Issuance of the Royal Order appointing the four judges of the Supreme Judicial Council, the Chief of the Supreme Court and its members shall be deemed creation of positions in accordance with the ranks required to be filled pursuant to the Law of the Judiciary and shall thus be incorporated in the budget of the relevant entity.
1. The Court of Cassation in Riyadh and the Court of Cassation in Mecca shall continue to assume their jurisdiction set forth in existing laws until they are converted into courts of appeals as stated in paragraph 5 of this clause.
2. Not less than one hundred twenty positions of appeal judges and not less than thirty positions of appeal court chief judges shall be created in the first fiscal year following the entry into force of the Law of the Judiciary.
3. The Supreme Judicial Council shall fill the vacancies provided for in the preceding paragraph through promotion, appointment or transfer. The Council shall address issues related to the workplaces and financial aspects of persons occupying them, pending establishment of the courts of appeals and assumption of their jurisdiction, provided that a sufficient number of appointed or promoted judges be assigned to work in the Court of Riyadh and the Court of Mecca.
4. The Supreme Judicial Council shall increase the number of circuits at the Court of Riyadh and the Court of Mecca.
5. The Supreme Judicial Council shall, within a period not exceeding two years from the effective date of the Law of the Judiciary, issue a decision to the following effect:
a) With regard to the Court of Cassation in Riyadh:
i. Convert the Court into a court of appeals.
ii. Determine the appropriate number of judges to work in the court.
iii. Limit its jurisdiction to review judgments rendered by first instance courts of general jurisdiction in the Province of Riyadh.
b) With regards to the Court of Cassation in Mecca:
i. Convert the Court into a court of appeals.
ii. Determine the appropriate number of judges to work in this court.
iii. Limit its jurisdiction to review judgments rendered by first instance courts of general jurisdiction in the Provinces of Mecca, Medina and Baha.
c) Establish a court of appeals in the Eastern Province, observing the following:
i. Its seat shall be in the City of Dammam.
ii. Determine the appropriate number of judges to work in this court.
iii. Limit its jurisdiction to review judgments rendered by first instance courts of general jurisdiction in the Eastern Province.
d) Establish a court of appeals in the Province of Qassim, observing the following:
i. Its seat shall be in the City of Buraidah.
ii. Determine the appropriate number of judges to work in this court.
iii. Limit its jurisdiction to review judgments rendered by first instance courts of general jurisdiction in the Provinces of Qassim and Hail.
e) Establish a court of appeals in the Province of Asir, observing the following:
i. Its seat shall be in the City of Abha.
ii. Determine the appropriate number of judges to work in this court.
iii. Limit its jurisdiction to review judgments rendered by first instance courts of general jurisdiction in the Provinces of Asir, Jazan and Najran.
f) Establish a court of appeals in the Province of Jouf, observing the following:
i. Its seat shall be in the City of Skaka.
ii. Determine the appropriate number of judges to work in this court.
iii. Limit its jurisdiction to review judgments rendered by first instance courts of general jurisdiction in the Provinces of Jouf, Northern Borders and Tabuk.
6. Courts of appeals shall assume the jurisdiction of the Court of Cassation, pending amendment of the Law of Procedure before Sharia Courts and the Law of Criminal Procedure, without prejudice to paragraph 9 of this clause.
7. The Technical Committee shall, in conjunction with the Supreme Judicial Council and the Ministry of Justice and within a period not exceeding two years from the effective date of the Law of the Judiciary, undertake the following:
a) Assess the need for creating other judicial positions for such courts.
b) Determine the needs of each court of appeals regarding administrative and technical positions and create said positions in the first fiscal year following determination.
c) Consider the appropriateness of transferring a certain number of vacant and occupied administrative and technical positions together with their holders from some branches of the Ministry of Justice to such courts.
d) Set up financial, administrative, and personnel-related arrangements, which assist each court to assume its jurisdiction.
8. Allocate a premise for each court of appeals established pursuant to a decision by the Supreme Judicial Council in ample time prior to assuming its jurisdiction, taking into consideration the nature, significance, and volume of work of the courts of appeals. The Ministry of Finance shall provide necessary funds.
9. The Supreme Judicial Council shall, following amendment of the Law of Procedure before Sharia Courts and the Law of Criminal Procedure, specify a transitional period for the courts of appeals to assume their jurisdiction in accordance with the Law of the Judiciary. Cases referred to the Courts of Cassation in Riyadh and Mecca shall continue to be considered by these courts until they are decided. The Ministry of Justice shall be notified of arrangements made to this effect.
10. The Supreme Judicial Council shall set a time plan for the establishment of courts of appeals in the remaining provinces of the Kingdom. The Ministry of Justice shall be provided with such plan in ample time prior to implementation.
1. Create a sufficient number of judicial positions for family courts in the first fiscal year following the entry into force of the Law of the Judiciary.
