Litigation and procedure · Legal glossary
Statement of claimIn Arabic: صحيفة الدعوى
Definition
A statement of claim (صحيفة الدعوى) is the document that opens a case: it names the parties, states what the claimant wants, and states the grounds. Filing it is what gets the case onto the court list. It is not the judgment, and it is not a settlement.
Saudi Arabia takes the statement through Najiz for the court lists the Ministry of Justice publishes. The UAE federal civil procedure takes it at the Case Management Office, on paper or electronically. Each system rejects a statement that does not identify the defendant.
Saudi Arabia
Najiz files a claim in the general, criminal, civil-rights, commercial, personal-status or labor courts. The filer signs in through National Single Sign-On, enters the classification, the parties and the claim, and attaches what that claim type asks for. A court visit is not required unless a text message asks for one.
The filer needs a national ID, a regular residence permit, a visitor ID or an Umrah ID. An agent needs a valid power that includes the pleading power. A guardian needs a valid guardianship deed. The national address and both parties’ identities are required: without the defendant’s identity the claim cannot be submitted. The service page ties the filing to the Commercial Courts Law, the Sharia Pleadings Law, the Criminal Procedure Law, and the appeals regulations. This page does not restate their articles.
United Arab Emirates
Article 44 of Federal Decree-Law No. 42 of 2022 opens a case by a statement filed with the Case Management Office, on paper or electronically. It must carry each party’s name, identity, occupation, domicile and contacts, an elected domicile if a party has none in the State, the court, the filing date, the subject, the relief, the grounds, and a signature. Each defendant gets a copy. A claim about the validity or cancellation of a contract needs a copy of the contract.
Documents must be in Arabic, or translated by a Ministry of Justice translator. Commercial and labor disputes go through a mediation committee first; if it does not settle, the party takes a no-objection letter and then files. A representative proves the appointment with a notarized power, and only a UAE-national lawyer on the Ministry of Justice roll may appear. The portal says the bailiff notifies the defendant within 10 days of filing.
The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.
Practical points
- Name the defendant exactly as the ID or the commercial registration shows. A trading name with no identity number is how filings get sent back.
- In Saudi Arabia, if a lawyer files, the power must contain the pleading clause (المرافعة). A general power that never mentions court work fails the Najiz condition.
- In the UAE, file Arabic, or a Ministry-approved translation. An English-only exhibit is not the statement.
- Check the pre-action step. Several UAE disputes go through a committee before the court will take the statement.
Common mistakes
- Filing in Saudi Arabia without the defendant’s identity, on the hope the court will look it up.
- Using a UAE power of attorney that was never notarized, or instructing a lawyer who cannot appear.
- Treating the statement as a place to argue evidence at length. It has to carry the parties, the request and the grounds; the documents follow it.
Questions lawyers actually get
Where is a Saudi claim filed?
On Najiz, for the general, criminal, civil-rights, commercial, personal-status and labor courts. The ministry says you do not attend the court unless a text message tells you to.
What if the Saudi defendant is only a trade name?
The Ministry of Justice requires the defendant’s identity before the claim can be submitted. A name with no identity is not enough.
What must a UAE statement of claim contain?
Article 44 requires the parties’ identities and contacts, the court, the filing date, the subject, the relief, the grounds, and a signature. The government portal also requires Arabic, or an approved translation.
Can any lawyer stand up on the claim in the UAE?
No. The government portal limits appearance to a UAE-national lawyer licensed by the Ministry of Justice and entered on the roll, appointed by a notarized power of attorney.
Sources
Checked against these official pages. This is general information, not legal advice. Court fees, limitation periods, and the procedure of Qatar, Bahrain, Kuwait and Oman are not stated here.
- Saudi Ministry of Justice, statement of claim (Najiz)https://www.moj.gov.sa/ar/eServices/pages/928b8f02-19a7-482b-ba0e-29a151d9a900.aspx
- UAE Federal Decree-Law No. 42 of 2022, Civil Procedure Code (official text)https://uaelegislation.gov.ae/en/legislations/1602/download
- UAE government portal (u.ae), civil caseshttps://u.ae/en/information-and-services/justice-safety-and-the-law/Law/litigation-procedures/civil-cases-