The process of filing lawsuits begins with a legal statement of claim containing the facts of the dispute and the legal grounds supporting the plaintiff's requests. This procedure represents the formal gateway through which a rights-holder accesses the judicial platform, necessitating the utmost care in the substance of the statement of claim and its procedural validity. The judicial system is founded on the adversarial principle between the parties, which is clearly manifest when exercising the right to litigation guaranteed by the Constitution. This underscores the need to build a well-crafted legal strategy that ensures the case is presented before the competent court with clarity and precision, in pursuit of expeditious justice and the vindication of rights for their holders.

Procedures for Filing Lawsuits

The litigation process is subject to a precise procedural framework that begins from the moment the relevant right and the applicable law are identified, through to obtaining an enforceable judicial judgment that protects the clients' interests. The steps for bringing a claim are as follows:

  1. Determining the precise legal characterisation of the dispute to ensure referral to the competent court.
  2. The attorney assumes responsibility for developing a comprehensive defence strategy.
  3. The statement of claim is drafted to include all particulars of the parties, the facts, the legal grounds, and the final relief sought.
  4. The statement of claim is lodged with the registry of the specialised court for review of its formal and substantive requirements.
  5. The law requires payment of the prescribed amounts and fees to complete the case registration process.
  6. The court carries out the legal notification procedures for the defendant to ensure that he is aware of the hearing dates and the substance of the claim brought against him.
  7. The parties to the dispute present their arguments, written submissions, and witness testimony before the court.
  8. The legal counsel submits the closing pleadings aimed at persuading the judicial conscience of the merits of the relief sought in the statement of claim.
  9. The court issues its judgment determining the merits of the dispute.
  10. The parties to the dispute may challenge the judgment before the courts of appeal.
How Are Lawsuits Filed?

Filing Lawsuits

Types of Lawsuits

The legal tracks followed in filing lawsuits vary according to the nature of the right infringed and the competent judicial authority. They are divided principally into:

Civil and Commercial Cases

These encompass all disputes arising from contracts and financial obligations, as well as corporate and commercial agency matters requiring a high degree of legal precision in drafting to ensure the recovery of financial rights.

Criminal and Penal Cases

These deal with crimes and offences affecting the security of society and individuals, such as major felony cases, state security, and narcotics cases. These actions aim to apply the penalties prescribed by law against offenders.

Sharia and Personal Status Cases

These relate to family matters including marriage, divorce, custody, and inheritance, as well as partition of co-ownership cases heard by the special committees at the Land and Survey Department.

Administrative and Specialised Cases

These are directed against decisions issued by governmental authorities, or those relating to customs and taxation matters, and require an in-depth knowledge of the special laws and regulations governing the operations of these bodies.

Read also: Preparation and Drafting of Legal Contracts.

How to Choose the Correct Judicial Track?

There are essential criteria for choosing the correct judicial track when filing lawsuits, set out as follows:

  • Begin by precisely identifying the nature of the legal dispute to classify it as a civil, commercial, criminal, or sharia case.
  • Determine the court with subject-matter and territorial jurisdiction over the dispute to ensure that the filing procedures are accepted and to avoid formal rejection.
  • Study the applicable law governing the subject matter of the dispute to assess prospects of success and build a defence strategy prior to the steps of bringing the claim.
  • Ensure that all procedural requirements and prescribed legal time limits are satisfied before formally commencing the case registration process.
  • Evaluate the possibility of resorting to legal alternatives such as mediation and arbitration where the nature of the dispute permits an amicable settlement.
  • Examine the available evidence and proof to ensure compliance with the evidentiary requirements specific to the chosen judicial track.

The Best Office for Conducting Lawsuits

Abu Hadba Law Firm is the optimal choice when deciding to file lawsuits in the Hashemite Kingdom of Jordan. The firm comprises an elite group of practising attorneys duly registered with the Jordanian Bar Association. The firm possesses extensive experience in representing clients before all civil and sharia courts, as well as chambers of industry and commerce, in addition to specialised expertise in major felony cases, state security, and narcotics.

We believe that the success of a case begins with carefully considered steps in bringing the claim. Accordingly, we guarantee our clients the highest standards of precision in submitting the case to the court and following up on the lawsuit registration procedures to ensure the efficient and professional recovery of rights.

Read also: Providing Legal Solutions and Consultations.

How Will Abu Hadba Law Firm Assist You?

Abu Hadba Law Firm provides a range of legal services to support clients in filing lawsuits, covering the following tracks:

Comprehensive Judicial Representation

Undertaking pleading and defence functions before all civil courts, sharia courts, major felony courts, the State Security Court, as well as chambers of industry and commerce.

Procedural Litigation Management

Our team handles all the steps of filing the claim, from drafting the legal pleadings through to submitting the case to the court and attending trial hearings.

Case Registration and Documentation

We complete the lawsuit registration procedures at the registry of the competent court, pay the prescribed legal fees, and ensure the validity of judicial notifications to the opposing parties.

Mediation and Commercial Arbitration

The firm provides dispute resolution services amicably through mediation, or via arbitration proceedings to settle financial disputes and matters relating to company formation and amendment of their contracts.

Drafting Legal Contracts

We prepare and review all types of commercial and civil contracts and agreements to ensure the protection of clients' legal positions prior to resorting to litigation.

Representation of Bodies and Institutions

Our team conducts all transactions and contracts before public and private authorities, and manages the legal affairs of banks, debt collection companies, and lending institutions.

How Are Lawsuits Filed?

Filing Lawsuits

Why Choose Abu Hadba Law Firm?

Abu Hadba Law Firm distinguishes itself through professional attributes that make it the trusted legal gateway when deciding to file lawsuits. The following are the most prominent of these advantages:

  • The firm comprises an elite group of practising attorneys officially registered with the Jordanian Bar Association, ensuring the highest levels of professionalism.
  • Our team holds the right to plead before all civil and sharia courts, the major felony courts, and the State Security Court in the Kingdom.
  • We guarantee the utmost precision in executing the steps of bringing the claim in accordance with the provisions of the Jordanian Civil Procedure Law.
  • The firm possesses specialised expertise in narcotics cases and complex commercial disputes requiring well-crafted defence strategies.
  • We handle all administrative and financial procedures relating to the submission of the case to the court to ensure its acceptance on both formal and substantive grounds.
  • We provide diligent follow-up throughout the case registration stage to ensure the completion of legal proceedings without procedural impediments.
  • We employ mediation and commercial arbitration techniques as effective alternatives to dispute resolution and the protection of the interests of companies and investors.
  • We harness negotiation and legal persuasion skills to reach amicable settlements that preserve clients' rights and spare them the burden of litigation.
  • We conduct all transactions and contracts before public and private authorities and co-ownership partition committees at the Land and Survey Department.
  • We provide precise legal consultations to assist clients in making the right decision before commencing the process of filing lawsuits.

Frequently Asked Questions

Is it possible to file a lawsuit without engaging an attorney?

Jordanian law permits individuals to represent themselves in cases before the Magistrate's Court where the value of the claim does not exceed one thousand dinars only.

What is the limitation period for the right to bring a judicial claim?

The period varies according to the type of dispute; however, the general rule in civil claims is fifteen years unless the law provides otherwise.

Does the plaintiff recover the court fees if the case is won?

The law obliges the losing party in the dispute to pay the court fees, judicial expenses, and attorneys' fees incurred by the prevailing party.

Filing lawsuits represents the formal legal track for the recovery of rights and protection of interests in accordance with established principles. Adherence to procedural rules when submitting the case to the court and following up on the lawsuit registration process ensures the effective conduct of proceedings.

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