Disputes & ResolutionStatement of Claim
Synonyms: Statement of Case، Complaint، Claim Form
Last updated: 2026-09-25
Short Definition
A statement of claim is the formal document by which a claimant brings a case before the court, setting out the parties, the subject matter, the relief sought and its grounds; once it is registered with the court, the case is deemed filed.
Overview
A statement of claim is the formal document by which a claimant brings a case before the court, setting out the parties, the subject matter, the relief sought and its grounds; once it is registered with the court, the case is deemed filed. It is the foundation of the whole litigation: the court does not rule on anything not requested in it or added by an admitted incidental request.
Article 41 of the Law of Civil Procedure requires the statement to include the claimant's full name, ID number, occupation, residence and workplace and his representative's details; the available details of the defendant; the filing date; the court before which the case is brought; a chosen address for the claimant in the court's city if he does not live there; and the subject of the claim, the relief sought and its grounds. Unrelated requests may not be combined in one statement. The claim is registered on the day it is filed, a copy is served on the defendant within fifteen days at most, and the appearance period is at least eight days before the General Court and four days before the labour, commercial and personal-status courts. Statements are now filed electronically through the Ministry of Justice's Najiz portal.
Its practical importance shows at the first hearing: the judge must ask the claimant what is needed to properly frame the claim, and if the claimant cannot or will not do so, the claim is dismissed; if it is then refiled, an extra 25% in judicial costs applies. In rental disputes, a statement of claim is used for substantive disputes before the General Court, such as damage to the unit, rescinding the lease or disagreement over the rent amount; rent due under a documented Ejar residential lease is usually pursued through an execution request rather than a statement of claim, and some classifications, such as property rent and eviction, may require referral to reconciliation before the statement is registered. A good statement states amounts precisely, cites the contract number and periods, and attaches the evidence in order.
⚖️ Legal Basis
The statement of claim is governed by Articles 41–46 of the Law of Civil Procedure issued by Royal Decree No. (M/1) dated 22/1/1435H: Article 41 on its contents and the ban on combining unrelated requests, Article 42 on registration, Article 43 on serving a copy within 15 days, Article 44 on appearance periods (8 days before the General Court and 4 days before the labour, commercial and personal-status courts) and Article 45 on the defence memorandum, together with Article 10 on the case being deemed filed from registration, Article 66 on framing the claim and Article 83 on the claimant's incidental requests. Article 4 of the Judicial Costs Law (M/16 dated 30/1/1443H) imposes an extra 25% in costs when a struck-out or improperly framed claim is heard again.
💡 Practical Example
A flat owner in Madinah got her unit back from the tenant at the end of an Ejar lease with damage to the kitchen and doors. She prepared a statement of claim through Najiz before the General Court, giving her own and the tenant's full details, the Ejar contract number and term, and the signed handover report, and she stated her request precisely: an order for the defendant to pay SAR 17,500 in repair costs based on two attached quotations, with dated photos of the damage. She did not add an unrelated request such as another personal debt. The case was registered, the tenant was served, and the hearing was set more than eight days after service. Because the claim was properly framed, the judge needed no lengthy clarification; had she written only "compensation for damage" with no amount, she would have been asked to frame the claim, and if unable, it would have been dismissed and she would have borne an extra 25% in costs on refiling.
⚠️ Common Mistakes
- ✗Writing general requests without specific amounts or periods — the judge will ask for the claim to be framed and may dismiss it, with extra costs on refiling.
- ✗Combining unrelated requests in one statement — Article 41 forbids it and it delays the case.
- ✗Entering incomplete or wrong details for the defendant and his address — this disrupts service and prolongs the proceedings.
- ✗Filing a statement of claim for rent due under a documented Ejar residential lease — a direct execution request before the Execution Court is usually faster.
- ✗Failing to attach key evidence such as the lease, handover report and invoices — this weakens the claim and leads to adjournments.
🌍 International Differences
The contents of a statement of claim are similar across systems, though the names differ. In England a claim is started with a Claim Form accompanied by Particulars of Claim. In the United States it is called a "complaint" and is filed electronically in most federal courts. Turkey's Code of Civil Procedure sets out the contents of the "dava dilekçesi", including a clear statement of facts, evidence and the relief sought. In Egypt it is called the "statement opening the case". The common thread is that a clear, quantified request is essential, and Saudi law expressly links this to the possibility of dismissing an improperly framed claim.
FAQs
What must a statement of claim include in Saudi Arabia?▾
The details of the claimant and his representative, the available details of the defendant, the filing date, the competent court, a chosen address for the claimant where needed, and the subject of the claim with the relief sought and its grounds, under Article 41 of the Law of Civil Procedure.
Can a statement of claim be filed online in Saudi Arabia?▾
Yes. Statements of claim are filed electronically through the Ministry of Justice's Najiz portal, and the Law of Civil Procedure allows claim and service details to be recorded electronically with the same effect as written documents.
When is the defendant served and when is the first hearing?▾
A copy of the statement is served on the defendant within fifteen days at most of its delivery to the process server or claimant, and the appearance period before the General Court is at least eight days from service.
Can I amend my requests after filing the statement of claim?▾
Yes. Before pleadings close, the claimant may file incidental requests correcting the original request or modifying it for new circumstances, or adding what complements or is linked to it, under Article 83 of the Law of Civil Procedure.
What happens if the court finds the claim is not properly framed?▾
The judge asks the claimant what is needed to frame the claim; if he cannot or will not, the claim is dismissed. If it is refiled, the Judicial Costs Law imposes an extra 25% of the first hearing's costs, borne by the claimant.
