2023-11-28 23:53:36
What happens when the plaintiff is absent from the hearing according to Saudi law? This question revolves around one of the most important and obvious legal matters in any case, which is: How important is the presence of the parties to the case at the hearing, as many people think that this attendance is optional or according to whim, and they do not know that it will have consequences related to the course of the case. Accordingly, we explain in detail what happens if the plaintiff does not attend the session.
What happens when the plaintiff is absent from the hearing?
The judicial arena is considered the most trusted forum to which various individuals resort who have a dispute over any matter and have not found a peaceful way to resolve it. However, access to that arena is linked to a set of controls that must be adhered to by all parties.
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In this regard, we point out the effect of the absence of the plaintiff (i.e. the person who filed the lawsuit) from attending the hearing whenever it is scheduled; According to Article Fifty-Five of the Saudi Sharia Procedures System, the lawsuit is deleted from the records by a judicial decision, if he does not provide an official excuse to the judiciary, which must be accepted.
It is worth noting that, according to Saudi law, the plaintiff is an adjective and not a person, meaning: For the judge, the presence of the plaintiff himself or an agent on his behalf, such as a lawyer, in the courtroom means that the plaintiff actually exists.
Is it permissible to file a lawsuit after it is written off?
According to what was stated in the Sharia Procedures System in the Kingdom of Saudi Arabia, the absence of the plaintiff leads to the dismissal of the case, but it must be known that the same Article Fifty-Five also includes the right to re-file the lawsuit again by the plaintiff.
However, this right shall be effective within a period of sixty (60) days from the date of deletion; If that period expires and the court does not receive any request from the plaintiff to restart that case, it will be completely struck out as if it had never existed.
Is it possible to rule in a session that the plaintiff missed?
In the context of talking about the controls established in Saudi law that govern the validity of the case and the mechanism of its ruling according to the presence and absence of its parties, it is worth knowing that the defendant, the “accused,” has the right to request a resumption of the hearing despite the absence of the plaintiff.
According to Article Fifty-Six of the Saudi Sharia Procedures System, the defendant or his representative has the right to submit a request to the court to issue a ruling in the session if the conditions for pronouncing the ruling are met.
What happens if the defendant does not attend the hearing?
We mentioned in the previous paragraphs the effect of the plaintiff’s absence from the sessions, but in that paragraph we will highlight the effect of the defendant’s failure to attend; This is what Article 57 of the Sharia Procedures System in Saudi Arabia indicates in several points, namely:
If the defendant or his representative is absent from the first session because he was not aware of its date, the court will postpone it provided that he is notified of it. If the defendant is repeatedly absent from the new scheduled session without providing any acceptable excuse to the court, the latter has the right to issue a ruling in absentia. If the defendant is absent from the session of which he was previously informed in a previous session; The court issues the ruling in your presence. If the case is related to circumstances such as alimony, custody, visitation, maintenance, etc., then in the event of the defendant’s absence, he will be brought forcibly in accordance with the court’s decision. If it turns out that the defendant’s exact place of residence is unknown and he is absent from the hearing, the court has the right to issue its ruling in absentia.
Here we have reached the end of this article, in which we have clarified several aspects of great importance in cases of any type, the most important of which is the presence of the plaintiff at the hearing and the consequences of his failure to appear in the courtroom.
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