SAUDI ARABIA Law and Practice Contributed by: Andreas Haberbeck, Derayah LLPC
4.6 Costs of Interim Applications/Motions To the extent that costs are awarded, this takes place upon final judgment. 4.7 Application/Motion Timeframe There are no fixed time limits for rulings on ordinary motions. Expedited applications may be made for: • a survey for proof of status;
It is possible to consolidate claims with an ongoing class action. Before a class action proceeds to trial, a settlement offer must be made to, and considered by, the claimants. 3.8 Requirements for Cost Estimate There are no requirements to provide clients with a cost estimate prior to litigation. It is common to con- duct litigation on a contingency or fixed fee basis.
• prohibition on travel; • a stay of new works; • judicial custodianship; • preservatory attachment; • obtaining a product sample; • preservation of specific documents;
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
Saudi Arabian legal actions proceed in a series of short hearings and one can make applications at any stage of the proceedings. 4.2 Early Judgment Applications Applications to dismiss a case based on an arbitra- tion agreement or submitting disputes to the courts of another jurisdiction must be filed before any substan- tive defence is presented. Once a substantive defence is lodged, the defendant is deemed to have acqui- esced to the court’s jurisdiction, although the court can still dismiss the case on jurisdictional grounds. There are no mechanisms for summary judgment. 4.3 Dispositive Motions It is common for defendants to contest proceedings on the grounds that the Saudi Arabian courts lack geographic jurisdiction over a given dispute or that the dispute should be heard before a different Saudi Arabian court or judicial tribunal. 4.4 Requirements for Interested Parties to Join a Lawsuit A party with an interest in the subject matter of a dis- pute may file a petition or make an oral request to the court to join as a claimant or defendant. Judges also have the discretion to join an interested party to proceedings without the party having made an appli- cation to join. 4.5 Applications for Security for Defendant’s Costs There is no security for costs in Saudi Arabian legal proceedings.
• prohibition on disposal or permitting the same; and • applications having the status of urgency in com- mercial regulations. Before the Commercial Courts, rulings on expedited applications must be made within three days from the date of referral.
5. Discovery 5.1 Discovery and Civil Cases
There is no general discovery of documents in Sau- di Arabian legal proceedings. As a general rule, the claimant must substantiate their case on the basis of the documents in their possession, and the defendant must defend the case on the basis of the documents in their possession. Under the Evidence Regulation, 2021, a party may request disclosure of a document if the other party has relied on it in the proceedings, or if it is a “joint document”, such as a document in favour of both par- ties or evidence of their mutual rights and obligations. In commercial cases, a party has a broader right to request that the opposing side disclose a document connected to the action. Such documents must be particularised by specific identity or by type; they must have a connection with the commercial transaction or result in a fact therein being brought to light; and they must not be of a con- fidential character. A plea of confidentiality must be
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