Hearing

A hearing is the scheduled session in which the court circuit examines a case, hears the parties and receives their memoranda and evidence; what happens is recorded in the case minutes (dabt) under the judge’s supervision. A hearing may be held in person at the courthouse, electronically through written “e-pleading” and exchange of memoranda, or as a video hearing with sound and image accessed through the Najiz platform. The Law of Civil Procedure sets specific rules. Proceedings are public unless the judge orders them held privately to preserve order, public morals or family privacy (Article 64), and since the 1442H amendment the handling of a case is in writing, although the court may hear the parties orally and record this in the minutes (Article 65). Parties must be given at least eight days’ notice to attend before the General Court, and the defendant must file a defence memorandum at least three days before the hearing (Articles 44 and 45). Minutes and notifications may be recorded electronically with the same force as written documents (Article 72). Absence has decisive consequences. If the claimant fails to attend without an excuse the court accepts, the case may be struck out, and if sixty days pass without a request to reinstate it, it is treated as never filed (Article 55). If the defendant was notified in person or filed a memorandum and then stays away, the court decides the case and the judgment counts as rendered in his presence (Article 57). Following hearing dates on Najiz and preparing memoranda and documents in advance is therefore central to managing any rental dispute.