Appealing a Judgment in Saudi Arabia Under the Sharia Procedure Law and the Implementing Regulations for Objections to Judgments: Deadlines, How to File an Appeal Memorandum Through Najiz, Proceedings Before the Court of Appeal, Cassation Before the Supreme Court, and Petitions for Reconsideration.
A judgment has been issued against you, and you have only 30 days to challenge it. If the deadline passes without an appeal, the judgment becomes final and enforceable, and it will not help that you had strong legal defenses. This is the most important fact about appealing a judgment: the deadline is short and cannot be extended, and an appeal memorandum prepared in haste may be rejected on procedural grounds or fail to persuade the Court of Appeal.
This guide explains which judgments can be appealed, the objection deadlines and when they begin, how to submit an appeal memorandum through Najiz and what it must contain, the stages and timelines of appeal proceedings, cassation before the Supreme Court, and petitions for reconsideration.
Which Judgments Can Be Appealed?
As a general rule, all judgments issued by courts of first instance may be appealed, whether they come from general, commercial, labor, criminal, or personal status courts. Exceptions include:
- Judgments in minor claims designated by the Supreme Judicial Council. These are not appealable, even if the judgment states otherwise.
- Judgments that the losing party accepts or waives the right to challenge.
- Certain procedural decisions that cannot be challenged independently before a final judgment ends the dispute, unless the law provides otherwise.
The losing party has the right to appeal, as does a party whose claims were granted only in part, with respect to the relief that was not awarded.
Appeal Deadlines in Saudi Arabia and When They Begin
| Type of Challenge | Deadline | Court |
|---|---|---|
| Appeal against ordinary judgments | 30 days | Court of Appeal |
| Appeal in urgent matters | 10 days | Court of Appeal |
| Cassation petition | 30 days, or 15 days in urgent matters | Supreme Court |
| Petition for reconsideration | 30 days from becoming aware of the grounds for reconsideration | The court that issued the judgment |
When does the deadline begin? It begins on the day after the judgment copy is received, not on the date the judgment is pronounced. If the final day falls on an official holiday, the deadline extends to the next working day. Commercial court rules also provide a 30-day appeal period and a 10-day period for urgent matters and jurisdictional rulings.
If the deadline expires without an appeal, the right to challenge the judgment is forfeited, the court records the expiry, and the judgment becomes final and enforceable. To track the date you received the judgment and monitor deadlines, see our guide to Checking Case Status Through Najiz.
How to Draft a Strong Appeal Memorandum
An appeal memorandum is submitted electronically through the Najiz platform. The Implementing Regulations require it to state the appellant's requests and grounds of appeal; otherwise, it may be rejected on procedural grounds. The following elements often make the difference between an accepted memorandum and a rejected one:
- Details of the challenged judgment: the case number, judgment instrument number and date, and the court that issued it.
- A concise summary of the facts as established in the judgment, without emotional narration.
- Clearly organized grounds of appeal, with each ground in a separate section: an error in applying the law, failure to address a material defense, an error in evaluating evidence, inadequate reasoning, or a procedural violation.
- Supporting evidence for each ground drawn from the case file or the applicable legal provisions.
- Clear requests for relief: setting aside or amending the judgment, or remanding the case, with a precise statement of the relief sought.
- A request for an oral hearing if the case requires hearing the parties or presenting new evidence.
Najiz limits the amount of text that can be entered in the appeal field, so a detailed memorandum should also be attached as a file. A power of attorney must be attached if the appeal is filed by an authorized representative or lawyer.
Stages of Appeal Proceedings and Their Timelines
The Implementing Regulations for Objections to Judgments, published in Umm Al-Qura in August 2023, set out specific timelines for appeal proceedings:
- Applications to suspend enforcement: decided within five days after the objection period expires.
- Appeals by review of the record: the memorandum is examined within five days of referral, and the appeal is decided within 20 days.
- Appeals by oral hearing: the first hearing is scheduled within 20 days of referral, and the respondent must be notified at least five days beforehand.
- Response by the respondent: the respondent may submit a response within 10 days of notification.
- Appeals in urgent matters: decided within 10 days of referral, unless circumstances require otherwise.
- Adjournments: a hearing may be adjourned only for a recorded reason, not more than once for the same reason, and each adjournment may not exceed 30 days.
Important note: If the appellant fails to attend hearings and does not request that the appeal proceedings continue within 60 days, the right to appeal is forfeited.
Appeal by Review of the Record or by Oral Hearing?
| Comparison | Review of the Record | Oral Hearing |
|---|---|---|
| How the appeal is considered | Based on the case file and appeal memorandum, without the parties attending | Through hearings attended by the parties |
| Decision timeline | Within 20 days of referral | Longer, depending on the hearing schedule |
| When it may be appropriate | When the error is apparent from the record or concerns the application of the law | When the court needs to hear the parties or examine evidence |
In either case, the appeal memorandum remains central because the Court of Appeal examines the judgment within the scope of the grounds raised in the appeal.
