CODE OF CIVIL PROCEDURE IN JORDAN

This article will provide guidance on the Code of Civil Procedure in Jorda. Judicial independence is guaranteed under Jordan's constitution, making it one of the country's three distinct and autonomous bodies of government. The current legal system of Jordan is founded on the Constitution, the Court Establishment Law of 1951, a civil and criminal code, and in certain circumstances, Islamic and ecclesiastical legislation. Many different legal traditions have shaped its jurisprudence. Codes of legislation established by the Ottoman Empire served as the basis for the system (based on French law). During the mandate, British law was applied in addition to these. Muslim legal precedents have also significantly impacted the development of law in Europe in several ways.

By using the Undisputed Legal client interface we have in place, our Jordan process service is able to keep our customers up-to-date on the status of their active assignments at any given time. Our Jordan process servers comply with international process service requirements, although many variables come with serving legal papers abroad. We can guarantee that your papers comply with domestic law and Hague Service requirements and provide detailed updates on where your documents can be. We have served papers in over eighty countries across the globe, and urgent orders are no bar for service.  

BACKGROUND

Jordan has three primary sorts of courts: the Civil Courts, the Military Courts, and the Religious Courts. Civil courts hear and decide all matters not exclusively reserved for other courts.  Cases involving misdemeanors and other minor offenses with potential sentences of two years or less are within the purview of the Magistrate's Court. They also consider cases involving civil law if the amount in dispute does not exceed JD750. In the end, they decide on instances involving evictions and trespassing claims. Two or three judges rule most Jordanian towns. In the Magistrate's Court, a single judge hears both civil and criminal cases.

Cases that are too serious for the Magistrate's Court but not handled by other specialized courts may be heard by the Court of First Instance. They also handle civil cases if the amount in dispute is more than JD 750 and those that cannot be tried in a lower court. All criminal cases where a sentence of one week or less (or a fine not exceeding JD 10) was imposed are also heard on appeal by the Courts of First Instance. 

In criminal matters, appeals of crimes are heard by the Courts of Cassation (or Supreme Court), while in civil cases, appeals of judgments of more than JD 500 are heard by the Courts of Cassation. The President of the Court has the authority to hear appeals in other matters via the granting of special permission. As a High Court of Justice, the Court also reviews habeas corpus applications (which request the release of a prisoner on the grounds of wrongful incarceration). In addition, a private tribunal decides which court has jurisdiction over a matter when there is a dispute about which court has jurisdiction. The Court of Cassation is made up of a maximum of fifteen judges. Five separate judges typically hear each case.

CIVIL LAW PROCEDURE IN JORDAN

A letter of summons and a filing fee equal to three percent of the amount being sued must be submitted to the court registry in order to initiate a lawsuit. It is important to remember that delays in official and informal process service in Jordan are common due to the country's longstanding traditions and customs. We provide expedited service to the best ability at Undisputed Legal, and our Jordan process servers and centralized authorities may be able to reduce delays in spite of the conditions. 

The defendant will receive the summons from the Court through the Court's official process servers. If the defendant cannot be located, the summons may be left with a close family or at their normal residence. The court issuing the verdict, the date it was issued, where it was issued, the names of the judges who participated in its issuance and attended the session where it was rendered, the full names of the litigants, and whether or not they were present. The names of their lawyers should all be included. The resolution must also include a concise description of the facts of the case, the parties' respective claims and counterclaims, the parties' primary arguments, and the resolution's rationale and phrasing.

SERVICE OF PROCESS IN JORDAN

If the court rules in one party's favor, that party will also get compensation for their fees and costs incurred as a result of the case. During the litigation, the Court may also decide on the costs associated with any individual petitions or sessions at the request of any of the parties without prejudicing any future judgment regarding costs that may be given. Neither an application nor a dispute will be approved if the applicant does not stand to gain a benefit recognized by law.  Unless required and with formal authorization from the Court, no service (of notice) or execution may be made before 7:00 am or after 7:00 pm; or on public holidays.

Bailiffs must make most services. However, whoever performs the service must also keep a record of it and sign and date it. Additionally, if the person who has to be served lives elsewhere in the Kingdom, the documents must be sent to the court in that region for service. Then the issuing court must be informed of the outcome and a copy of the court's minutes detailing the steps taken to effect service.

For private process servers, the Minister of Justice may suggest that the Council of Ministers approve a private entity or companies to handle the process service on the government's behalf.  The Company employee who performs the service procedure will be considered a bailiff in the performance of these duties. Whoever servers papers, a copy of the legal documents to be served should be delivered to the person at their last known address.

