Regulations governing the work of judicial assistants

Chapter 1: Judicial Assistants and the Rules Governing Their Work

Article 6

  • 1- It is not permissible for the judicial assistants to carry out a work that falls within the limits of their functions in cases and requests for rulings related to them, their spouses, relatives, in-laws, or relatives of their wives up to the fourth degree, as well as other settlements if they include litigation, otherwise this work is void. 

  • The aforementioned prohibition applies to all works of judicial assistants, even if they do not include litigation with regard to them, their parents, their branches, or their spouses. 

  • 2- If a judicial assistants makes one of the reasons for the prohibition mentioned in paragraph (1) of this article, he must recuse, and he must inform his direct reference - in writing- to authorize him to recuse, stating the reason for the prohibition and his signature, and if he does not recused, the opponent may request his dismissal. 

  • 3- The dismissal request must be filed before any requests or plea is made in the case, otherwise the right to it shall be forfeited, unless the circuit deems otherwise, however, the dismissal request may be made if its reasons occur thereafter, or if it is proved that the applicant for dismissal was unaware of it. In all cases, the dismissal request shall not be accepted after the closing of the pleadings. 

  • 4- The dismissal request shall be submitted to the head of the circuit or his representative by a memorandum signed by the applicant, and must include the reasons for the dismissal, accompanied by the existing papers supporting the request. 

  • 5- The head of the circuit or his representative shall decide on the recusal and the dismissal request within the four days following the request for recusal or dismissal request, and for this purpose he may hear what the recusal and the person whose dismissal is requested, and he must issue an order to accept or reject the recusal, and accept the dismissal request or reject it, and this order is final, and all this is proven in a special minutes to be kept with the circuit, and it is not attached to the case file. 

  • 6- If the case is recorded, the Chamber shall record the summary of the minutes contained in paragraph (5) of this article in the recording of the case itself, without issuing a decision.

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