To complete the digital transformation system, in line with the provisions of the Electronic Transactions Law, and in accordance with the provisions of Paragraph (1) of Article 71 of the Law of the Judiciary, Article 72 of the Law of Civil Procedure, and Article 7 of the Commercial Courts Law, setting the main provisions and rules for remote litigation procedures (e-litigation), the Ministry provides this guide for the implementation of the procedures of this system. 

The e-litigation service maintains judicial guarantees in the framework of a governance system that ensures fulfillment of those guarantees in line with the nature of this field, through the following: 

• I. Achieving the Face-to-Face Principle 

  • Through the e-litigation service, the right of defense can be fulfilled by enabling the parties to have access to all 

  • submissions presented in the case, including memorandums and documents submitted during the hearing or upon preparation of the case, and presenting the parties with such documents. 

  • The e-litigation service provides an easier application of the project of the audio-visual recording of hearings, previously launched by the Ministry, and its terms of use are easier to apply. The e-litigation service use agreement confirms the commitment of the Ministry to record and save the remote hearing records to record and electronically, and its maintenance of the principle of confidentiality. That is, access to such records shall not be permitted and they shall only be circulated or copied in accordance with the provisions stipulated by law.

II. Principle of Open Hearings 

• Access to e-litigation hearings shall be made available according to specific procedures, taking into account the authority of the court to manage and control the hearing, in addition to the service of recording and keeping of hearings.rds

1. The e-litigation service shall include all litigation procedures stipulated in laws which can be applied electronically, such as exchanging and responding to memorandums, submitting documents and transcripts, holding written and visual hearings, pronouncing judgements, receiving a copy of judgement, and objecting to judgements before the higher court.

2. E-litigation hearings shall be held either through writing or video- conferencing. These two types and their procedures shall be defined in detail in Clause III of this Guide. 

3. All parties shall have or be able to create an active account with the National Unified Access. 

4. The parties to a lawsuit shall have the right to review the case file electronically.

5. The e-litigation procedures shall be exclusively carried out via the E- Litigation Platform or the systems approved by the Ministry for electronic litigation. The circuit may not under any circumstances conduct them through any other means. 

6. The controls for giving testimony, taking an oath, and pronouncement of Khul' and divorce formulas shall be observed in electronic litigation. 

7. The Ministry shall issue e-litigation operational manuals for the parties to the proceedings.

8. In the event that it is not possible to hear the case through e-litigation, the circuit may conduct it in the presence of the parties.

Statutory effects shall not apply to any party to the case who has not been notified or given the link to access the hearing. The circuit shall note down the results of the date notification and link access in the hearing record. A visual hearing shall be held during working hours. The circuit may, upon the approval of the Supreme Judicial Council, conduct a hearing outside working hours during official working days, but not later than five p.m.

Procedures and Order of E-litigation Hearings 

• In implementation of the provisions of Article (63.1) of the Implementing Regulations of the Law of Civil Procedure, the service has been designed so that the notice of the commencement of the hearing through the e-litigation platform or any electronic means corresponds to a call to the litigants, thus achieving the requirement of notifying the parties of the hearing. The service is designed so that both the plaintiff and the defendant or either of them shall be deemed present upon writing in a written hearing within the time limit specified by the circuit, or upon logging in to an audio-visual hearing within thirty minutes from the time scheduled for holding the hearing. If either party fails to appear within the specified time, he shall be treated in accordance with the provisions of the Law upon verifying that he has been properly notified and that he has received the notices of the written hearing or the link to the audio-visual hearing.

Hearings that are held via the e-litigation service are of two types:

• 1. Written Hearings

  • A written hearing shall refer to one in which the circuit enables the parties to the case to plead in writing and to exchange and file memorandums. In addition, the circuit directs requests and questions and the parties give responses, all in writing, and attach their documents.

• 2. Audio-Visual Hearings 

  • This shall refer to a type of audio-visual hearing held by the circuit in an electronic room and attended by the parties through the means of communication. approved by the Ministry for e-litigation. In these hearings, discussions of the parties are carried out, the litigation procedures are completed, and the judgement is pronounced.

An audio-visual hearing shall be held according to the following procedures:

• 1. The parties to the lawsuit shall attend and write their full names in the Arabic language according to their national IDs, residence permits, or commercial registers in the user's field.

• 2. The system shall send a text message to the parties to the case a day before the date of the audio-visual hearing containing the link to log in to the hearing. The parties shall access the electronic room in a timely manner before the time of the audio-visual hearing to ensure that everything is ready and well-prepared. Should a party to the case fail to have access or be unaware of the access mechanism, he shall contact the Unified Call Center at the number 1950.

• 3. Judicial assistants shall prepare the systems used in an audio-visual hearing, activate the technical system before the start of the hearing, ensure that the system is safe and that there is no technical faults or impediments, and ensure approved means that the parties have been appropriately access to the links of the audio-visual  through notified, and that they have had hearings.

• 4. Judicial assistants shall ensure that the full names of the parties are correctly entered in the Arabic language and that the parties to the case are well- prepared for the hearing, and shall check the quality of sound and image.

• 5. Judicial assistants shall prepare the parties to the case, verify their identities, and their capacity in the case, and record all these particulars before the start of the audio-visual hearing.

• 6. In the event that it is not possible to hold or complete the audio-visual hold or complete the audio-visual hearing for a reason related to the circuit, the parties to the case shall be notified, and the circuit shall schedule a later date after stating the justifications for the postponement. Archives & Records

• 7. Should one of the parties to the lawsuit log out during the audio-visual hearing, and fail to log in again within 10 minutes, the circuit shall continue to hold the hearing in accordance with the statutory provisions.

• 8. The parties attending an audio-visual hearing shall maintain order, silence their microphones, avoid interruption or disruption of the hearing, and avoid frequent log-in and log-out. All attendees shall activate the camera all the time during an audio-visual hearing.

• 9. Unless one of the parties to the case is a prisoner, a hearing may not be held if one of the parties thereto is present in the courtroom and the other party in an electronic room.

• 10. No party may speak during the hearing except with the permission of the presiding judge and shall speak in a calm and balanced manner. The parties shall avoid rapid speech and shall not sit away from the microphone while speaking.

• 11.The parties to the case shall, upon holding an audio-visual hearing, respect the judges and choose a hearing venue that suits their dignity and prestige. The circuit shall take the necessary legal measures in accordance with Article 73 of the Law of Civil Procedure.

• 12. The parties to the lawsuit may display their documents through screen sharing upon the approval of the circuit. No written messages may under any circumstances be sent during exchanges in the audio-visual hearing save with the permission of the circuit.

• 13. A record shall be drawn up for each audio-visual hearing. 

• 14. Judges, judicial assistants and the parties to the case shall be officially dressed at the time of the audio-visual hearing.

A deliberation hearing shall be electronically held between the members of the circuit through the e-litigation service; said hearing shall be kept confidential, and only the judges who heard the case shall have the right to access or participate therein. 

Judgements shall be pronounced, lawsuits dismissed, and judgements of decline rendered through an audio-visual hearing or a hearing in the presence of the parties; judgements shall be electronically delivered to the parties.