How Long Does a Lawsuit Take in Jordan?

The duration of a lawsuit, from its initial stage to its final resolution, involves various phases, each contributing to the overall time required to resolve the case. In this article, we will discuss the time it takes for a lawsuit to go through the judicial process in Jordan.

How Long Does a Lawsuit Take?

Some cases in Jordan can be resolved relatively quickly, especially those that follow a fast-track process or have an urgent nature, such as labor disputes. Generally, there is no specific legal provision that dictates how long a case should take, except in certain types of lawsuits and arbitration. The time required to reach a final verdict depends on the type of case and the complexity or simplicity of its details.

Time Taken at the First Instance Court

The First Instance Court is where a lawsuit is initially filed and registered. These courts in Jordan are divided into Magistrate Courts and Courts of First Instance, each having specific jurisdiction based on the type and value of the case.

The division of courts and their respective jurisdictions helps in distributing cases, thereby expediting the resolution process. For instance, if a case’s value is less than 10,000 Jordanian Dinars, it falls under the jurisdiction of the Magistrate Court. If the value exceeds 10,000 Jordanian Dinars, the Court of First Instance handles it.

Stages of a Lawsuit

First, it’s essential to differentiate between civil lawsuits and criminal lawsuits, as they go through different phases.

• Civil Lawsuits: These begin with the registration of the lawsuit, followed by the trial phase, and then the issuance of the judgment.
• Criminal Lawsuits: These can be initiated either by public prosecution or by a complaint from the victim. Public prosecution cases begin with the public prosecutor gathering evidence and conducting investigations before the trial and final judgment. In cases requiring a complaint from the victim, the process starts with the complaint, followed by investigation, evidence collection, and finally, the judgment.

Registration of the Lawsuit

Registering a lawsuit involves filing the case with the court’s registry, which includes submitting the lawsuit file containing the necessary documents and information.

The lawsuit file should include the plaintiff’s name and national identification details, the defendant’s information, the subject of the case, its value, relevant facts, and the plaintiff’s requests. The file should also contain all supporting documents and evidence, with multiple copies available for review.

Exchange of Pleadings

The exchange of pleadings is the process of delivering a copy of the lawsuit to the defendant, giving them the opportunity to respond within a legally specified time frame. This exchange usually occurs before the court hearing.

Some lawsuits do not require an exchange of pleadings. In such cases, the court schedules a hearing within ten days of the lawsuit’s registration.

If the defendant fails to submit their pleadings within the legal timeframe, they lose the right to do so and must rely solely on their final defense statement, which should include their objections and arguments.

Judicial Notification

Judicial notification is the process of informing the defendant about the lawsuit filed against them. This can be done through the court’s notification department or via other means like postal service.

With technological advancements, judicial notifications can also be sent via email, personal accounts, or even through SMS or phone calls.

Absence of the Defendant from Court

The defendant’s presence at the court hearing significantly impacts the progress of the lawsuit and the court’s ruling. If the defendant is absent despite being properly notified, the court may continue with the proceedings and reach a final judgment.

Lack of Notification

If the defendant is not properly notified of the lawsuit, the hearing may be postponed until notification is ensured. Proper notification is crucial as it affects the defendant’s ability to defend themselves and the overall progress of the case.

Fast-Track Litigation

Fast-track litigation is a process introduced by the Jordanian Ministry of Justice for certain lawsuits. Cases that qualify for fast-track litigation typically involve amounts up to 3,000 Jordanian Dinars or less. In cases where the value is not specified, an estimated value is determined by a specialized judge.

For fast-track cases, the court schedules a hearing within a week of the lawsuit’s registration, and a final judgment is issued within three months.

Judicial Appeals

Judicial appeals are the application of the principle of two-tier litigation. An appeal is a legal challenge to the first court’s decision by the party adversely affected by the judgment, requesting a review of the case.

Although appeals may delay the final resolution of the lawsuit, they are a safeguard for ensuring justice. It is important to note that appeals can only be made once.

The management of the lawsuit aims to streamline the procedures and oversee the case’s progress, with the judge striving to issue a judgment that aligns with the evidence, testimonies, and information presented in the case.

Conclusion: How Long Does a Lawsuit Take?

The duration of a lawsuit in Jordan varies depending on the type of case, its complexity, and the efficiency of the legal process. While some cases may be resolved quickly, others may take longer, especially if they involve multiple stages and appeals.