Article 16 of the Saudi Judicial Costs Law
المادة 16 من نظام التكاليف القضائية
Judicial costs paid are refunded if they proved not to be due or the payer benefits from an exemption; the Article lists seven cases, including judgment in the payer's favor.
Official text (Arabic)
This article has not been amended since the law was issued.
تُرد التكاليف القضائية المدفوعة متى تبين عدم وجوبها على دافعها أو استفادته من حالة من حالات الإعفاء، ومن ذلك ما يأتي:
1- إذا حكم لمصلحة دافع التكاليف القضائية.
2- طلب رد القاضي أو القضاة إذا قبل طلب الرد.
3- طلب تصحيح الحكم أو تفسيره إذا قضي بإجابة الطلب.
4- طلب الاستئناف إذا حكم بنقض الحكم المستأنف كليًّا، وإذا نقض الحكم جزئيًّا فيعفى بقدر ذلك الجزء، وطلب النقض إذا قضي فيه بإعادة القضية إلى المحكمة مصدرة الحكم المعترض عليه.
5- إذا ترك المدعي دعواه قبل عقد الجلسة الأولى؛ وفقاً للإجراءات النظامية.
6- الدعاوى التي تنتهي بالصلح قبل رفع الجلسة الأولى.
7- الدعاوى المتعلقة بالحقوق الخاصة التي ترفع بالتبعية للقضايا الجزائية إذا انتهت بالصلح على أي حال كانت فيها الدعوى.
وتحدد اللائحة الإجراءات والقواعد الخاصة بذلك.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 16 explained in plain English
This Article sets the principle of refunding judicial costs paid whenever it turns out that they were not due from the payer, or that the payer benefits from a case of exemption. It lists cases by way of example ("including"), meaning the list is not exhaustive:
- If judgment is given in favor of the payer of the costs.
- A request to recuse a judge or judges, if the recusal request is accepted.
- A request to correct or interpret a judgment, if the request is granted.
- An appeal request if the appealed judgment is quashed in full, and if it is quashed in part, there is an exemption to the extent of that part; and a cassation request if it is decided to send the case back to the court that issued the contested judgment.
- If the plaintiff withdraws their case before the first hearing is held, according to the legal procedures.
- Cases that end in settlement before the first hearing is adjourned.
- Private-right cases brought as an adjunct to criminal cases if they end in settlement, at any stage the case has reached.
The Implementing Regulations set the procedures and rules for refunds. Note the difference from Article 15: settlement before the court after the first hearing ends and before judgment reduces costs to a quarter, whereas settlement before the first hearing is adjourned is one of the refund cases here. It is followed by Article 17, which sets the categories on whom costs are not imposed at all.
To find out whether one of the refund cases applies to you, you can consult a lawyer specialized in litigation and procedure.
Practical example
A company in Jeddah paid the costs of a claim case, and then judgment was given in its favor on all its claims. The first case in this Article applies to it, so the costs paid are refunded to it under the procedures set by the Implementing Regulations.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 16 of the Saudi Judicial Costs Law
Do I get the case fees back if I win?
Yes. One of the refund cases is that judgment is given in favor of the payer of the judicial costs.
Are fees refunded if I withdraw the case?
They are refunded if the plaintiff withdraws their case before the first hearing is held, according to the legal procedures.
Are appeal fees refunded if the judgment is partly quashed?
The appellant is exempted to the extent of the part of the judgment that was quashed.
Are the listed refund cases exhaustive?
No. The Article says "including", so they are examples of the principle of refund when costs were not due or an exemption applies.
More articles on Reducing and Refunding Costs
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.