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An appeal in the context of Dubai's legal system refers to the process of challenging the judgment of a lower court. The purpose of appeal law is to review the legality, fairness, and appropriateness of decisions made by the courts. If you're dissatisfied with a judgment, you have the right to appeal it in the higher courts such as the Court of Appeal and the Court of Cassation. These two courts are tasked with ensuring that lower court judgments are in line with the Constitution, Federal laws, and decrees enacted by Dubai authorities including the Islamic Sharia Law.
Appealing a court judgment in Dubai can be a complex and stressful process, as it involves intricate legal principles and technicalities. A lawyer can help you interpret and navigate the laws, prepare and file the necessary paperwork, represent you in court, and argue your case in the best way possible. Lawyers are crucial when you are facing serious criminal charges or complex civil lawsuits where significant assets are in dispute, where an error in judgment can lead to a significant loss of money, time or even freedom.
Dubai's appeal laws are entrenched in the United Arab Emirates' Federal Laws, local decrees, and Islamic Sharia law. An appeal must be filed within a specified time period, usually 30 days from the date of judgment. The high courts examine the legality of the lower court's judgment, reviewing the facts and legal issues implicated in the case. It's important to note that you cannot present new evidence at the appeal stage, except in certain circumstances. The high courts can confirm, reverse, or modify the lower court's decision or send the case back to the lower court for a re-trial.
The general rule is that you have 30 days from the date of the judgment to file an appeal. However, this timeline can be shorter for some specific types of cases. It's therefore advisable to consult a lawyer as soon as possible after a judgment is rendered.
In general, no new evidence can be introduced in the appeal stage. However, in exceptional cases where the evidence could have had a significant influence on the judgment, and there were valid reasons for not presenting it in the initial trial, the Courts of Appeal might allow it.
A judgment from a Court of First Instance can be appealed at the Court of Appeals. If the outcome at the Court of Appeals is still not satisfactory, a further appeal can be made to the Court of Cassation. After this, there are typically no further rights of appeal.
If you lose an appeal, the ruling of the lower court remains enforced. Costs of the appeal may also be charged to you depending on the specifics of your case.
While it is not legally required to have a lawyer, it is highly recommended. The appeal process can be complex and requires a deep understanding of legal principles and court procedures.
The Dubai Courts website and Dubai Government’s official portal provide comprehensive information on law and judiciary. The legal aid centers in Dubai also offer help to those looking for legal guidance on appeals.
If you need to initiate an appeal, your first step should be to consult with a lawyer who specializes in the specific area of your case. Gather all the documentation, evidence, and details related to your case to make a comprehensive case for appeal. Be sure to file the appeal within the required timeframe, and prepare thoroughly for subsequent court proceedings.
