Federal Law Number 7 of 2012 on the Expert Evidence before UAE Courts allows for the appointment of outside experts in legal proceedings. The nomination of experts is also governed by Federal Law Number 10 of 1992 concerning the Evidence Law. Typically, experts are called upon to provide advice on a variety of issues that call for the right knowledge and abilities, such as in financial or technological difficulties. The law firms which have that case appoints the best lawyer of their firm so that they give best of the best opinions. Experts are chosen from a list of experts that is available to all courts. Due to concerns about reciprocal bias, the court does not permit the parties to choose an expert. You can contact a good Law Firm in Dubai for professional legal advice and services.
The law firms appoint the lawyer/lawyers to follow the guidelines laid out by the Evidence Law, which includes scheduling meetings with parties or their legal counsel, keeping meeting minutes, and more. The court will set a hearing date for both parties to remark on the report after it has been written and presented to the court. The post is getting feedback from both parties; if the court determines that additional research is necessary, the matter may be sent back to the same expert or a different one. The fact that the claimant typically has to pay expert fees—which he can get compensated for if the judge rules in his favor—should be emphasized.
How do Court Proceedings’ Appeals Procedures Work?
Any party who feels wronged by the Court of First Instance’s decision may appeal the case to the Court of Appeal. The appeal may be made on both legal and factual grounds. Patties also have the option to add new arguments and supporting data. All appeals must be submitted within 30 days of the day on which you received the Court of First Instance’s decision. The time limit, though, might be extended under certain conditions.
The appeal’s filer must provide written justification for the appeal as well as supporting documentation. The court will give notice to the opposing party and schedule a hearing for the respondent’s submission after receiving the appeal. The court will set up additional hearing dates to allow for submissions, and if it is satisfied that the case has been properly pleaded, it will issue a judgment order. Within 60 days of obtaining the Court of Appeal’s ruling, parties have an additional right to appeal it to the Court of Cassation on legal grounds.
Various Phases of the Case
Case Registration: Depending on the amount of the claim, any case must be started in the Court of First Instance in the relevant Emirate by filing a pleading or complaint and paying the appropriate court fees. The claimant is responsible for paying the court costs, which in all of the Emirates range from 3 to 6 percent with a cap of AED 40,000(The Cap also varies from Labour to Civil Cases). In a number of jurisdictions, the court has the power to order the defendant to pay the claimant’s court costs back after finding the defendant in contempt of court. Any claim filed with the courts must be compliant with all rules and contain all necessary details about the claimant, the defendant, and the disagreement. The court provides summons (the claim and any supporting papers presented by the claimant) together with a hearing date after registering the claim.
Summons are Served: The summons or notice is delivered by the court in a number of phases, either by courier, email, or a court officer. It is crucial for the defendant to acknowledge receiving the summons. If the court officer is unable to serve the defendant with the summons and the defendant doesn’t show up for the hearing, the matter will be continued for another hearing.
Additionally, if personal delivery was not possible, the summons shall be posted on the defendant’s premises or published in two local newspapers to fulfill the requirement for service (Arabic and English).
If the defendant lives abroad, the summons will be delivered through diplomatic channels, such as the UAE Embassy and the Ministry of Foreign Affairs of the defendant’s country. Additionally, it might be done electronically.
Hearing: The court will postpone the hearing until the claimant can respond after the defendant has filed a response. Up until both parties present the memoranda and evidence to back up their claim, more hearing dates will be set. However, the court will issue an ex-parte ruling if the defendant does not show up for the hearing despite repeated requests. Additionally, if the case calls for technical help and information from a third party, the court may appoint a third party expert.