EGYPT Law and Practice Contributed by: Mohamed Osama, Hana Elbarbary and Hamza Shehata, Shehata & Partners
Egypt, or concerning a bankruptcy registered in Egypt; and • if one of the defendants has a domicile or a residence in Egypt. 3.4 Initial Complaint The plaintiff submits its statement of claims for filing the case with the administration at the competent court and attaches with it the sup- porting documents (Article 65 of Procedural Code). An estimate of the fees is determined, and after the payment of the fees, the statement of claim shall be registered and shall be given a judicial number, and the date of the first hearing shall be determined. As to the modification of requests within the pro- ceedings, the litigants may request the judge to amend the requests and/or add new requests before the court of first instance until the closure of the proceedings (Articles 123, 124 and 125 of Any notices shall be done by the court bailiffs at the request of the plaintiff, or the request of the court administration or based on the court order. The plaintiff or its agents shall direct the proceedings and submit its memorandums to the court bailiffs for notification or execution. The memorandums to be notified shall be handed over to the person themselves or at their domi- cile and may be handed over in the chosen domicile in the circumstances specified by law. If the court bailiff does not find the person whose notification is sought in their own domicile, the court bailiff must hand over the memorandum to a person who declares to be their agent or their spouse, their relative or their in-law. the Procedural Code). 3.5 Rules of Service
If the court bailiff does not find any person to whom the notice may be delivered in accord- ance with the above or finds such a person but the latter refuses to receive the copy of the memorandum, the court bailiff shall, on the same day, hand the memorandum over to the warden of the police department in which the defendant domicile is located. Within 24 hours, the court bailiff shall send the defendant at their domicile or their chosen domicile a registered letter with another copy of the statement of claim, inform- ing them that the copy has been handed over to the police department. The notice shall have its effect from the time the copy was handed over to the recipient legally as per the above rules. If the opponent cancels their original or chosen domicile and does not inform their opponent, the notices shall be deemed in effect if service is made to such an original or chosen domicile. The copy shall, where appropriate, be delivered to the concerned administrative entity in accord- ance with the above rules. If the domicile to which the notice should be sent is unknown, the notice must include the last known domicile in Egypt or abroad and submit its copy to the public prosecution office. In all cases, if the court bailiff does not find whoever is eligible to receive the notice or such an eligible person refused to receive the notice, then the court bailiff shall document such an incident in a timely manner and deliver the copy to the Public Prosecution Office (Articles 5, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17 and 18 of the Procedural Code). Persons residing outside Egypt shall be notified by diplomatic means (Article 13, paragraph 9 of Procedural Code). The notice shall be consid- ered effective as soon as the copy of the notice is handed over to the Public Prosecutor’s Office, which is responsible for notifying abroad through
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