KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
4.7 Application/Motion Timeframe In Kuwait, the length of time it takes a court to consider an application or motion can vary based on several variables, such as the case’s complexity, the type of application, and the judg- es’ availability. Also, there may be chances for appeals following a preliminary ruling on an application or motion, which could further lengthen the duration of the court case. If a party believes that an application or motion requires urgent attention, to prevent irreparable harm, they can request that the court expedite its consideration. Kuwait does not have a formal system of pre-trial discovery in civil cases similar to the extensive discovery procedures found in some other legal systems, such as the United States. Instead, the process of obtaining evidence is often more reliant on the court’s involvement rather than being solely litigant-driven. During the initial stages of a lawsuit, parties in civil cases would submit to the court or its appointed expert all documents and evidence relevant to their case. The court would then manage and facili- tate the process of evidence collection. Upon its own discretion, or a party’s request, the court may order the production of specific documents or information if it is considered necessary for the resolution of the case. In that sense, parties are expected to present their case and relevant evidence during the trial rather than engaging in extensive pre-trial discovery procedures. 5. Discovery 5.1 Discovery and Civil Cases
selves, thereby joining the lawsuit as an inde- pendent third party, as outlined in Article 87. Finally, as per Article 88, the court, even of its own accord, may permit the involvement of any party it deems necessary in the interests of jus- tice. 4.5 Applications for Security for Defendant’s Costs Indeed, a defendant in Kuwait may file an appli- cation for an order directing the claimant or plaintiff to provide a certain amount of money as security for the defendant’s expenses. If the plaintiff’s claim is unsuccessful, a security for costs order serves to shield the defendant from the possible costs of litigation, including attor- ney fees and expenses. The court may grant this order if it finds that there is a reasonable suspi- cion that the plaintiff might not be able to pay the defendant’s expenses. The court will evaluate the application and consider the circumstances of the case before deciding whether to grant this order. 4.6 Costs of Interim Applications/ Motions Like in many legal systems, the general rule in Kuwait is that “costs follow the event”. Legal fees, court fees, and other relevant charges could be included in these costs. The intricacy of the application, the behaviour of the parties, and the nature of the issues in dispute are some of the variables that may have an impact on the court’s evaluation when decid- ing how much in costs to award. To discourage exploitation of the legal system, the court may impose extra fees or penalties on the party filing an application if it is determined to be frivolous or vexatious.
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