If you are asking, “How do I apply for a retrial in Jordan, and what are the grounds and deadline?”, the first step is to identify whether the matter is criminal or civil. A retrial is not a general opportunity to argue the case again simply because a party disagrees with the judgment. It is an exceptional procedure tied to defined grounds, a particular filing route, and specific consequences that may differ according to the type of case.

This article is general educational information only. It is not legal advice and does not guarantee any outcome. The correct procedure depends on the judgment, the case file and the legislation in force, so the applicable official sources and a qualified lawyer should be consulted before filing.

How do I apply for a retrial in Jordan, and what are the grounds and deadline?

Visual comparison of the criminal retrial route through the Ministry of Justice and the civil route before the court that issued the judgment

The official materials reviewed distinguish between criminal and civil retrial applications. In a criminal matter, the process begins with a written application filed at the Ministry of Justice registry and addressed to the Minister of Justice. The application is then referred to the Legal Affairs Directorate for review. If the Minister approves the application, it is referred to the Court of Cassation, which decides whether to reject or accept it.

In a civil matter, the application is filed before the court that issued the judgment, by a statement submitted in the ordinary form of an action. The statement must identify the challenged judgment and the grounds of challenge; the published civil text states that failure to include these matters makes the statement invalid.

When may a criminal retrial be requested?

The Ministry of Justice service guide states that the judgment must be final and that the request must rely on one of the following grounds:

  • A person was convicted of murder and sufficient evidence later establishes that the alleged victim is alive.
  • A person was convicted of a felony or misdemeanour, and another person was later convicted of the same offence. The two judgments can be reconciled, and the result supports the innocence of one of the convicted persons.
  • A person was convicted and the witness who testified against that person was later convicted of giving false testimony, provided that the witness’s testimony was not used in the new trial.
  • A new event occurred after the judgment, or documents previously unknown at trial were produced, and the event or documents could establish the convicted person’s innocence.
  • The judgment was based on forged documents.

These grounds show why a retrial application must be connected to a defined legal basis and supporting facts or documents. A general belief that the judgment was unfair, dissatisfaction with the assessment of evidence, or a wish to argue the case again does not, by itself, satisfy the standard described in the official material.

Which authority handles a criminal retrial application?

According to the Ministry of Justice guide, a criminal retrial application does not begin directly before the trial court. The applicant or the applicant’s lawyer files a written statement at the Ministry of Justice registry, addressed to the Minister of Justice. The Legal Affairs Directorate then studies the application and prepares its review. If the application is approved, it is sent to the Court of Cassation.

If the Court of Cassation accepts the application, it refers the case to a court of the same level as the court that issued the original judgment. The acceptance of the application therefore leads to a referral under the procedure stated in the official guide; it does not mean that the matter is automatically heard by the same court that issued the original decision.

Does a criminal retrial application suspend enforcement?

The official guide distinguishes between filing the application and its actual referral to the Court of Cassation. If the judgment has not been enforced, enforcement is suspended from the date on which the Minister of Justice refers the retrial application to the Court of Cassation. The Court of Cassation may also order a stay of enforcement in its decision accepting the retrial application.

This means that it would be inaccurate to say that merely lodging the application at the Ministry of Justice registry automatically suspends enforcement in every case. The stated effect is linked to the Minister’s referral, and the position may also differ where the judgment has already been enforced.

What is the criminal retrial deadline and fee?

The official Ministry of Justice material reviewed did not state a specific statutory deadline for submitting a criminal retrial application. It lists five days as the standard time required to provide the service, not as a limitation period for filing the application. The five-day service period should therefore not be treated as a legal deadline merely because it appears in the service guide.

The guide also states that a two-dinar registration fee is collected in a criminal case, while the general fee field appears in the published material as “not specified.” Any final assessment of the applicable deadline or fees should be checked against the legislation and official procedures in force on the filing date, together with the facts and date of the judgment.

How does a civil retrial application differ?

The official material available for review states that a civil retrial application must be submitted to the court that issued the judgment, using a statement in the ordinary form of an action. The statement must identify the challenged judgment and the grounds of challenge; otherwise, the published civil provision states that it is invalid.

The research material available here does not contain the full list of civil retrial grounds or the complete civil deadline. It would therefore be unsafe to apply the criminal grounds to a civil case or to assume a civil limitation period without checking the complete, current text of the Civil Procedure Law and any later amendments. In practice, the wording of the ground and calculation of time may be decisive.

Retrial, appeal and cassation: what is the difference?

  • Retrial: an exceptional remedy tied to specified grounds, such as a later event or document capable of proving innocence, or a judgment based on forged documents. It is not simply a second opportunity to reweigh all evidence.
  • Appeal: a different remedy. It should not automatically be described as a retrial, and its requirements and deadline depend on the type of case, judgment and applicable provisions.
  • Cassation: also differs from a retrial application. In the criminal procedure described by the guide, the Court of Cassation considers the retrial request after referral by the Minister of Justice and decides whether to accept or reject it.

Using these terms interchangeably can lead to practical errors because the competent authority, deadline, supporting material and effect on enforcement may not be the same.

Practical steps before filing

  1. Identify whether the judgment concerns a criminal or civil matter, and whether it is final where that is required.
  2. Obtain the judgment and identify the event, document or circumstance on which the application will rely.
  3. Connect the facts to a defined legal ground rather than simply stating disagreement with the decision.
  4. For a criminal application, prepare a written statement addressed to the Minister of Justice and file it at the Ministry of Justice registry under the official process.
  5. For a civil application, prepare a statement for the court that issued the judgment, identifying the judgment and the grounds of challenge.
  6. Before filing, verify the applicable deadline, fees, forms and any updated administrative requirements with the competent official authority.

Frequently asked questions

Is it enough to believe that the judgment was unfair?

No. The application must be tied to a defined legal ground and supported by appropriate facts or documents.

Is five days the criminal retrial deadline?

The reviewed guide presents five days as the standard service-delivery period, not as a filing deadline. The final statutory deadline did not appear in the materials reviewed.

Where is a civil retrial application filed?

It is filed before the court that issued the judgment, by a statement in the ordinary form of an action that identifies the judgment and the grounds of challenge.

Does filing the criminal application immediately stop enforcement?

The official description links the suspension effect to the Minister’s referral of the application to the Court of Cassation, not merely to filing the statement. The fact that the judgment has already been enforced must also be considered.

Conclusion

A retrial in Jordan is not an open-ended mechanism for reconsidering every judgment. It requires the correct classification of the case and a legally recognised ground supported by evidence. The reviewed official materials indicate that a criminal application starts at the Ministry of Justice registry, while a civil application is filed before the court that issued the judgment. Because the available material does not provide every detail, particularly the full civil grounds and the final criminal deadline, professional review of the current legislation and the case file remains an important step before filing.

Official sources