EGYPT Law and Practice Contributed by: Mohamed Osama, Hana Elbarbary and Hamza Shehata, Shehata & Partners
can be presented to the head of the panel of the judges. Furthermore, Egyptian law does not define a system for provisional compensation before the elements of compensation have been fully proven in a substantive trial. 4.2 Early Judgment Applications The parties may resort to the interim measures judge to rule provisionally, however, without prejudice to the right of the subject matter of the case. This includes requesting the interim measures judge to appoint an expert to prove the status quo of the case or to appoint a judicial sequestrator (Article 45 of the Procedural Code and Article 133 of the Evidence law). Further, if a party has a right that is established in writing and is due, and this right comprised an established sum of money, then the concerned party will be entitled to request the competent judge to order the payment of such a sum. If the competent judge decides not to grant such an order, then the judge will be required to set a hearing for adjudicating this matter after notify- ing the debtor in question. It must be noted that this order is usually rejected in practice and a hearing is usually set for adjudicating this mat- ter (Articles 201, 202, 203, 204 and 209 of the Procedural Code). 4.3 Dispositive Motions The Egyptian law does not have an equiva- lent notion to dispositive motions in common law countries. However, Articles 82 and 84 of the Procedural Code discuss cases where the court itself can sua sponte dismiss a lawsuit. This can be seen in trials where the plaintiff and the defendant have failed to appear before the court; then the court can issue its ruling on the
case if the case can be ruled on; otherwise, the court will dismiss the case. 4.4 Requirements for Interested Parties to Join a Lawsuit Any interested party may join a lawsuit by join- ing one of the parties or requesting a ruling for themselves in the lawsuit. This joining shall be through the usual proce- dures for filing a lawsuit before the day of the hearing or by a request submitted orally during the session in the presence of the parties and is recorded in the hearing minutes. These joining requests may not be accepted after the door for filing memorandums is closed by the court. 4.5 Applications for Security for Defendant’s Costs This notion does not exist under Egyptian law. 4.6 Costs of Interim Applications/ Motions The plaintiff shall pay the costs of interim meas- ures applications, taking into account that they are mostly fixed fees, and they are usually small fees. 4.7 Application/Motion Timeframe The Procedural Code sets maximum dates for hearing sessions and their postponements, which are 15 days before the Court of First Instance and eight days before the Partial Courts. In case of necessity, these two periods of time may be reduced to three days and 24 hours, respectively. The time limit for appear- ance in urgent cases is 24 hours, and in case of necessity this time may be shortened and made to the following hour (Article 66 of the Procedural Code). However, there is no specific timeframe for completing the sessions themselves, as the legislature did not specify the number of specific
391 CHAMBERS.COM
Powered by FlippingBook