Cassation Before the Supreme Court and Petitions for Reconsideration
Cassation Petition
A cassation petition may be filed against judgments issued or upheld by Courts of Appeal within 30 days, or 15 days in urgent matters. The Supreme Court does not rehear the facts; it reviews the legal validity of the judgment on specific grounds, including:
- Violation of the principles of Islamic Sharia or applicable laws.
- A judgment issued by a court that was not properly constituted.
- A judgment issued by a court or judicial circuit lacking jurisdiction.
- An error in the legal characterization of the facts or an incorrect description of them.
Petition for Reconsideration
This is an exceptional remedy against final judgments. It is submitted to the court that issued the judgment within 30 days of becoming aware of the relevant grounds. Such grounds may include discovering that documents on which the judgment was based were forged, fraud by the opposing party, or discovering decisive documents that had been concealed. The court decides whether to accept the petition within 20 days.
Mistakes That Can Cost You Your Right to Appeal
- Calculating the deadline from the date the judgment was pronounced instead of the date the judgment copy was received, or vice versa, without checking Najiz.
- Waiting until the final days and then encountering a technical problem or missing power-of-attorney documentation.
- Submitting a generic memorandum that repeats arguments made before the first-instance court without identifying errors in the judgment.
- Omitting a material defense from the memorandum, which may prevent the Court of Appeal from considering it.
- Appealing a judgment in a minor claim that is not appealable in the first place.
- Failing to attend oral appeal hearings until the right to appeal is forfeited.
- Failing to request a stay of enforcement when enforcement could cause harm that cannot be remedied.
When Do You Need an Appeal Lawyer?
An appeal is fundamentally a legal process. It is not won by retelling the story, but by identifying exactly where the judgment went wrong and why. For this reason, a lawyer who was not involved in the first-instance proceedings may sometimes be better positioned to identify weaknesses with a fresh perspective:
- To prepare the appeal memorandum and represent you before the Court of Appeal, request our Representation Before Courts of Appeal service.
- For commercial disputes, see our guide to Filing a Claim Before the Commercial Court.
- For labor cases, read about Litigation Procedures Before Labor Courts.
- For criminal cases, see our article on a Criminal Defense Lawyer in Riyadh and our Representation Before Criminal Courts service.
- To assess the prospects of an appeal before the deadline expires, book an In-Office Legal Consultation.
Frequently Asked Questions
What is the deadline for appealing a judgment in Saudi Arabia?
The deadline is 30 days for ordinary judgments and 10 days for urgent matters, beginning on the day after the judgment copy is received. If the deadline expires without an appeal, the judgment becomes final and enforceable.
How do I submit an appeal memorandum through Najiz?
Log in to Najiz using your National Single Sign-On account, select the appeal service for the relevant case, enter the grounds of appeal and the relief sought, attach the detailed memorandum and power of attorney if applicable, and submit the request before the deadline expires.
Can a judgment in a minor claim be appealed?
No. Judgments issued in minor claims designated by the Supreme Judicial Council are not appealable, even if the judgment states otherwise.
What is the difference between an appeal and cassation?
An appeal is filed with the Court of Appeal against a first-instance judgment, and the court reviews the facts and the applicable law. A cassation petition is filed with the Supreme Court against a Court of Appeal judgment and is limited to specific grounds, such as a violation of Sharia or the law, lack of jurisdiction, or an error in the legal characterization of the facts.
What happens if I miss appeal hearings?
Under the Implementing Regulations for Objections to Judgments, if the appellant fails to attend and does not request that the appeal proceedings continue within 60 days, the right to appeal is forfeited.
Has a Judgment Been Issued Against You? Your Appeal Deadline Is Already Running
We review the judgment and case documents, prepare a structured appeal memorandum with clearly organized grounds, and represent you before the Court of Appeal before the deadline expires.
info@novalegal.sa | Sahabah Road, Ishbiliyah District, Riyadh
Conclusion: Appealing a Judgment Is a Race Against Time
Appealing a judgment offers a genuine second chance, but it is subject to a 30-day deadline beginning when the judgment copy is received and requires an appeal memorandum that identifies the errors in the judgment, one by one. Accurately calculating the deadline, submitting a well-organized memorandum supported by evidence, and attending the hearings put you in a stronger position before the Court of Appeal.
The team at Nova Legal in Riyadh handles appeals, cassation petitions, and petitions for reconsideration in commercial, labor, criminal, and general cases through our Representation Before Courts of Appeal service and our Litigation and Dispute Resolution service. Address: Sahabah Road, Ishbiliyah District, Riyadh – Building 2/2, Al Hamra City, Second Floor, Office 202.