely on his share with a rate of 7.5%.

56- In case the company is the plaintiff, what are the fees of the application for labor debts?

5% of the amount value at a maximum of AED 30.000.

57. What are the fees of personal status lawsuits for

Muslims and non-Muslims (divorce, custody, passport, postponeddowry, good cohabitation, seeing children and receiving originals of the documents)?

Fees are AED 100.

58. Are there specific fees for alimony lawsuits such as children’s alimony, conjugal alimony, accommodation for the first time, custody fees, housemaid’s fees, accommodation during the custody period, driver’s salary, furniture allowance and settlement of bills?

Fees are AED 10.

59. Are there fees for a legal notice for non-Muslims?

Yes, for non-Muslims the fees are AED 10. For Muslims, it is free.

60. What are the fees of allowing, disallowing and inheriting Muslims or non-Muslims?

Fees are AED 100.

61. What are the fees of civil, commercial, real estate, urgent and labor execution filed by a company?

1% of the value of the amounts with a minimum of AED 10 and a maximum of AED 5000.

62. Are there fees for depositing cash money, securities, jewelries and gold items?

Fees are AED 150.

63. What are the documents and papers required when registering lawsuits?

Printing the Arabic statement (names of parties, addresses and concluding requests)

Addresses (plaintiff and defendant)

Power of attorney (only for a lawyer approved by the circuit or one of the relatives “father, brother, sister or mother”)

ID (copy of the passport or ID)

64. What are the requirements of civil or commercial lawsuits?

If the claim is less than one hundred thousand AED, the lawsuit is partial.

If the claim is more than one hundred thousand AED, the lawsuit is full.

Fees are 7.5% of the claims value.

Fees of applications which value has not been assessed are

AED750.

Fees of urgent applications are AED 500.

65. What are the procedures of real estate lawsuit?

If the claim is less than one hundred thousand AED, the lawsuit is partial.

Lawsuits of discommon between heirs are recorded as partial actions whatever the value of the claim.

If the claim is more than one hundred thousand AED, the lawsuit is full.

Fees are 7.5% of the claims value.

Fees of applications which value has not been assessed are AED

750.

Fees of urgent applications are AED 500.

66. What are the procedures of labor lawsuit?

If the claim is less than one hundred thousand AED, the lawsuit is partial.

If the claim is more than one hundred thousand AED, the lawsuit is full.

Fees are 7.5% of the claims value.

Fees of applications which value has not been assessed are

AED750.

67. What are the requirements of filing personal status lawsuits? a-Personal status lawsuits for Muslims or non-Muslims

The application is categorized whether the sides are Muslims or non-Muslims.

A copy of the marriage contract (a lawsuit proving the authenticity of the marriage)

A copy of the passport of the plaintiff and the defendant

Original copy of the statement issued by Family Guidance except for verification lawsuits such as (proof of divorce, proof of mar riage, proof of lineage … etc)

Fees:

Fees are AED 100 for Muslims and non-Muslims.

Alimony application fees are AED 10.

Urgent application fees are AED 500.

68. What are the fees of a legal notice for Muslims and non-Muslims?

The statement shall include the name of the deceased, name and address of the applicant and names of heirs.

A copy of the death certificate in Arabic

A copy of the lawyer’s power of attorney in case a lawyer is authorized. Such copy shall be certified by the notary public.

A copy of the passports of the heirs, the deceased and the applicant

Applications are accepted through the Personal Status Services

Department and a certified notice of numerating the heirs is issued.

Fees: a notice for Muslims is free and a notice for non-Muslims shall cost AED 100.

69. Estate (Muslims and non-Muslims)?

The application is categorized whether the sides are Muslims or non-Muslims based on the legal notice.

The statement shall include the name of the deceased, name and address of the applicant and names of heirs.

A copy of the death certificate in Arabic

A copy of the lawyer’s power of attorney in case a lawyer is authorized

A copy of the passports of the heirs, the deceased and the applicant

Fees: Muslims’ estate is free and for non-Muslims, it shall cost

AED 100.

