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Statement of defence template (Word & PDF)
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For a defendant and counsel answering a commercial, civil or labour claim in a GCC court. It orders procedural pleas before the merits and records the Saudi filing deadlines. It is not a criminal memorandum and not an appeal.
Sources: 3 official sourcesNot legal advice
What this template includes
Procedure before merits, and filing before the hearing
- Commercial Courts Law(https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/38334008-3b70-4c6c-b3af-aba3016a8061/1)
- Law of Procedure before Sharia Courts(https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/f0eaae46-9f84-40ee-815e-a9a700f268b3/1)
- Law of Evidence(https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/2716057c-c097-4bad-8e1e-ae1400c678d5/1)
A statement of defence, also called a reply memorandum, in Arabic and English for a commercial, civil or labour case. Procedural pleas come before the merits, and in Saudi Arabia the memorandum is filed before the hearing. The claimant’s form is the statement of claim template, and the authority to appear is the power of attorney template. See statement of defence and plea of lack of jurisdiction. It is not a criminal memorandum and not an appeal. This is a starting point. Have it reviewed by a lawyer licensed in the relevant jurisdiction before you use it.
How the memorandum is ordered
Heading and parties, then what the claimant asks, then invalidity, territorial jurisdiction and transfer, then admissibility and the claim not being heard, then the reply to the facts, then evidence, then an incidental request if there is one, then dismissal. For the grounds see legal research.
- Saudi commercial court: at least one day before the hearing, except urgent applications (Article 22).[1]
- General court: three days. Other courts: one day (Article 45). A procedural plea before any defence, or it is waived (Article 75).[2]
- Proof is on the claimant. The defendant takes the decisive oath and may refer it back.[3]
- UAE: Decree-Law No. 42 of 2022, with no article number. Bahrain, Qatar, Kuwait and Oman: the procedure statutes were not checked.
The template
Statement of defence
A reply memorandum in a commercial, civil or labour case in the GCC. It is not a memorandum in a criminal case, and it is not an appeal. Replace every [bracket]. This is a starting point. Have it reviewed by a lawyer licensed in the relevant jurisdiction before you use it.
To the [court] in [city], circuit [●]. Case no. [●]. Hearing [date]. Type: [commercial / civil / labour].
Drafting note
Delete “criminal”. This memorandum is not prepared for a criminal case.
Defendant: [name, identity or registration, address]. Attorney: [name, power of attorney no.]. Claimant: [name, address].
Drafting note
If an attorney appears, attach a power that is in force and covers advocacy. Draft the powers with the power of attorney template.
The claimant sues for [●], relying on [●]. The facts are read as they stand in the statement of claim, not as the defendant wishes they were.
- (1) Invalidity of the statement of claim: [the defect / not raised].
- (2) Lack of territorial jurisdiction: [● / not raised].
- (3) Transfer: [to ● / not requested].
- (1) No standing or no interest: [● / not raised].
- (2) The claim is not heard because time has passed: [● / not raised].
- (3) No prior notice where one is required: [● / not applicable].
Drafting note
Where a Saudi text says the claim is not heard, say that. Do not write that it is time-barred if the statute uses the other formula. See statute of limitations. The prior notice may be the legal notice or a notice of default.
- (1) Reply to fact [●]: [denial or a partial admission].
- (2) Reply to ground [●]: [●].
- (3) [External cause / performance / payment / set-off], if it applies: [●].
Drafting note
One reply for each paragraph of the claim. Do not fold the facts into a single block.
The claimant proves what is claimed, and the defendant may disprove it. The defendant asks for: [an expert / questioning / a decisive oath / none of these].
[No incidental request / the defendant asks for ● relying on ●]. Counterclaim, if any: [●].
Drafting note
Do not add a counterclaim to delay the hearing. State its ground or delete the paragraph.
- (1) Dismiss the claim.
- (2) Order the claimant to pay costs, where that is available.
- (3) [Compensation for a vexatious claim / not requested].
Filed by: name [●] · capacity [principal / attorney] · power of attorney no. [●] · signature [●] · date [●]
Attachments: Annex 1.
File this memorandum before the hearing fixed for [date], on the deadline that applies to this court, not on the day of the hearing.
Notes for Saudi Arabia
The Commercial Courts Law, the Law of Procedure before Sharia Courts, and the Law of Evidence.[1][2][3]
| Point | Text |
|---|---|
| Commercial court | Other than in urgent applications, the defendant files a memorandum with the answer, pleas, requests and grounds at least one day before the hearing (Article 22).[1] |
| Procedure | Filing is three days before the hearing in the general court, and one day in the other courts (Article 45).[2] |
| Waiver | A plea of invalidity of the claim, lack of territorial jurisdiction, or transfer is raised before any request or defence, or it is waived (Article 75).[2] |
| Subject-matter jurisdiction | Read it in the Commercial Courts Law. This page states no article number and no time for the decision.[1] |
| Vexatious claim | A sham or vexatious claim is dismissed, and a discretionary penalty may be imposed (Article 3).[2] |
| Proof | The claimant proves the claim and the defendant may disprove it (Law of Evidence, Article 2).[3] |
| Oath | The defendant takes the decisive oath to defeat the claim, and may refer it back (Article 92).[3] |
Notes for the United Arab Emirates
No article number. The usual name is a reply memorandum or a response.
| Point | What is said here |
|---|---|
| The law | Federal Decree-Law No. 42 of 2022 regulates the exchange of memoranda and pleas. No article number is stated. |
| The name | “Reply memorandum” or “response” is the usual usage, alongside “statement of defence”. |
| The deadline | Take the filing deadline from the court regulations or the circuit’s order, not from this page. |
Bahrain, Qatar, Kuwait and Oman
- Bahrain: the civil and commercial procedure law was not checked. Take the deadline from a Bahraini lawyer.
- Qatar: the civil and commercial procedure law was not checked.
- Kuwait: the civil and commercial procedure law was not checked.
- Oman: the civil and commercial procedure law was not checked.
Annex 1: Attachments
Describe each document. Attach the notice or the release if a plea rests on it.
| No. | Description | Type |
|---|---|---|
| 1 | [Description] | [Contract / notice / release] |
| 2 | [●] | [●] |
| 3 | [●] | [●] |