Article 5 of the Saudi Judicial Costs Implementing Regulations
المادة 5 من اللائحة التنفيذية لنظام التكاليف القضائية · الفصل الثاني: تقدير التكاليف القضائية للطلبات
The Article sets the cost of a direct enforcement request at SAR 500 and other enforcement requests at 2% of the claim (minimum SAR 500, maximum SAR 10,000), borne by the party against whom enforcement is sought unless the applicant is shown not to be entitled.
Official text (Arabic)
This article has not been amended since the law was issued.
تُقدّر التكاليف القضائية لطلب التنفيذ المباشر بمبلغ قدره خمسمائة ريال، وفيما يتعلق بباقي طلبات التنفيذ، فتقدر التكاليف القضائية بنسبة اثنين في المائة (2٪) من قيمة المطالبة على ألا تقل هذه التكاليف عن خمسمائة ريال ولا تزيد على عشرة آلاف ريال.
ويتحمل المنفذ ضده التكاليف القضائية لطلب التنفيذ ما لم يثبت أن طالب التنفيذ غير مستحق لمطالبته، فيتحمل طالب التنفيذ كامل التكاليف القضائية، وإذا كان طالب التنفيذ غير مستحق لجزء من مطالبته، فيتحمل من التكاليف القضائية بقدر هذا الجزء.
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 5 explained in plain English
This Article governs the costs of enforcement requests and who bears them:
First: the amount
- Direct enforcement request: a flat amount of SAR 500.
- Other enforcement requests: 2% of the amount claimed, at no less than SAR 500 and no more than SAR 10,000.
Second: who bears them?
- The rule is that they are borne by the party against whom enforcement is sought.
- If it is shown that the enforcement applicant is not entitled to their claim, the applicant bears the full costs.
- If the applicant is not entitled to part of their claim, they bear the costs in proportion to that part.
The upper limit (SAR 10,000) means that for large enforcement requests the costs do not exceed this amount however large the claim, and the lower limit (SAR 500) applies to small requests. The Article does not define what a direct enforcement request is.
Anyone who has an enforcement request, or against whom one has been filed, and wants to assess their position should consider consulting a lawyer specializing in enforcement cases.
Practical example
A person files an enforcement request claiming SAR 100,000, which is not a direct enforcement request. The costs are assessed at 2%, that is SAR 2,000, and are borne by the party against whom enforcement is sought. But if it is shown that the applicant is entitled to only SAR 60,000, the applicant bears the costs in proportion to the part to which he is not entitled.
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 5 of the Saudi Judicial Costs Implementing Regulations
What is the fee for a direct enforcement request?
SAR 500.
What are the fees for other enforcement requests?
2% of the amount claimed, at no less than SAR 500 and no more than SAR 10,000.
Who pays the costs of an enforcement request?
The party against whom enforcement is sought, unless it is shown that the applicant is not entitled to all or part of the claim, in which case the applicant bears the full costs or the costs in proportion to the part to which he is not entitled.
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.