70. Financial status procedures (Muslims and non-

Muslims)?

The application is categorized whether the sides are Muslims or non-Muslims based on the religion of the applicant.

The statement shall include the name of the deceased, name and address of the applicant and names of heirs.

A copy of the legal notice in Arabic

A copy of the lawyer’s power of attorney in case a lawyer is authorized

A copy of the passports of the heirs, minors and the applicant (in case of applying for opening a file related to the financial status of the deceased’s minors)

A copy of the passports of the minor and the applicant (in case of applying for selling the minor’s share, a trade permit)

A copy of the passport of the plaintiff and the defendant (in case of applying for appointing an administrator

Fees: Muslims’ financial status is free and for non-Muslims, it shall cost AED 100.

71. Prerequisites of execution (civil, commercial, labor, real estate and legal)?

The statement shall include the names of sides according to the sentence, addresses, table of execution, executive state-

ment, signature of the executor or his representative.

Addresses of the executor and the side against which execution is made

Power of attorney only for a lawyer approved by the circuit or one of the fourth-degree relatives “father, brother, sister or mother”

All enclosed documents

Receipts of the amounts claimed for execution

Original of sentences and original of the executive statement

The side against which execution is made shall be notified to follow up the notice at the Notice Department. The executor shall follow up with the Execution Department 15 days after the notice.

Fees:

1% of the total amounts, and the laborer shall be exempted from fees.

Fees of applications which value has not been assessed are

AED 150.

Fees of applications which value has not been assessed are

AED 20 in case of executing legal sentences.

72. What are the requirements of appeal (civil, commercial, labor, real estate and personal status)?

The statement including the names of parties, addresses and concluding requests shall be in Arabic. Appellant or his representative’s signature

Parties’ names according to the passport

Addresses (address of the appellant and the respondent)

ID (copy of the passport of ID)

Power of attorney only for a lawyer approved by the circuit or one of the fourth-degree relatives “father, brother, sister or mother”

All enclosed documents

A copy of the first instance sentence or a summary statement of the case

Fees: 1% of the value of the claimed amount

Fees of applications which value has not been assessed are

AED150 such as appointing an expert, passport, deleting a brand name ... etc.

Fees:

Labor appeal submitted by the laborer shall be free.

The appeal submitted by the company against the laborer shall be entitled to a fee of 1.5% of the claimed value.

In case of an application to suspend the sentence, AED 200 shall be levied as fees.

73. Appeals (civil, commercial, labor, real estate and personal status) ?

The statement including the names of parties, addresses, requests and lawyer’s signature

Parties’ names according to the passport

Addresses (address of the appellant and the respondent)

A copy of the lawyer’s power of attorney certified by the notary public

An appeal file shall not be accepted without a lawyer.

All enclosed documents

Enclosing five copies of the statement, a copy of the first instance sen tence, a copy of the appeal sentence in the appeal file and additional copies equivalent to the number of appellees

The value of claim in first instance lawsuits shall be AED 200.000.

Fees:

The laborer shall be exempted from fees.

Appeal fees are AED 500.

Insurance shall be AED 1000.

Fees of applications which value has not been assessed are AED 20 in case of executing legal sentences.

74. A customer is inquiring that his father would like to make a power of attorney, but the father’s health status is not suitable for appearing before the notary public. Is it possible for the notary public to come home?

Yes, and he shall submit a transfer application.

75. A person would like to make an agency, but he does not stay in the country. Could he make such agency?

Yes, he could make an agency.

76. Inquiry on reserving a vehicle?

Providing the number and title deed of the vehicle

Investigation communications (for the defendant)

77. A person would like to change the first name

(for the citizens of Dubai Emirate)?

Filing an application in the Registration Department and settling fees of AED 300

Contacting the Public Prosecution, Passports and Investigation

Department

After receiving feedbacks, the stakeholder shall be contacted to make an advertisement in two official newspapers.

