Resolution No. (9) of 2024

Concerning

Posting of Service of Process Notices on

the Official Website of the Dubai Courts[1]

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The President of the Dubai Courts,

After perusal of:

Federal Law by Decree No. (42) of 2022 Issuing the Civil Procedure Code;

Law No. (6) of 2005 Regulating the Dubai Courts and its amendments;

Executive Council Resolution No. (105) of 2023 Approving the Organisational Structure of the Dubai Courts;

Resolution No. (9) of 2023 Delegating Certain Powers of the Head of the Local Judiciary to the President of the Dubai Courts and the Attorney General of the Emirate of Dubai; and

Resolution No. (1) of 2024 Assigning the Director of the Dubai Courts to Perform the Duties of the President of the Dubai Courts,

Does hereby issue this Resolution.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

Emirate:

The Emirate of Dubai.

Law:

Federal Law by Decree No. (42) of 2022 Issuing the Civil Procedure Code.

Courts:

The Dubai Courts, including the Court of Cassation, the Court of Appeal, the Courts of First Instance, and any other court to be established therein.

Service of Process:

A method prescribed by the Law for notifying the addressee of the initiation or commencement of judicial proceedings against him. A copy of the Service of Process is served on the party to proceedings either by the competent department at the Courts or by the interested parties.

e-Noticeboard:

An electronic noticeboard for posting Service of Process notices.

Service of Process e-Noticeboard

Article (2)

a.    A web page titled “Service of Process e-Noticeboard” will be created on the Courts' official website. The e-Noticeboard is aimed at serving as an additional method to ensure that Service of Process notices are properly communicated to the addressees.

b.    The Information Technology Department at the Institutional Support and Communication Sector of the Courts will be responsible for creating, operating, managing, supervising, monitoring, and developing the e-Noticeboard, in coordination with the Notification Section at the Case Preparation Department of the Case Management Sector of the Courts.

Conditions for Publishing Service of Process Notices

Article (3)

A Service of Process notice will be published on the e-Noticeboard subject to the following conditions:

1.    The Service of Process notice must have been duly served on the addressee in accordance with the methods and procedures prescribed by the Law.

2.    Posting on the e-Noticeboard must be limited to cases where the Service of Process is performed by posting or publication in newspapers, as prescribed by the Law.

3.    The Service of Process notice published on the e-Noticeboard must include the information specified in the Law.

 

Legal Effect of Posting Service of Process Notices on the e-Noticeboard

Article (4)

Posting of Service of Process notices on the e-Noticeboard will have no legal effect, nor will this Resolution be construed as governing the procedures for publishing Service of Process notices on the Courts' official website, as stipulated in Articles (9), (10), (11), (272), (273), (274), and (288) of the Law.

Issuing Implementing Instructions

Article (5)

The competent organisational units within the Courts, each within its own jurisdiction, will issue the instructions required for the implementation of this Resolution.

Publication and Commencement

Article (6)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Dr. Saif Ghanem Al Suwaidi

Acting President

The Dubai Courts

Issued in Dubai on 20 May 2024

Corresponding to 12 Thu al-Qidah 1445 A.H.



©2024 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.