RIYADH: Judges and law experts said that court summons detailing a criminal or civil case delivered to defendants would lead to fewer sessions because defendants can prepare their evidence better and be prepared. Currently, no such details are contained in court summons, leading to numerous delays in cases being heard.
Judges say that Section 3 in the Article 14 of the Sharia Pleading Regulation stipulates attaching a copy of the declaration that includes the details of the case to the summons, whether the defendant is Saudi or expatriate and regardless of whether they live in Saudi Arabia. By following the law, processing cases will take less time but still allow individuals adequate time to present evidence and a defense.
Summons currently do not contain facts of the case because the information from the plaintiff would be presented to the defendant in court. However, some information provided by the plaintiff may be erroneous, leading to confusion and delays. A Shoura Council member said that this procedure may be amended in the new pleading regulation to be approved soon.
Several people who received summons say the procedure caused them “trouble” because there is no information about the case, its background and facts that prevents them from preparing a defense.
Lawyer Meshal Al-Shareef said most of the country’s courts use brief summon letters with little information. The brief information would include weak facts, which eventually leads to the defendant rejecting and appealing the verdict.
Lawyer Abdulaziz Al-Zamil said that verdict is based on the facts, so if they were weak, then the verdict would also be weak.
“A judge must clarify the facts so when the verdict is issued, the defendant would accept it the number of appeals would drop,” Al-Zamil said.
The Human Rights National Society in one year received 110 cases including objections to verdicts, demands for reexamining cases and demands for compensation.
Society member legal consultant Khaled Al-Fakhri said that these cases are received because the defendants did not know the right procedures under Sharia Pleading Regulation.
“Objections should be filed with judges at courts,” he said.
Ministry of Justice Judge Sheikh Naser Al-Dawoud said that summoning a defendant without stated facts is illegal. The details of the case must be attached for the defendant to be prepared.
Former Administrative Court judge Mohammad Al-Jathlani said if the detailed information of the case is not attached in the summon letter then the procedure is a violation of regulation.
Summons must include details of the case
