Article 21 of the Saudi Law of Procedure before the Board of Grievances
المادة 21 من نظام المرافعات أمام ديوان المظالم · الباب الثالث: النظر في الدعوى والحكم فيها
A request to recuse a judge is made by a reasoned petition; the judge answers within 5 days, the court president or the President of the Administrative Judiciary Council decides it, and the request suspends the hearing of the case.
Official text (Arabic)
This article has not been amended since the law was issued.
يكون طلب رد القاضي بعريضة تقدم إلى المحكمة، يوضح فيها أسبابه، ويُحال الطلب إلى القاضي المطلوب رده، ليجيب عليه كتابة خلال مدة أقصاها خمسة أيام، فإن لم يُجِب في الموعد المحدد، أو وافق على أسباب الرد وكانت تصلح نظاماً للرد، يصدر رئيس المحكمة قراراً بتنحيته عن نظر الدعوى .
وفي غير الأحوال السابقة، أو إذا كان المطلوب رده رئيس المحكمة، فيُرفع طلب الرد إلى رئيس مجلس القضاء الإداري للفصل فيه. ويترتب على تقديم الطلب وقف النظر في الدعوى إلى حين الفصل فيه.
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 21 explained in plain English
This article regulates the procedures for a request to recuse a judge, that is, a party's request that a particular judge not hear his case.
1. Submitting the request: It is made by a petition submitted to the court in which its submitter sets out the grounds for recusal.
2. The judge's answer: The request is referred to the judge whose recusal is sought so that he answers it in writing within a maximum of 5 days.
3. When the court president issues the decision to remove him:
- If the judge does not answer by the set date, or
- If he agrees to the grounds for recusal and they are legally valid grounds for recusal.
In these two cases the court president issues a decision removing him from hearing the case.
4. Other cases: In cases other than the above, or if the person whose recusal is sought is the court president, the request is submitted to the President of the Administrative Judiciary Council to decide.
5. Effect of the request: Submitting it suspends the hearing of the case until it is decided.
The article does not itself define the grounds for recusal, but requires that they be grounds that "are legally valid for recusal". This case differs from Article 22, in which the judge himself raises his own withdrawal if he feels embarrassed. To assess whether the grounds in a particular case are valid for recusal, one may consult a lawyer specializing in administrative cases before the Board of Grievances.
Practical example
Waleed discovered that one of the judges of the circuit hearing his case against a government body has a connection to one of its parties, so he submitted a petition to the court setting out the grounds for recusal. The request was referred to the judge to answer in writing within 5 days, and the hearing of the case was suspended until the request is decided.
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 21 of the Saudi Law of Procedure before the Board of Grievances
How do I request the recusal of a judge in the administrative court?
By a petition submitted to the court setting out the grounds for recusal, which is then referred to the judge whose recusal is sought.
How long does the judge have to answer a recusal request?
He answers it in writing within a maximum of 5 days.
Who decides a request to recuse the court president?
The request is submitted to the President of the Administrative Judiciary Council to decide.
Is the case suspended when a recusal request is submitted?
Yes. Submitting the request suspends the hearing of the case until it is decided.
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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.