Default Judgment
Synonyms: Judgment in Absentia، Judgment by Default، Default Ruling
Last updated: 2026-09-25
Short Definition
A default judgment is a judgment the court issues in a case where the defendant failed to appear without having been served with the hearing date personally or through an agent; the court decides the dispute despite the absence, and the absent party keeps the right to file an "objection" (mu'arada) before the same court.
Overview
Legal Basis
Absence and default judgments are governed by the Law of Civil Procedure issued by Royal Decree No. (M/1) dated 22/1/1435H, as amended: Articles 55 and 56 on the claimant's absence (amended by Royal Decree M/38 dated 30/3/1441H), Article 57 on the criteria separating default from in-presence judgments, Article 60 on the objection (mu'arada) and its effects, Article 179 on the challenge period for a default judgment starting from its service, Article 187 on the challenge period (30 days, or 10 days in urgent matters), and Article 8 on counting periods by the Umm al-Qura calendar. Article 10 of the Execution Law bars compulsory enforcement of a judgment while it is still open to challenge unless it carries provisional enforcement.
Practical Example
The owner of a shop in Riyadh sued a former tenant before the General Court for SAR 48,000 in damages to the premises after it was vacated. The tenant missed the first hearing and personal service was not proven, so the court adjourned and re-served him; he missed the second hearing without an excuse and, again, without proof of personal service. The court appointed an expert and awarded the owner SAR 36,000, and the judgment was classed as a default judgment. After being notified of it, the tenant filed an objection memorandum with the same court within 30 days, stating the judgment number, date and grounds, attaching a signed handover report showing the shop's condition, and he attended the first objection hearing; had he missed it, his right would have lapsed and the judgment would have become final. Had he been personally served with the first hearing date and stayed away, the judgment would have been treated as in presence, leaving only the ordinary challenge routes such as appeal.
Common Mistakes
- ✗Assuming every judgment issued in a party's absence is a default judgment — if he was served personally, filed a defence memo, or attended any hearing and then stopped, the judgment is in presence and no objection lies.
- ✗Counting the challenge period from the date the judgment was pronounced — for a default judgment it runs from service on the losing party or his agent, counted by the Umm al-Qura calendar.
- ✗Filing an objection and then missing its first hearing — the right to object lapses and the judgment becomes final.
- ✗Not keeping the national address and registered contact details up to date — service through them may be valid, producing an in-presence judgment without actual knowledge.
- ✗Seeking compulsory enforcement of a default judgment before the challenge period ends — it cannot be enforced while open to challenge unless it carries provisional enforcement.
International Differences
Most civil-law systems, including Saudi Arabia's, distinguish a true default judgment from one deemed to be in presence because service was valid, and give the absent party a special challenge route. In English law, a default judgment can be set aside by the same court where service was defective or the defendant shows a real prospect of defending. In Turkish civil procedure, a defendant who does not file an answer in time is deemed to have denied the claim rather than admitted it, so the claimant does not win automatically because of the absence. In the UAE and Egypt, civil procedure laws regulate the effects of absence with rules that differ in detail and timing, so no deadline should be carried over from one country to another.
