Legal & Regulatory

Appeal

Synonyms: Appellate Review، Objection to Judgment، Request for Review

Last updated: 2026-09-25

Short Definition

An appeal is the ordinary way of challenging a first-instance judgment before a court of appeal: the party against whom judgment was given, or whose requests were not fully granted, asks for the ruling to be reversed or amended, and the review may also end with the judgment being upheld.

Overview

An appeal is the ordinary way of challenging a first-instance judgment before a court of appeal: the party against whom judgment was given, or whose requests were not fully granted, asks for the ruling to be reversed or amended, and the review may also end with the judgment being upheld. Under Saudi law it is one of three methods of objecting to judgments, alongside cassation before the Supreme Court and a petition for reconsideration (Article 176 of the Law of Civil Procedure). The appeal period is thirty days, or ten days in urgent (summary) matters (Art. 187), running from receipt of a copy of the judgment deed. The objection is made by a brief deposited with the court that issued the judgment, stating the judgment details, grounds of objection and the appellant’s requests (Art. 188); that court may reconsider its ruling in light of the grounds and either affirm or amend it (Art. 189). By default the appeal is reviewed on the papers without a hearing unless the opposing party asks for one, and the court of appeal may also decide on its own to hold hearings (Art. 185). New claims are not accepted on appeal (Art. 186). After the appeal ruling, a party may seek cassation before the Supreme Court within thirty days (fifteen in urgent matters) on limited grounds, such as violation of Sharia or statutory law, lack of jurisdiction, or mischaracterisation of the case (Arts. 193–194); a cassation request does not stay enforcement unless the Supreme Court orders it (Art. 196). For rental disputes this means that an eviction or rent judgment from the General Court becomes final only when the objection period lapses or the court of appeal rules, unless it carries expedited enforcement.

Legal Basis

Law of Civil Procedure issued by Royal Decree M/1 dated 22/1/1435H, Part 11 (Methods of Objecting to Judgments): Article 176 (methods of objection), Articles 185–192 (appeal, its deadline and procedure), Articles 193–199 (cassation before the Supreme Court) and Articles 200–204 (petition for reconsideration). The Law’s implementing regulations govern the details of filing the objection brief and service.

Practical Example

The General Court in Riyadh orders a tenant to pay SAR 42,000 in rent arrears and vacate the flat. Once the tenant receives the judgment copy he has thirty days. On day 28 he deposits an objection brief with the same court, arguing that he had paid SAR 12,000 by bank transfer which the court overlooked, and attaches the bank statement. The issuing circuit affirms its ruling and sends the file to the court of appeal, which reviews it on the papers, reduces the amount to SAR 30,000 and upholds the eviction; the judgment is now final. Had the tenant filed on day 31, his right of appeal would have lapsed and the judgment for SAR 42,000 would have become final.

Common Mistakes

  • ✗Filing after day thirty — the right of appeal lapses and the judgment becomes final.
  • ✗Raising new claims that were not put to the first-instance court — Article 186 bars them on appeal.
  • ✗Writing a generic objection brief without specific grounds — the errors in the judgment and the requests must be stated clearly and supported with documents.
  • ✗Assuming an objection always stays enforcement — judgments with expedited enforcement are enforced despite objection, and cassation does not stay enforcement unless the Supreme Court orders it.
  • ✗Confusing appeal with cassation — cassation is not a re-examination of the facts but rests on limited grounds such as violation of Sharia or law, or lack of jurisdiction.

International Differences

Most systems offer two levels of challenge: an appeal reviewing facts and law, then recourse to a supreme court on points of law. In Egypt this is the Court of Cassation; in Turkey appeals (istinaf) go to regional courts and then cassation (temyiz) to the Court of Cassation; in the UAE the apex court differs between the federal and local judiciaries. Deadlines vary from country to country, so one jurisdiction’s period should never be assumed for another. A distinctive Saudi feature is that appeals are reviewed on the papers by default, and the issuing court may first reconsider its own ruling before sending it up.

FAQs

How long do I have to appeal in Saudi Arabia?▾
Thirty days from receiving a copy of the judgment deed, or ten days for judgments in urgent (summary) matters, under Article 187 of the Law of Civil Procedure.
Where is the appeal brief filed?▾
It is deposited with the court that issued the judgment, stating the judgment number and date, the grounds of objection and the appellant’s requests. The issuing circuit reviews it and, if it affirms its ruling, refers the file to the court of appeal.
Can every judgment be appealed?▾
All first-instance judgments are appealable except judgments in petty cases as determined by the Supreme Judicial Council, under Article 185 of the Law of Civil Procedure.
What is the difference between review on the papers and an appeal with a hearing?▾
On a paper review the court of appeal examines the file without a session; with a hearing the parties attend and argue. Paper review is the default unless the opposing party requests a hearing, and the court may order one on its own.
Can a court of appeal ruling be challenged?▾
Yes, by requesting cassation before the Supreme Court within thirty days (fifteen in urgent matters) on limited grounds, including violation of Sharia or statutory law or a ruling by a court lacking jurisdiction.

In Other Languages

Arabic
الاستئناف

الاستئناف هو طريق الاعتراض العادي على أحكام محاكم الدرجة الأولى أمام محكمة الاستئناف، يطلب فيه من صدر الحكم ضده أو لم يُجَب إلى كل طلباته مراجعة الحكم لإلغائه أو تعديله، وقد تنتهي المراجعة بتأييده.

English
Appeal

An appeal is the ordinary way of challenging a first-instance judgment before a court of appeal: the party against whom judgment was given, or whose requests were not fully granted, asks for the ruling to be reversed or amended, and the review may also end with the judgment being upheld.

Turkish
İtiraz

İstinaf, ilk derece mahkemesi kararlarına karşı istinaf mahkemesi önünde başvurulan olağan itiraz yoludur: aleyhine karar verilen veya talepleri tamamen kabul edilmeyen taraf, kararın kaldırılmasını ya da değiştirilmesini ister; inceleme kararın onanmasıyla da sonuçlanabilir.

Related Terms

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