Motion for Reconsideration

Clauses 171 to 174 of the UAE Civil Procedures Law regulate the motion for reconsideration, outlining the grounds on which it may be filed, the applicable procedures, and the time frame for its submission.

MOTION FOR RECONSIDRATION

It is a request submitted to the court to review its final judgment.

When can a judgment be reconsidered?

Article 171 of the UAE Civil Procedures Law specifies the cases in which a motion for reconsideration may be filed.

1.  If the adverse party has committed an act of fraud which affected the underlying judgment or ruling.

2. If the judgment or ruling was based on documents later proven to be forged, or on testimony found to be false.

3. If the applicant discovers important documents after the judgment, which the other party had prevented from being submitted during the trial.

4. If the court ruled on something that was not requested by the parties or granted more than what was requested in the case.

5. If the wording of the judgment or decision contains contradictions that make its meaning unclear.

6. If the judgment or decision was issued against someone who was not a party to the case, and it is proven that their representative acted with fraud, collusion, or gross negligence.

7. If the judgment or decision was issued against a person or legal entity who was not properly represented in the case.

Deadline for Requesting Reconsideration

Article 172 of the same law specifies the time limit for filing the motion for reconsideration.

The time limit for filing a motion for reconsideration is thirty (30) days. The starting point of this period depends on the specific circumstances, as follows:

• In cases involving fraud, forgery, or the discovery of new documents, the time limit starts from the date the fraud is discovered, the date of the confession or judgment confirming the forgery, the conviction of the witness, or the date the withheld document is revealed.

• In cases where the judgment was issued against someone who was not a party to the case due to fraud, collusion, or gross negligence, the time limit begins from the date the fraud, collusion, or negligence is discovered.

• If the judgment was issued against a person who was not properly represented, the time limit begins from the date the judgment is served to that person or to their proper legal representative.

Article 173 of the same law specify the Procedures for Filing a Motion for Reconsideration

• The motion is submitted to the same court that issued the judgment, through a statement filed with the Case Management Office, in accordance with the usual procedures for filing a lawsuit.

• The motion must include details of the judgment to be reconsidered, its date, and the reasons for the motion; otherwise, it will be deemed invalid.

• The same panel of judges that issued the judgment may hear the motion for reconsideration.

• The motion will not be accepted unless it is accompanied by proof of payment of a security deposit of 500 dirhams. This deposit shall be forfeited if the motion is rejected, not admitted, or deemed inadmissible.

Article 174 of the same law specify the Effects of Filing a Motion for Reconsideration

• The court first decides whether the motion is admissible, meaning it checks if it meets the formal requirements. If it decides to accept the motion, it will set a date to consider the matter without the need for a new notice. The court may issue a single ruling on both the acceptance of the motion and the merits of the case if the parties have already presented their requests. The court will only reconsider the points addressed in the motion.

• Filing or accepting the motion does not suspend the execution of the judgment. However, the court may order a suspension of execution if requested, and if there is a risk of significant harm that cannot be remedied. The court may also require the submission of a guarantee or other assurance to protect the rights of the other party.

• A motion for reconsideration may not be submitted again if the first motion was rejected, or if a judgment was issued about the case after it was accepted.