Introduction to RAK Courts
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RAK Courts Department is considered a judicial monument in UAE, which made a great strides in achieving prompt justice and legal protection for various segments of the emirate’s society including investors, workers and individuals and achieved the highest levels of satisfaction for all concerned parties and thereby contribute to achieving the vision of Government of Ras Al Khaimah on seeking to provide legislative structure, judicial system and modern governance systems by keeping up with technical and scientific environment variables surrounding the same and raising the level of efficiency of Civil Lawsuits Management System, particularly in terms of reducing the average durations of lawsuits, enhancing the independence and stability of the judiciary, empowering judges and enhancing their performance, raising the quality of experts’ reports prepared at the request of judges, activating the process of settling family lawsuits by guidance, awareness and amicable settlement and promoting judicial knowledge management among various segments of society.
This has contributed to achieving several outstanding achievements by RAK Courts in terms of either substantiating judgments rendered thereby on the latest scientific grounds or the legal rules which have been well-established or the provision of electronic judicial services or the completion of the institutional structure of the supreme courts in Ras Al Khaimah.
Through its judicial bodies, Courts Department aims at achieving justice and protection of rights and freedoms of society members by the application of Islamic Sharia provisions and the laws applicable in the Emirate.
First Instance Court
It is the first degree of adjudication to which a litigant approaches to claim their rights or access any service processed by the judiciary nevertheless the type of such right claimed or such service applied to the extent they remain within the scope of laws and regulations nevertheless such rights are valuated or not. In order for customers to obtain such rights and access such services, Court has been divided into partial and plenary circuits pursuant to the lawsuit value in civil lawsuits and severity of crime in criminal lawsuits.
Appeal Court
It is the second degree of adjudication to which a litigant approaches if First-Instance judgment rendered in any of civil, criminal or personal status articles is inadmissible. Litigants thereto have the right to appeal on the First-Instance judgment before Appeal Court, in cases other than those cases excluded by Law, so as to amend or cancel the same.
Cassation Court
It is an extraordinary phase of adjudication wherein judgments rendered in respect of criminal, civil, commercial, labour and personal status articles, which had exhausted regular methods of appeal, shall be challenged by cassation, in order to verify their conformity with Law, whether in terms of substantive rules applied thereby or in terms of procedures to which the court substantiated to render such judgments.
Family Court
Family Court was established in premises separate from Courts Department wherein social and humanitarian aspects of family disputes were observed. This Court has jurisdiction over all lawsuits related to family such as adjudication on Personal Status lawsuits. The Court also provides family reform and guidance services and prepares family agreements entered into by spouses related to divorce, maintenance, custody, visitation, etc. Thereafter, the same is referred to the competent judge for authentication. Family Court also has jurisdiction over settlements related to instalment or waiver of all or part of amounts or organizes visitation mechanism and any other procedures included in the writ of execution and admission of the same by the competent judge.
Labor Court
Labor Court has exclusive jurisdiction over all lawsuits arising from the application of laws and regulations provisions regulating labour relationships (Federal Law No. 8 of 1980, as amended). Labor Court has jurisdiction over all lawsuits filed by workers against their legal and natural sponsors concerning their rights resulting from labour relationship under their individual employment contracts sponsored by the competent Authority in addition to lawsuits filed by sponsors against their workers. This Court is constituted from Partial, Plenary and Appeal Circuits. Partial Circuits is constituted from one judge to hear labour lawsuits with an amount non-exceeding Ten million Dirhams and counterclaims irrespective of their value. However, Plenary Circuits is constituted from three judges, presided by any of them to hear labour lawsuits with an amount exceeding ten million Dirhams in addition to counterclaims. On the other hand, Appeal Circuits hear all plenary and partial lawsuits under appeal.