2. The Supreme Judicial Council shall, within a period not exceeding two years from the effective date of the Law of the Judiciary, issue a decision as follows:
a) Convert the Civil Status Courts in Riyadh and Jeddah into family courts.
b) Determine the appropriate number of judges for each family court.
c) Assign some of the judges currently serving in general courts and summary courts to work in family courts upon assuming their jurisdiction, taking into consideration the volume of work in family courts and general courts. 3. Judges referred to in the preceding paragraph shall be transferred to each family court once the court assumes its jurisdiction.
4. The Technical Committee shall, in coordination with the Supreme Judicial Council and the Ministry of Justice and within a period not exceeding two years from the effective date of the Law of the Judiciary, undertake the following:
a) Assess the need for creating other judicial positions for such courts.
b) Determine the needs of each family court regarding administrative and technical positions and create said positions in the first fiscal year following determination.
c) Allocate a certain number of vacant and occupied administrative and technical positions in a general court to the family court located in the same province or county.
5. Allocate a premise for each family court established pursuant to a decision by the Supreme Judicial Council in ample time prior to assuming its jurisdiction, taking into consideration the nature and number of disputes considered by family courts. The Ministry of Finance shall provide necessary funds.
6. Family cases considered before general and summary courts, which have not been recorded, shall be referred to family courts within their venue jurisdiction once such courts assume their jurisdiction. This shall be in coordination between the chiefs of the two courts according to arrangements set by the Supreme Judicial Council.
7. The Supreme Judicial Council shall, after amendment of the Law of Procedure before Sharia Courts and the Law of Criminal Procedure, specify a transitional period for family courts to assume their jurisdiction in accordance with the Law of the Judiciary. General and summary courts shall continue to review family cases already recorded until judgment is rendered. The Ministry of Justice shall be notified of arrangements made to this effect.
8. The Supreme Judicial Council shall set a time plan for establishment of family courts in the Kingdom’s provinces and counties. The Ministry of Justice shall be provided with a copy of such plan in ample time prior to implementation.
1. Create a sufficient number of judicial positions for penal courts in the first fiscal year following the entry into force of the Law of the Judiciary.
2. The Supreme Judicial Council shall, within a period not exceeding two years from the effective date of the Law of the Judiciary, issue a decision as follows:
a) Convert existing summary courts into penal courts.
b) Determine the appropriate number of judges for each penal court.
c) Assign a certain number of the judges currently serving in general and summary courts to work in penal courts upon assumption of their jurisdiction, taking into consideration the volume of work of penal courts and general courts.
3. Judges referred to in the preceding paragraph shall be transferred to penal courts once each court assumes its jurisdiction.
4. The Technical Committee shall, in coordination with the Supreme Judicial Council and the Ministry of Justice and within a period not exceeding two years from the effective date of the Law of the Judiciary, undertake the following:
a) Assess the need for creating other judicial positions for such courts.
b) Assess the status of existing summary courts in terms of financial and personnel-related matters, as well as the status of buildings and requirements for converting them into penal courts.
c) Determine the needs of each penal court regarding administrative and technical positions and create said positions in the first fiscal year following determination.
d) Allocate a certain number of vacant and occupied administrative and technical positions in a general court to the penal court located in the same province or county.
5. Allocate a premise for each penal court established pursuant to a decision by the Supreme Judicial Council in ample time prior to assuming its jurisdiction, taking into consideration the nature and number of disputes considered by penal courts. The Ministry of Finance shall provide necessary funds.
6. Penal circuits affiliated with the Board of Grievances, along with their judges, assistants and positions shall be transferred to penal courts. Penal review circuits, along with their judges, assistants and positions shall be transferred from the Board of Grievances to courts of appeals. This shall follow preparation of the seats of these courts and exercise of their jurisdiction. Said judges and assistants shall continue to work in such courts for at least five years and in the same field from which they were transferred. This shall not preclude assigning them to other circuits for completion of their workload.
7. Cases under the jurisdiction of penal courts, which are filed before general courts, but not yet recorded, shall be referred to penal courts within their venue jurisdiction, once such courts assume their jurisdiction, and in coordination between the chiefs of the two courts as per arrangements set by the Supreme Judicial Council.
8. Criminal cases and records thereof pending before penal circuits and penal review circuits at the Board of Grievances shall be referred, along with their records, to competent penal courts. Records, papers, and files of criminal cases previously decided by the Board shall be transferred to penal courts once said courts assume their jurisdiction. This shall be in coordination between the Supreme Judicial Council and the Administrative Judicial Council without prejudice to venue jurisdiction.
9. The Supreme Judicial Council shall, following amendment of the Law of Procedure before Sharia Courts and the Law of Criminal Procedure, specify a transitional period for penal courts to exercise their jurisdiction. General courts shall continue to consider and decide pending cases. The Ministry of Justice shall be notified of arrangements made in this regard.
10. The Supreme Judicial Council shall, in coordination with the Ministry of Justice and the Higher Institute of the Judiciary, conduct a training program at the Higher Institute of the Judiciary for judges of penal courts and judges of penal circuits at the courts of appeals and at general courts in counties and districts, as well as judges of traffic panels reviewing traffic accidents suits at general courts. Seminars shall be held at the same institute for a period of not less than two months on the Law of Criminal Procedure and other relevant laws, with the participation of experienced judges and other experts.
