Article 37 of the Saudi Law of Sharia Procedure

المادة 37 من نظام المرافعات الشرعية · الباب الثاني: الاختصاص

Article 37 provides that a case against a government body is brought in the court within whose area its main headquarters falls, and may be filed with the branch's court in matters relating to that branch.

Official text (Arabic)

This article has not been amended since the law was issued.

تقام الدعوى على الأجهزة الحكومية في المحكمة التي يقع في نطاق اختصاصها المقر الرئيس لها، ويجوز رفع الدعوى إلى المحكمة التي يقع في نطاق اختصاصها فرع الجهاز الحكومي في المسائل المتعلقة بذلك الفرع.

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 37 explained in plain English

This article sets a special rule of territorial jurisdiction when the defendant is a government body, in place of the general rule in Article 36, which ties jurisdiction to the defendant's place of residence.

The article's rule contains two things:

The rule: a case against a government body is brought in the court within whose area the main headquarters of that body falls.
The additional option: the case may be filed with the court within whose area a branch of the government body falls, provided that the case concerns matters relating to that branch.

The second permission is not absolute; it is not enough that the body has a branch in the plaintiff's city, but the subject of the case must relate to that branch itself. If the case does not relate to the branch, the forum is the court of the main headquarters.

Following this article, Article 38 provides a similar rule for companies, associations and private institutions, as it ties jurisdiction to their center of administration with the possibility of filing with the branch's court in matters relating to it.

The article determines the place only and does not determine the type of court competent over the subject of the dispute with the government body, so before filing the case it is advisable to consult a lawyer specializing in litigation and procedure before the courts to determine the competent judicial body.

Practical example

Mohammed, who resides in Abha, dealt with the Abha branch of a government body, and a dispute arose between them relating to a transaction carried out by that branch. Under this article, Mohammed may file his case in the court within whose area the branch in Abha falls, and he may also file it in the court of the body's main headquarters.

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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