Resolution
No. (3) of 2023
Regulating
the Work of the Committee
for Deferral of and
Exemption
from Payment of Judicial Fees[1]
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The
President of the Dubai Courts,
After perusal of:
Law No. (21) of 2015 Concerning
Judicial Fees of the Dubai Courts and its amendments;
Executive Council Resolution No. (38)
of 2020 Approving the Organisational Structure of the Dubai Courts; and
Resolution No. (6) of 2022 Forming the
Committee for Deferral of and Exemption from the Payment of Judicial Fees,
Does hereby issue this Resolution.
The
following words and expressions, wherever mentioned in this Resolution, will
have the meaning indicated opposite each of them unless the context implies
otherwise:
|
UAE: |
The United Arab Emirates. |
|
Law: |
Law No. (21) of 2015 Concerning Judicial Fees of the Dubai
Courts and its amendments. |
|
Committee: |
The Committee for Deferral of and Exemption from the
Payment of Judicial Fees established pursuant to the Law. |
|
Application: |
An
application for deferral of or exemption from the payment of judicial fees. |
|
Applicant: |
This includes the plaintiff, the appellant,
and any applicant for legal protection, who apply for
deferral of or exemption from the payment of the judicial
fees prescribed by the Law and the legislation
in force. |
In
addition to the functions assigned to it under the Law, the Committee will have
the duties and powers to:
1.
consider
the Applications submitted to it for deferral of or exemption from the payment
of judicial fees, and verify that they meet all
relevant conditions and requirements and that they are accompanied by all
required documents;
2.
determine
the Applications for deferral of or exemption, in whole or in part, from the payment of judicial fees;
3.
issue, at
its discretion, the decisions approving the deferral of judicial
fees rather than exemption from the payment thereof; and
4.
require any
guarantees, as it deems appropriate, from the Applicant.
a.
The
Committee will, where necessary, convene at the invitation of its chairman at
the time and place determined by him.
b.
Meetings of
the Committee will be valid if attended by at least three (3) of its members.
c.
Where the
chairman of the Committee is unable to attend any of its meetings,
the most senior member will deputise for him.
d.
The
resolutions of the Committee will be passed unanimously or by majority vote of
the attending members; and in the
event of a tie, the chair of the meeting will have a casting vote.
e.
The resolutions of
the Committee will be recorded in minutes signed by the chair of the meeting
and the attending members.
f.
Committee meetings
may be convened using electronic media, and Committee resolutions may be passed by circulation.
g.
A
rapporteur will be appointed to the Committee by its chairman. The rapporteur
will, in coordination with the chairman, be responsible for sending meeting
invitations to the Committee members, preparing its meeting
agendas, recording its minutes of meetings, following up the implementation of
its resolutions and recommendations, and performing any other duties assigned
to him by the chairman
of the Committee.
a.
For the
purpose of exempting an Applicant from payment of judicial fees, he must be:
1.
a person
who has no income; who is insolvent and incapable of paying the judicial fees;
or whose only source of income is the social aid provided by competent
government entities;
2.
a person
who is a victim of domestic violence, as verified by the Dubai Foundation for
Women and Children, or
3.
a person
who is an heir of a martyr, in case of claims related to the rights of the heir
and entitlements of the martyr.
b.
For the
purpose of deferring the payment of judicial fees, an Applicant must:
1.
be
insolvent and incapable of paying the judicial fees at the time of registration
of the lawsuit; and
2.
hold a valid
UAE residence permit at the time of submitting the Application (for non-UAE
nationals).
c.
The
Committee has the discretionary power to determine whether the
Applicant meets the requirements referred to in paragraphs (a) and (b) of this
Article and whether he is eligible for exemption from or deferral of payment
of judicial fees.
An
Application will be submitted to the Chief Justices' Office Affairs Section at
the Case Preparation Department. The Application
must be accompanied by the following:
1.
copies of
the statement of claim and the relevant documents;
2.
a copy of
the definitive judgement, where the Application is related to penal
proceedings;
3.
an
undertaking to pay judicial fees, signed by the Applicant in person, as per
the form prescribed by the Committee for this purpose;
4.
a copy of
the salary certificate of the Applicant issued by his employer, where the
Applicant is an employee of any public or private entity within the UAE;
5.
a copy of
the valid passport of the Applicant;
6.
a copy of
the Applicant’s valid residence permit, where the Applicant is a non-UAE
national;
7.
a copy of
the power of attorney, where the Application is submitted on behalf of the
Applicant;
8.
a summary
report on the financial position of the
Applicant;
9.
a copy of
the Applicant’s bank statement for the last six (6) months preceding the date
of submission
of the Application;
10. a copy of the decree of distribution, where the Application
is submitted by heirs, and
11. any other documents required by the Committee.
The
above-mentioned Resolution No. (6) of 2022 is hereby repealed. Any provision in
any other resolution is hereby also repealed to the extent that it contradicts
the provisions of this Resolution.
This
Resolution comes into force on the day on which it is issued, and will be
published in the Official Gazette.
President
of the Dubai Courts
Issued in Dubai on 17 January 2023
Corresponding
to 24 Jumada al-Thaniyah 1444 A.H.
©2023 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.