In case there is an objection on the part of the competent authorities, he person shall be transferred to the Attestation Department and he shall appear in person, submit ID, provide two witnesses and the newspaper.

78. A person is inquiring about losing a passport?

Securing a document from the Police Station sealed and directed to Dubai Courts

The document shall be sealed with the Prosecution stamps in

Dubai Courts.

The person shall head for the Registration Department.

79. A person would like to file a labor lawsuit?

Submitting a letter issued by the Ministry of Labor and Laborers

Waiting for the reply within about a week

Submitting a writ from the Printing Department

80. Prerequisites of appointing a trust expert?

A decision issued by the judge identifying the trust amount

Sending through the computer

Payment through the Registration Department

81. Prerequisites of the rental lawsuits?

Supporting a letter from the Municipality such as a report sheet

Payment shall be through the court

82. Prerequisites of the power of attorney fees?

Providing the power of attorney’s receipt from the notary public

An amount of AED 10 as court fees

Submitting the principal’s lawsuit number

83. Is it possible for the administrator on minors to make a power of attorney to others?

No, except when there is a decision issued by the competent court.

84. Is it possible to handwrite the power of attorney?

No, It cannot be handwritten.

85. A client is inquiring whether the headquarter works during the evening shift?

No, it does not work during the evening shift. Only the main building and the Economic Circuit branch in Barshaa and At-Tuwar work.

86. A client is inquiring about the period when the notice is sent to the targeted person?

The notification period through the process servers is a week.

Through the incoming and the outgoing, it is a month.

87. What are the fees of the notary notice?

Fees are AED 85.

88. Does the power of attorney have a specific period or is it valid forever?

No, it does not have a specific period. It is in force until the per son’s death.

89. A jailed person would like to make a power of attorney?

He could make it, but he needs to contact the prison administration and hence, it shall be transferred to the notary public.

90. Are there specific fees for the transfer of the notary public?

Yes, they are AED 100 + fees of the transaction

91. A person would like to make a statement that he does not work and a proof of marital status for a specific body. Are they made in the notary public?

No, he should head for the Legal Attestations Department.

92. A person has a specific amount in his custody for the account of another. What are the procedures for making a debit statement?

He shall submit an application which shall be typed be typists.

Providing the ID or copy of passport

Providing a check or a proof, if any

93. A Philippine client would like to certify a marriage certificate issued by a church?

Providing a letter from the church + marriage certificate

94. A person belonging to the “non-nationalized people” would like to make a statement that he does not work. Does he need witnesses?

Yes, he needs two witnesses for the people who do not carry IDs.

95. There are three partners in a company. One of them would like to withdraw, sell his share and appoint a new partner?

Printing three copies for partners + attendance of all parties + providing IDs + a copy of the old articles of incorporation

96. A person would like to have his signature certified for a certain body. Could he certify this signature?

Yes, and he shall submit the application at the notary public and provide the ID and a copy of the passport.

97. What are the procedures of making an employer’s contract for a maidservant?

Filing an application + providing an employment contract + printing two copies + providing ID or passport

98. Sponsoring and caring for a foundling?

Getting an advance approval from the Public Prosecution

The attestation applicant shall appear and provide her passport and two witnesses.

The applicant shall select the first name of the child and the court shall complete his name and his mother’s name.

99. Proving two names for the same person?

The attestation applicant shall appear and provide his passport

(issued from Dubai), his legally assigned representative and two witnesses.

A copy of the papers and documents which indicate that there are two names

In case of the death of the person whose name shall be proved, the name shall be amended in the legal notice of the deceased after submitting the application supporting documents.

100. A person would like to accelerate the date of a session?

The application shall be attached with the file and presented to the judge. The secretary shall notify the applicant via phone.

Notes: All the applications are made available online at our site www.dc.gov.ae and the e-mail : info@dc.gov.ae

for more info.: please call: +9714 334 7777

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