Resolution No. (9) of 2024
Concerning
Posting of Service of Process Notices on
the Official Website of the Dubai Courts[1]
ـــــــــــــــــــــــــــــ
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.
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. |
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.
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.
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.
The competent organisational units within the Courts, each within its
own jurisdiction, will issue the instructions required for the implementation
of this Resolution.
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.