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Litigation and procedure · Legal glossary

Statement of defenceIn Arabic: مذكرة الدفاع

Definition

A statement of defence, also called a reply memorandum, is the defendant’s filing with the court. It answers the claim and sets out the defences, the requests and the grounds.

How it varies across the GCC

In a Saudi commercial case the defence is filed at least one day before the hearing (Commercial Courts Law, article 22). Before the general court it is filed three days before the hearing (Law of Procedure before Sharia Courts, article 45). In the UAE the usual name is المذكرة الجوابية. Article numbers in Federal Decree-Law No. 42 of 2022 were not verified, so none are cited.

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.

Sources

Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.

  1. Saudi Commercial Courts Law, art. 22https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/38334008-3b70-4c6c-b3af-aba3016a8061/1
  2. Saudi Law of Procedure before Sharia Courts, art. 45https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/f0eaae46-9f84-40ee-815e-a9a700f268b3/1

Related template

Statement of defence template

A draft answer for a commercial, civil or labour claim. Procedural pleas come before the merits. It is not a criminal memorandum and not an appeal. Have a lawyer in that court review it.

Open the statement of defence template

The claim sets out the facts this memorandum answers: parties, facts, grounds and requests.

Open the statement of claim template

Related terms

  • Statement of claimصحيفة الدعوى
  • Plea of lack of jurisdictionالدفع بعدم الاختصاص
  • Burden of proofعبء الإثبات
All glossary terms

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General information, not legal advice.

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