Article 44 of the Saudi Law of Procedure before the Board of Grievances
المادة 44 من نظام المرافعات أمام ديوان المظالم · الفصل الثالث: طلب إعادة النظر
The article explains that a request for reconsideration is filed by a statement with the court that issued the judgment under the procedures for filing a case, containing the judgment's particulars, a summary of it and the grounds of the request.
Official text (Arabic)
This article has not been amended since the law was issued.
يرفع طلب إعادة النظر بصحيفة يودعها طالب إعادة النظر أو مَنْ يمثله لدى المحكمة التي أصدرت الحكم، وفقاً للإجراءات المقررة لرفع الدعوى. على أن تتضمن الصحيفة بيانات الحكم المطلوب إعادة النظر فيه، وملخصاً عنه، وأسباب الطلب.
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 44 explained in plain English
After Article 43 allowed a request for reconsideration of final judgments of the administrative courts and administrative courts of appeal in the cases provided for in the Law of Sharia Procedure, this article sets out how it is submitted:
- Who submits it: The person requesting reconsideration or his representative.
- Where it is submitted: With the court that issued the judgment whose reconsideration is sought.
- The procedures: In accordance with the procedures prescribed for filing a case.
- Content of the statement: The particulars of the judgment whose reconsideration is sought, a summary of it, and the grounds of the request.
The "grounds of the request" matter because reconsideration is not accepted on any ground, but only in the cases to which Article 43 refers. The statement should therefore state clearly the case on which the applicant relies.
This approach is similar to what Article 45 provides for the objection statement before the Supreme Administrative Court, where it is submitted by a statement with specified particulars to the court that issued the judgment.
To draft the statement and identify its grounds, it is advisable to seek the help of a lawyer specializing in administrative cases before the Board of Grievances.
Practical example
A final judgment was issued by the administrative court of appeal against an establishment in Qassim, and the establishment then considered that its case falls within one of the cases for reconsideration. Its representative lodged a statement with the court of appeal that issued the judgment, containing the particulars of the judgment, a summary of it and the grounds of the request.
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 44 of the Saudi Law of Procedure before the Board of Grievances
Where do I submit a request for reconsideration of an administrative judgment?
With the court that issued the judgment whose reconsideration is sought, under the procedures for filing a case.
What does the reconsideration statement contain?
The particulars of the judgment whose reconsideration is sought, a summary of it, and the grounds of the request.
More articles on Reconsideration of Administrative Judgments
- Article 43
The article allows requesting reconsideration of final judgments of the administrative courts and administrative courts of appeal in the cases provided for in the Law of Sharia Procedure.
يجوز طلب إعادة النظر في الأحكام النهائية الصادرة من المحاكم الإدارية ومحاكم الاستئناف الإدارية في الأحوال المنصوص عليها في نظام المرافعات الشرعية.
- Article 59
The Article bars objections to judgments of the Supreme Administrative Court, except a request for reconsideration by a person against whom the judgment is binding and who was neither brought into the case nor intervened in it.
لا يجوز الاعتراض على أحكام المحكمة الإدارية العليا، ما لم يكن الاعتراض بطلب إعادة النظر ممَّنْ يعد الحكم حجة عليه ولم يكن قد أُدخل في الدعوى أو تدخل فيها.
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.