11. The Supreme Judicial Council shall set a time plan for the establishment of penal courts in the Kingdom's provinces and counties. The Ministry of Justice shall be provided with a copy of such plan in ample time prior to implementation.
1. Create a sufficient number of judicial positions for commercial courts in the first fiscal year following the entry into force of the Law of the Judiciary.
2. The Supreme Judicial Council shall, within a period not exceeding one year from the effective date of the Law of the Judiciary, assign an appropriate number of newly appointed judges and a sufficient number of on-the-job judges to work in these courts upon assumption of their jurisdiction.
3. The number of judges referred to in the preceding paragraph shall not be less than 80 judges.
4. The Technical Committee shall, in coordination with the Supreme Judicial Council and the Ministry of Justice and within a period not exceeding two years from the effective date of the Law of the Judiciary, undertake the following:
a) Assess the need for creating other judicial positions for such courts.
b) Determine the needs of each commercial court regarding administrative and technical positions, and create said positions in the first fiscal year following determination.
c) Allocate a certain number of vacant and occupied administrative and technical positions in a general court to the commercial court located in the same or county.
5. Allocate a premise for each commercial court established pursuant to a decision by the Supreme Judicial Council in ample time prior to assuming its jurisdiction, taking into consideration the nature and number of disputes considered by commercial courts. The Ministry of Finance shall provide necessary funds.
6. Commercial circuits affiliated with the Board of Grievances, along with their judges, assistants, and positions shall be transferred to commercial courts. The commercial audit panels, along with their judges, assistants and positions shall also be transferred from the Board of Grievances to courts of appeals. This shall follow preparation of the premises of these courts and exercise of their jurisdiction. Said judges and assistants shall continue to work in such courts for at least five years and in the same field from which they were transferred. This shall not preclude assigning them to other panels to complete their workload.
7. Commercial cases and records thereof pending before commercial panels and commercial audit panels at the Board of Grievances shall be transferred to commercial courts. Records, papers, and files of commercial cases previously decided by the Board shall be transferred to commercial courts once said courts assume their jurisdiction, in coordination between the Chairmen of the Supreme Judicial Council and the Administrative Judicial Council without prejudice to venue jurisdiction.
8. The Supreme Judicial Council shall, following the amendment of the Law of Procedure before Sharia Courts and the Law of Criminal Procedure, specify a transitional period for commercial courts to assume their jurisdiction. General courts shall continue to consider and decide pending cases. The Ministry of Justice shall be notified of arrangements made in this regard.
9. The Supreme Judicial Council shall, in coordination with the Ministry of Justice and the Higher Institute of the Judiciary, conduct a training program at the Higher Institute of the Judiciary for judges of commercial courts and judges of commercial circuits at the courts of appeals and at general courts in counties and districts. Seminars shall be held at the same institute for a period of not less than two months on commercial laws, with the participation of experienced judges and other experts.
10. The Supreme Judicial Council shall set a time plan for establishment of commercial courts in the Kingdom's provinces and counties. The Ministry of Justice shall be provided with a copy of such plan in ample time prior to implementation.
1. Notwithstanding the jurisdiction of excluded committees set forth in paragraph 2 of Section Three (General Provisions) of these Procedures, jurisdiction of quasi-judicial committees considering criminal cases, commercial or civil disputes, shall be transferred to the General Judiciary following amendment of the Law of Procedure before Sharia Courts, the Law of Criminal Procedure and the issuance and entry into force of the Law of Procedure before the Board of Grievances. The Committee formed at the Bureau of Experts shall, within a period not exceeding one year from the effective date of the Law of the Judiciary, review the laws affected by such transfer and propose amendments thereto in accordance with the legal procedures. The Committee shall also review the status of the quasi-judicial committees considering administrative disputes whose decisions are subject to appeal before the Board of Grievances, and shall make necessary changes thereon.
2. Positions related to quasi-judicial committees, whose jurisdiction is transferred to the general judiciary (positions of members and supporting positions), shall be transferred. Employees of these committees, who meet the conditions of the judiciary, shall be appointed in judicial or consultative positions as needed, provided that the technical committee, in conjunction with the Supreme Judicial Council, the Ministry of Justice and a representative of the agency concerned, determine the positions, staff and financial allocations, and other items to be transferred from each committee, whose jurisdiction is transferred to the courts.
3. The Supreme Judicial Council shall, following amendment of the Law of Procedure before Sharia Courts and the Law of Criminal Procedure and the issuance and entry into force of the Law of Procedure before the Board of Grievances, specify a transitional period for competent courts to assume the jurisdiction transferred to them from quasi-judicial committees. Pending cases and related records, papers, and files shall be transferred from said committees to the general judiciary for adjudication, in coordination between the Supreme Judicial Council and the relevant agencies without prejudice to venue jurisdiction. The Ministry of Justice shall be notified of arrangements made in this regard.