In the UAE, civil cases are heard in the civil courts, and the procedures for filing and litigating these cases are governed by the UAE Civil Procedures Law. In some cases, a civil case may be dismissed by the court, which means that the case is closed and the parties are not permitted to continue with the litigation. However, there are certain circumstances under which a dismissed civil case may be reopened.

One such circumstance is if new evidence comes to light that was not available at the time of the original trial. If this evidence is deemed to be significant and could have affected the outcome of the case, the court may agree to reopen the case to consider the new evidence. Similarly, if there is a procedural error in the original trial that was not discovered until after the case was dismissed, the court may also agree to reopen the case to correct the error.

It is important to note that not all dismissed civil cases can be reopened, and the decision to reopen a case is ultimately up to the court. Additionally, there may be time limits for filing a request to reopen a case, so it is important to act quickly if you believe that your case should be reopened. In this article, we will explore the circumstances under which a dismissed civil case may be reopened in the UAE and what steps you can take if you believe that your case should be reopened.

Reasons for Dismissal of Civil Cases in UAE

The UAE court system is designed to facilitate alternative methods of dispute resolution before filing a civil case. However, if a civil case is filed, it may be dismissed for several reasons. Some of the common reasons for dismissal of civil cases in UAE are:

  • Frivolous lawsuits: If the judge deems the lawsuit frivolous or without merit, the case may be dismissed. A frivolous lawsuit is one that lacks any legal basis or is filed with the intention of harassing or annoying the defendant.
  • Lack of jurisdiction: If the court does not have jurisdiction over the case or if the case falls under the jurisdiction of another court, the case may be dismissed.
  • Statute of limitations: If the plaintiff fails to file the case within the specified statute of limitations, the case may be dismissed.
  • Settlement outside of court: If the parties settle the case outside of court, the case may be dismissed.

It is important to note that if a civil case is dismissed with prejudice, it means that the case cannot be brought back to court. A case may be dismissed with prejudice if there is a reason for the case not to be brought back to court, such as if the matter under consideration is resolved outside of court or if the judge deems the lawsuit frivolous.

On the other hand, if a case is dismissed without prejudice, it means that the plaintiff may refile the case at a later time. A case may be dismissed without prejudice if the plaintiff fails to comply with court rules or if the case is dismissed for technical reasons.

Conditions for Reopening a Dismissed Civil Case in UAE

Dismissal of a civil case can happen due to various reasons such as non-appearance, lack of evidence, or procedural errors. However, in some cases, it may be possible to reopen a dismissed civil case in the UAE. The following are the conditions that must be met for the reopening of a dismissed civil case in the UAE:

  • The dismissal order must be final and not subject to appeal.
  • The application for reopening must be filed within 30 days from the date of the dismissal order.
  • The applicant must provide new evidence or facts that were not available at the time of the initial hearing.
  • The applicant must provide a valid reason for not presenting the new evidence or facts at the initial hearing.

It is important to note that the decision to reopen a dismissed civil case in the UAE is at the discretion of the court. The court will consider the circumstances of the case and the reasons for the dismissal before deciding whether to reopen the case.

Furthermore, the reopening of a dismissed civil case does not guarantee a favorable outcome. The court will still hear the case on its merits and make a decision based on the evidence presented.

It is advisable to seek legal advice from a qualified lawyer in the UAE before filing an application for the reopening of a dismissed civil case. A lawyer can provide guidance on the legal procedures and requirements for reopening a dismissed civil case and can represent the applicant in court.

Procedure for Reopening a Dismissed Civil Case in UAE

Under UAE law, a dismissed civil case can be reopened if certain conditions are met. The procedure for reopening a dismissed civil case in UAE is as follows:

  1. File a Request for Reconsideration: The first step to reopen a dismissed civil case is to file a request for reconsideration with the court that dismissed the case. The request must be filed within 30 days from the date of the dismissal order. The request should state the reasons why the case should be reopened and must be supported by evidence.
  2. Pay the Required Fees: Once the request for reconsideration is filed, the petitioner must pay the required fees to the court. The fees vary depending on the type and complexity of the case. The court will not consider the request until the fees are paid in full.
  3. Wait for the Court’s Decision: After the request for reconsideration and the fees are submitted, the court will review the case and make a decision. The court may either grant or deny the request. If the request is granted, the court will issue an order to reopen the case and set a new hearing date.
  4. Attend the New Hearing: If the court grants the request for reconsideration and reopens the case, the petitioner must attend the new hearing. The petitioner must present their case and evidence to the court. The court will then make a decision based on the evidence presented.

It is important to note that not all dismissed civil cases can be reopened. The court will only consider reopening a case if there is new evidence or circumstances that were not available at the time of the original hearing, or if there was a procedural error in the original hearing. Additionally, the court has the discretion to deny a request for reconsideration if it believes that the case has no merit or if the petitioner has not provided sufficient evidence to support their claim.

In conclusion, reopening a dismissed civil case in UAE is possible, but it requires following a specific procedure and meeting certain conditions. If you believe that your dismissed civil case has grounds for reconsideration, it is important to consult with a legal professional to determine the best course of action.

Conclusion

Reopening a dismissed civil case in UAE is possible, but the process is complex and requires meeting several conditions. The UAE courts allow parties to file a request to restore a dismissed case within 30 days from the date of the judgment. However, the court may reject the request if the applicant fails to provide a valid reason for the non-appearance or delay in submitting the request.

Additionally, if the case was dismissed due to a procedural defect, the applicant must correct the defect before filing the request to restore the case. The court may also require the applicant to pay a fee to restore the case.

It is important to note that restoring a dismissed case does not guarantee a favorable outcome. The court will hear the case again and may reach the same decision as before. Therefore, it is crucial to seek legal advice before filing a request to restore a dismissed case.

In conclusion, while it is possible to reopen a dismissed civil case in UAE, it is a complex process that requires meeting several conditions. Seeking legal advice and ensuring all requirements are met can increase the chances of a successful restoration of the case.