CODE OF CIVIL PROCEDURE IN KUWAIT
This article will provide guidance on the Code of Civil Procedure in Kuwait. The legal system of Kuwait is a civil law system that combines elements of French law, Islamic law, and Egyptian law. Principles of law and regulation that apply to a given situation are fluid, with frequent shifts in both application and interpretation. In order to ensure the applicability of the law to specific company operations, it is frequently essential to communicate with the appropriate government authorities. Understanding the existing policies and interpretations and the pragmatic approach to resolving these concerns is just as vital as confirming the present statutory and regulatory framework.
The Hague Service Convention simplified serving a party in a non-contracting state. As part of the agreement, each signatory nation must establish a single authority to coordinate international requests for assistance. A request for service of process may be made directly to the competent authorities in the state of origin by a judicial officer authorized to act in such a capacity there. The request is processed by a local court or other organization authorized by the receiving state's central authority as soon as the request is received. After service is accomplished, a certificate of service is sent to the requesting court official.
Kuwait is an independent emirate. The Emir and the Al Sabah family control the country's political system. Kuwait recognizes only Maliki Sunni Islam, a sect of Sunni Islam, as its official religion. Because of its semi-constitutional governance, Kuwait has been called ‘anocratic.’ As an emirate, Kuwait is a sovereign nation. The political structure consists of an elected legislature, an appointed executive branch, and a similarly appointed judiciary. Kuwait's first constitution was drafted and published in 1962.
The executive branch of government is responsible for enforcing laws. The Emir appoints the prime minister, who then chooses the ministers. The Constitutional Court is responsible for ensuring that laws and executive orders are consistent with the constitution. In Kuwait, the public sphere and civil society are flourishing thanks to the country's party-like political and social structures. Members of trade groups like the Chamber of Commerce are immune to regulation from the state.
Kuwait's court system has no religious stance. In contrast to other Gulf Arab nations, Kuwait lacks Sharia courts. Family law cases may be brought before a variety of courts. Kuwait has the most progressive commercial laws among the Persian Gulf states. When Kuwait's Code of Personal Status was published in 1984, it was a major step forward.
Moreover, advising on the interpretation of relevant laws and regulations in Kuwait is complicated by the fact that the procedure for reporting legislation and court decisions is usually confidential. When made public, the system for reporting decisions is not as developed as in other jurisdictions. In addition, unlike in common law countries, there is no absolute body of precedent that can be relied upon in Kuwaiti courts. Kuwait's judicial system has multiple distinct tiers: the General Courts, First Instance Courts, Appellate Courts, and a Supreme Court (or ‘Court of Cassation‘).
HOW IS A CLAIM STARTED IN KUWAIT
Both a civil and a commercial claim have similar beginning processes. In Kuwait, the party seeking legal redress (the ‘plaintiff’) is required to commence the legal proceeding. In civil trials, it is not required that counsel represent each party. In civil procedures, however, if a party retains an attorney, the attorney must be licensed to practice law in Kuwait. To file a claim, you must first submit a statement of claim (together with any necessary supporting papers) to the court clerk. Within five to ten days, depending on the nature of the court circuit the claim is heard by, the original will be sent to the Clerk's Department to execute service on the defendant.
A statement of defense (which may contain jurisdictional objections, procedural and substantive defenses, whether denials or affirmative defenses or counterclaims) and any relevant supporting evidence must be filed by the defendant after the service of the statement of claim. Before the hearing date noted on the paper you were served with, you must submit your defense statement.
Either party may ask the court to appoint an expert to evaluate evidence where there is a genuine question of material fact at stake (or if it deems it appropriate, the court will appoint an expert). The court is assisted in instances involving technical, factual, or financial concerns by a panel of experts assembled by the Ministry of Justice. Evidence testing may be delegated to outside specialists at the Ministry's discretion.
Depending on the scope of the claim and the complexities involved, a single expert or a team of experts may be selected to review the case. The appointed expert(s) conducts an inquisitorial hearing during which the parties are obliged to make various arguments and provide evidence in support of their arguments. If the court decides to accept, the expert's report is entirely up to them. Afterward, the court will usually make a ruling based on the evidence presented in the expert's report. The Court of Appeal hears appeals from lower courts and has the authority to send cases to the Experts' Department for further investigation. The Court of Cassation (Kuwait's highest court) hears appeals from the Court of Appeal exclusively on questions of law.
JURISDICTION AND DISCOVERY IN KUWAIT
Complex business issues (such as those involving engineering and construction) sometimes take two or three years in the lower courts before final judgment is reached; however, it is impossible to predict the length of proceedings with any degree of precision. It may take up to a year for a judgment to be issued by the Court of Appeal once an appeal is filed and another two years for the final review to be completed if the appeal is then filed with the Court of Cassation. Due to this, business legal processes in Kuwait might easily last for six or seven years.
In civil law nations like Kuwait, discovery is not a standard element of the proceedings. The judge is not likely to allow a party's request for broad discovery, and if she does, it will be handled quickly and in a superficial manner. Since Kuwait does not adhere to full disclosure, each side can provide any evidence they choose to support their position.