Suppose the Bailiff is unable to locate the person to be served at their residence or place of business. In that case, the document must be delivered to an adult member of the person's immediate family, including parents, children, spouses, and siblings (brothers and sisters), provided no conflict of interest exists. If the bailiff cannot locate an individual to whom they can deliver the papers or if the individual refuses to sign the report of delivery, then the bailiff must post a copy of the judicial paper at the front door or other conspicuous location where the individual can be found, or at his place of employment in the presence of at least one witness. A copy of the service document and an appropriate explanation of the current situation must be returned to the issuing Court.

SERVICE OF PAPERS IN FOREIGN PROCEEDINGS

Suppose the person to be served lives in a foreign nation, and their location there is known. In that case, the documents will be given to the Ministry of Justice so that they may be served via diplomatic channels or by legal measures chosen in the Country where they live. If the Court is satisfied that the documents were served in accordance with the proper procedures, it will go forward with the matter when they are returned to the Court. However, if the court determines that the bailiff was negligent or improper in performing this duty, the bailiff might face a punishment of JD 20 (about USD 3) to JD 50 (around USD 13). 

At Undisputed Legal, our process servers will send the papers in compliance with domestic and international requirements, which will often entail the signature of the person to be served on the service notice or their refusal to sign on the documents.  We only use methods of service recognized by courts everywhere through our professional, seasoned, and licensed process servers operating on a global scale.

Private Process servers deliver legal documents informally (in person) to the firm's or individual's address in nations where official process service techniques are not accepted. We can rapidly locate the right address for a person or company if you do not have it. Legal papers may be served informally (in person) in many countries, just as in the United States or the United Kingdom. However, owing to private security or other regularly utilized services to prevent delivery of legal papers, it may take longer to serve distant places (particularly in countries outside of North America). 

You may be confident that we will keep you informed as the process service assignment progresses. Our process servers typically take less than four weeks to complete an informal (personal) service assignment. They may try service the next day in jurisdictions including the United States, the United Kingdom, Canada, and more. If you need legal papers to be served in Jordan, please get in touch with us using the provided forms on this page. Please note that this is the correct technique of procedure service for U.S. military people.

You may also use letters rogatory to alert a person or company that legal action will be taken against them or to acquire evidence during the discovery process. Although it's not as quick as other options, Letters Rogatory is accepted as a legitimate means of serving legal documents internationally. Since many countries are not signatories to the Hague Service Convention, this is often the only legal option.

Undisputed Legal's Jordan process servers stay up on legislative developments and breaking news to better assist clients with time-sensitive matters. We also provide the option of informal service, which may save you months compared to the Hague Convention's official service process.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida| Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island| South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados| Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People's Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany| Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland| Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia| Lithuania| Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia| Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay| US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN JORDAN

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Jordan process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives" - Foster, William A

Sources

1. There are two judges for criminal cases and one for civil cases. There are branches in the capital city of Amman and several other important urban centers.

2. Muslims are governed by Sharia (the Islamic legal code), and a Sharia court system exists to settle legal issues. Cases involving Christian community members are dealt with by several ‘Councils’ within the major Christian Sects (such as the Greek Orthodox Church, the Roman Catholic Church, and the Armenian Catholic Church). The civil courts handle matters between Protestants and members of other faiths, using the religious law of the nearest religious community.

3. The military court hears cases involving all types of misconduct by military members. The Chief of the Defense Forces must sanction the penalty in such circumstances.

4. Should the plaintiff prevail in court, the defendant will be responsible for this cost. The losing party may also have to pay the court's legal expenses.

5. When an application is filed to take preventative measures against a potentially devastating danger (damage) or to establish a right out of a justified concern that its supporting documents would be destroyed during a legal battle, this demonstrates a prospective interest.

6. All of the following information is required to be included in the service document 

  1. The day, month, and year, together with the time of service.
  2. The name, address, and, if applicable, representative(s) of the party seeking assistance.
  3. The court or party whose order necessitated the service be made.
  4. The entire name of the person being summoned (served), their address, and any authorized representative.
  5. Signature and the full name of the bailiff or person issuing the summons on both the original and the ‘true’ copy 
  6. The recipient's name and signature on the original confirm receipt of the notification or explain why they did not get it and provide an explanation.

7. The Company will need a specific by-law to carry out its duties in accordance with the terms of this agreement.

8. Any citizen or resident of a country subject to the jurisdiction of the Court may appoint an agent to receive service of process on his behalf. Any assignment, whether broad or specific, must be made in writing, signed by the principal in the presence of the Chief Clerk, and filed with the case files.

9. If the Bailiff knows that more documents than the court paper need to be served, he or she must issue a statement directing the person to be served to appear at the Clerk Bureau of the Court. Putting a piece of paper in this slot will be a legal act.

10. Generally speaking, legal papers must be translated into the country's national language where they are to be served. The U.S. Department of State suggests it, although the translation is not required unless the formal approach is used. Even though it's not common, a demurrer may be made because the defendant doesn't grasp the nature or content of the papers since they weren't translated. Defendant has to grasp the paperwork at hand fully.