Circular No. (2) of 2026 Concerning the Attendance of Government Entity Representatives at Court Hearings in Cases Filed by or Against Their Entities

Circular No. (2) of 2026 was issued by the Abu Dhabi Executive Office on 3 August 2026 and addressed to all government entities in the Emirate of Abu Dhabi. The Circular aims to regulate the attendance of government entity representatives at court hearings in proceedings where their respective entities are parties, whether as plaintiffs or defendants.

The Circular seeks to strengthen coordination between government entities and the Government Cases Department at the Abu Dhabi Judicial Department, ensuring effective monitoring of litigation developments and the timely provision of documents or records required during judicial proceedings.

Regulation of Attendance in Government Litigation

The Circular requires government entities to coordinate with the Government Cases Department to establish mechanisms and rules governing the attendance of their representatives at court hearings.

It does not impose an absolute requirement for government representatives to attend every hearing. Instead, attendance is governed by the mechanisms and conditions agreed upon with the Government Cases Department.

This approach reflects a shift towards determining attendance based on practical necessity and the specific circumstances of each case, rather than treating it as a mandatory procedural formality in all proceedings.

Expanding the Categories of Employees Permitted to Attend

The Circular permits any employee of the relevant government entity to attend court hearings where their presence is required, whether they belong to the legal affairs department or another relevant organizational unit.

The significance of this provision lies in its recognition that effective institutional participation in litigation need not be limited to legal personnel. It allows technical and administrative employees whose responsibilities relate to the subject matter of the dispute to participate when necessary.

Such participation may be particularly important in cases requiring explanations of internal procedures, specialized information, or clarification of factual circumstances not directly available to the legal affairs department.

Limiting Attendance to Significant or Sensitive Cases

The Circular indicates that the attendance of government entity representatives should be limited to certain categories of significant or sensitive cases, as determined under the applicable attendance mechanisms and rules.

Accordingly, attendance is assessed by reference to the nature and significance of the proceedings, rather than solely on the basis that a government entity is a party to the dispute.

This arrangement also enables government entities to allocate their administrative and legal resources more effectively to proceedings requiring direct institutional participation alongside the Government Cases Department.

Strengthening Coordination with the Government Cases Department

The wording of the Circular indicates that the primary purpose of requiring a government entity representative to attend hearings is to enable the entity to remain informed of litigation developments and respond promptly to requests for documents or information necessary for the conduct of proceedings.

Such attendance does not replace the legal responsibilities of the Government Cases Department in conducting litigation and representing government entities before the courts.

Rather, it serves as a supporting mechanism that facilitates the exchange of information between the government entity and the department responsible for managing the dispute and providing legal representation.

Organizational Implications for Government Entities

In practical terms, the Circular requires government entities to develop clear internal arrangements for identifying appropriate representatives, coordinating their attendance, providing them with relevant information and documentation, and defining the scope of their responsibilities during hearings.

This may also require the allocation of specific responsibilities among legal affairs departments and the relevant technical and administrative units involved in the dispute.

Legal and Procedural Implications of the Circular

The Circular establishes an organizational framework intended to strengthen the management of government litigation and enhance institutional coordination.

It does not create a new system of judicial representation. Instead, it regulates the institutional participation of government entities in monitoring legal proceedings through the attendance of designated representatives whenever warranted by the nature of the case.

Consequently, the Circular is expected to improve responsiveness to judicial requirements, reduce potential delays in providing necessary documents and information, and facilitate more effective communication between government entities and the Government Cases Department, particularly in litigation involving significant or sensitive matters.