A party may ask the court to compel the other to provide papers or present evidence, or it may do so on its initiative. In the context of a court case, merely the production of papers may be required. Even if the judge orders it, the method is not intended to help with fishing trips. The interested party must have a valid reason for requesting the contribution, and only a specific set of records should be considered.
Notice to another party (such as a defendant), court, or administrative body to exercise jurisdiction over that person to allow that person to react to the proceeding before the court, body, or other tribunals. Kuwait process service is the act of a third party—a process server—delivering a bundle of court papers (called ‘process’) to the named recipient. As professionals in the field, we are experienced with serving documents in accordance with Kuwait law. Undisputed Legal, a business with years of expertise as a process server in Kuwait, may help you initiate or advance a lawsuit. Both urban and rural regions of Kuwait are covered by Undisputed Legal’s team of local process servers. Our process-serving firm in Kuwait is highly recommended because of its thoroughness and commitment to using the industry's latest, most efficient practices.
An Undisputed Legal, our Kuwait process servers keep our customers updated on the status of their active assignments. Undisputed Legal is happy to assist with serving legal documents and tracing and finding evasive individuals or entities. The Kuwait process servers who work for Undisputed Legal stay abreast of precedent-setting rulings and breaking news to better serve their clients under time constraints.
INTERNATIONAL process SERVICE OF PAPERS IN KUWAIT
In civil and commercial proceedings, process servers in Kuwait follow the multilateral Hague Service Convention, enacted on November 15, 1965, by the Hague Conference on Private International Law in the Netherlands. It was created so that lawyers could have an easy way to serve papers on defendants or other parties who were located in another nation. When it comes to criminal cases, the convention's requirements don't apply to service of process, but they do to civil and commercial ones. If the address of the person to be served is unknown, the Convention also will not apply.
The Central Authority of the State to which the document is addressed must either personally serve the document or arrange for it to be served by an appropriate agency in the manner prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or in the manner requested by the applicant unless such a manner is incompatible with the law of the State to which the document is addressed.
Two Arabic language translations of legal papers must be made available, although the recipient is free to choose the English version if they prefer. Hague Service Convention created a less complicated way for parties to accomplish service in other contracting nations. Each participating state must appoint a single point of contact to handle requests for assistance from citizens of other states in accordance with the convention. It is permissible for a judicial officer authorized to serve state for the purpose of effecting service. Upon receipt of the request, the recipient state's centralized authority will make arrangements for service in a way authorized by the receiving state's laws, usually via a local court. As soon as service is completed, the requesting judicial officer will get a certificate of service from the centralized authority.
Keep in mind that delays in official and informal process service in Kuwait are common due to the country's long-standing traditions. The Central Authority of the State Addressed either serves the document itself or arranges for its service by an appropriate agency, using the method prescribed by its internal law for serving documents in domestic actions on persons who are within its territory or using the method requested by the applicant, unless such a method is inconsistent with the law of the State Addressed.
Papers may be served in Kuwait in a time frame of two to three months. One may also use letters rogatory to alert a person or company of legal action being taken against them or to gather evidence during the discovery process. Although it is more time-consuming than some other options, Letters Rogatory is accepted as a legitimate means of foreign delivery of the process. Due to the fact that many countries are not signatories to the Hague Service Convention, this is often the only legally binding option available.
Kuwait participates in the Hague Service Convention; therefore, legal documents may be served there. Hague Convention Service in Kuwait may usually be completed in under three months (often under one). In many circumstances, your service may be completed more quickly since our seasoned process servers at Undisputed Legal have experience with government officials and members of the Central Authority of Kuwait. We notify you of the progress of your assignment if you submit a request for process service under the Hague Service Convention and are interested in knowing where it stands.
Documents can be faxed at (800) 296-0115, emailed to email@example.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 will receive all documents.
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INTERNATIONAL COVERAGE AREAS:
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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
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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 KUWAIT
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1. The National Assembly is the presiding body of the legislative branch; however, it has very little oversight authority. According to article 107 of the constitution of Kuwait, a new parliament must be elected within two months of the parliament being dissolved. Due to frequent resignations among cabinet members, Kuwait's government must be replaced every eight months. Political turmoil has severely hampered the country's economic development and infrastructure.
2. Al Asimah (Capital Governorate), Hawalli (Farwaniya Governorate), Mubarak Al-Kabeer (Ahmadi Governorate), and Jahra (Ahmadi Governorate) are four of the six governorates of Kuwait. There are also subdivided regions inside the governorates.
3. Before anything else, know that all paperwork must be filed in Arabic. In addition, a judicially certified translation of the papers being translated may be required.
4. The court will grant your request for an expert witness only if it finds that your case requires one.
5. Kuwait University faculty members are the usual source of this knowledge.
6. In addition, the court may, at its discretion, issue a temporary order requiring one of the parties to present more evidence.
7. Two Arabic translations of court documents are necessary, while the receiver is free to accept the English versions if they choose. The process of serving papers often takes less than a year.
8. For proper service in the majority of nations, it is necessary to have the papers translated into the national language. Even if the formal approach is used, the U.S. Department of State still recommends using a translator. It is conceivable, though unlikely that the defendant would submit a demurrer on the grounds that he or she does not grasp the nature and content of the papers at issue since they have not been translated.