Financial Court
Financial Court has jurisdiction over financial, commercial and civil lawsuits wherein the claim amount is not less than one million Dirhams involving simple procedures appropriate to the philosophy of investment legislations, provided that parties thereto agree on the jurisdiction of the same to hear their lawsuit. It was provided in Law that no appeal shall be admitted against judgments rendered thereby for being covered with speedy execution. However, reconsideration appeal may be submitted thereon pursuant to the cases provided in Civil Procedures Law. Statement of claim shall be registered on digital registration system of the Court provided that the same includes the data stipulated in Civil Procedures Law and a notice thereof is served to the defendant. Thereafter, any of court judges shall call litigation parties for judicial mediation. If conciliation, admitted by the Court, was reached, the same shall have the power of writ of execution accordingly.
One-Day Court
One-Day Court has been established in RAK Courts Department at the outset of 2017 under a resolution from His Highness Sheikh Mohamed Bin Saud Bin Saqr Al Qasimi, Crown Prince of Ras Al Khaimah and Chairman of Judicial Council. This resolution has established the terms of reference and modus operandi of One-Day Court to have jurisdiction over civil and commercial lawsuits whose claim value is no more than twenty thousand Dirhams. Upon gaining the confidence of litigants who turnout to appear before the same, it has gradually expanded and was granted powers to hear civil and commercial lawsuits whose claim value is no more than five hundred thousand Dirhams. Thereafter, at the outset of 2024, its powers have been increased to include all civil and commercial lawsuits of any value whatsoever. Lawsuit is registered directly before One-Day Court and litigants are called to appear for hearing and proceedings are conducted electronically whereas judgment is rendered on the lawsuit by judge at the same day of registration upon hearing parties thereof and considering their defence aspects. Then, executive formula shall be drawn up thereon unless otherwise is considered in response to litigants’ defences. Execution Judge in One-Day Court shall have jurisdiction over execution of judgments rendered by such Court.
One-Hearing Court
One-Hearing Court has been established in RAK Courts Department in 2017 under a resolution from Sheikh Mohamed Bin Saud Bin Saqr Al Qasimi, Crown Prince of Ras Al Khaimah & Chairman of Judicial Council. This resolution has established the terms of reference and modus operandi of On-Hearing Court to have jurisdiction over civil and commercial lawsuits whose claims value is not more than half million dirhams. Lawsuits shall be registered immediately, prepared and referred to the court by Lawsuit Management Office to be rendered a judgment by such court in the first hearing dated set to hear the same. However, litigants may, in cases other than the cases excluded by law, appeal against its judgments before competent Appeal Court.
Small Claims Courts
H.H. Sheikh Mohamed Bin Saud Bin Saqr Al Qasimi, Crown Prince of Ras Al Khaimah and Chairman of Judicial Council, has promulgated Resolution No. (56) of 2019 on establishment of Small Claims Courts in Ras Al Khaimah First Instance Court to have jurisdiction over Civil and Commercial lawsuits whose claims value non-exceeds five thousand Dirhams. Judgments rendered thereby shall be enforceable immediately upon being rendered. These courts are deemed a new track introduced under the supreme resolution promulgated for litigants to the small claims with facilitated exceptional procedures performed by the latest technology means, targeting an important category of litigants, to consider their claims on daily basis and adjudicate thereon within a maximum of thirty days by final executable judgment which is deemed an unprecedented qualitative development of judiciary system in the Emirate.
Commercial Court
His highness Sheikh Mohamed Bin Saud Bin Saqr Al Qasimi, Crown Prince of Ras Al Khaimah, Chairman of Judicial Council, ordered to establish RAK Commercial Court which shall have jurisdiction to adjudicate on commercial lawsuits. The same shall be constituted from competent judges to consider this type of lawsuits. In implementation thereof, Law no. 1 of 2019 has been promulgated on 30/06/2019 which stipulates the establishment of such court to consist of partial, plenary and appeal circuits whereas one circuit of Court of Cassation has been dedicated thereto. Judgments rendered thereby shall be executed independently from civil litigation. The Law also stipulates to incorporate Commercial Lawsuit Management Offices which shall be entrusted with preparation of the lawsuits prior to referring them to judges for adjudication.