Law Firm in Saudi Arabia: Filing and Responding to Appeals
Introduction
The appeal stage in the Saudi judicial system is a decisive phase that can completely change the outcome of a dispute.
It is not merely a formal step, but a substantive opportunity to correct legal or factual errors in first-instance judgments.
For any law firm in Saudi Arabia, understanding the rules governing appeals and, more importantly,
the obligation to respond to the appellant’s statement of appeal, is a core professional duty – not an optional courtesy to the client.
In particular, the Implementing Regulations for Methods of Appealing Judgments set out in detail how appeals are filed,
heard, and decided, and they emphasize the importance of written memoranda submitted before hearings. When a lawyer fails
to respond in writing to the statement of appeal, or submits only vague, generic arguments, this may rise to the level of
gross negligence, with serious consequences for the client’s rights.
What Will You Read in This Article?
In this article, you will learn:
- When an appeal should be filed before the Saudi courts.
- What the Implementing Regulations – especially Article 26 – require from the lawyer at the appeal stage.
- Why failing to respond to the statement of appeal may be considered gross professional negligence.
- How a professional law firm in Saudi Arabia should practically deal with appeal memoranda and court deadlines.
- Short answers to common questions about appeals, law firms, and lawyers’ responsibilities.
About the Author
Attorney and arbitrator Mohammed almuzayen has over fifteen years of experience, specializing in
construction disputes, contracting cases, government contracts, and franchise agreements. He holds a Bachelor’s degree
in Law from King Saud University in Riyadh (Class of 2009). His extensive practical experience includes working with
major national companies, such as Al-Majdouie Group, Binzagr Company, United Mining Investments Company, Al-Mawarid Joint
Stock Company (listed), and Golden Petroleum Investment Company.
When Must an Appeal Be Filed in Saudi Courts?
Q: What is the general time frame for filing an appeal?
In principle, an appeal must be filed within a specific statutory time limit that starts from the date on which the party
is formally notified of the judgment. This time limit is short and strict. Once it expires, the right to appeal is lost
and the judgment becomes final and binding.
A professional law firm in Saudi Arabia will therefore treat the day of notification as a critical date,
immediately reviewing the judgment, assessing the grounds available for appeal, and deciding – in consultation with the client –
whether to proceed. The appeal is then submitted in the form of a written memorandum containing:
- Identification of the judgment being appealed (number, date, court).
- The specific parts of the judgment being challenged.
- The legal and factual reasons for appeal.
- The precise requests: such as reversal, amendment, or partial annulment.
Q: Where is the appeal filed?
The memorandum of appeal is typically lodged with the same court that issued the first-instance judgment, which then
transmits the case file to the competent Court of Appeal. Once the appeal reaches the Court of Appeal, a new phase begins,
governed by the Implementing Regulations – including Article 26, which has direct implications for the lawyer’s duties.
What Does Article 26 Require From the Lawyer at the Appeal Stage?
Q: What is the core idea of Article 26 of the Implementing Regulations for Methods of Appealing Judgments?
Article 26 deals with cases where the appeal is heard by oral pleadings before the Court of Appeal.
The Article obliges the court to:
- Set a first hearing within a short period from the date the appeal is referred to it.
- Notify the respondent to the appeal (the appellee) of the hearing date within a minimum time before the hearing.
- Enable the appellee to review the statement of appeal and to file a written reply before the first hearing.
This is not an empty formality. Once the lawyer representing the appellee is notified of:
- The hearing date; and
- The contents of the appeal memorandum,
he becomes professionally and ethically bound to:
- Study the statement of appeal carefully.
- Understand each ground of challenge and any new claims raised.
- Prepare a comprehensive reply memorandum that defends the judgment and answers each
ground of appeal in detail.
The Regulations thus create a clear expectation: the court should receive the written reply
before entering the first hearing, so that it has a balanced view of both parties’ positions
when examining the case file and preparing for oral pleadings.
Legal Consultation
For tailored advice on appeal strategies, drafting reply memoranda, or assessing whether your previous lawyer’s conduct
amounts to negligence, you can contact the Law Office of attorney Mohammed almuzayen, a specialized
law firm in Saudi Arabia with extensive experience in commercial and civil litigation before the Courts of Appeal.
Why Is Failing to Respond to the Statement of Appeal Gross Negligence?
Q: Is silence or delay really that serious?
Yes. From a professional point of view, the lawyer’s failure to submit a written reply – or unjustified delay in doing so –
may be regarded as gross negligence. The risks to the client include:
- The appellate panel may read only the appellant’s version of events and legal arguments before the hearing.
- The court enters the first hearing with a one-sided file, giving the impression that the grounds of appeal are uncontested.
- The judgment under appeal may be reversed or amended based mainly on the appellant’s memorandum, in the absence of a
structured written rebuttal.
Oral arguments, no matter how eloquent, cannot fully replace a well-structured written defense.
Written memoranda are usually what:
- The court relies on when drafting reasons for its judgment.
- Higher courts look at when reviewing the case at a later stage.
When a lawyer knowingly omits to file a response, or submits a generic reply that does not address the grounds of appeal
one by one, this may amount to professional malpractice – particularly if:
- The client loses a favorable judgment.
- The operative part of the judgment is modified in a way that harms the client’s financial, contractual, or family rights.
- It appears that a serious, timely written reply could reasonably have led to a better outcome.
In such situations, the lawyer may face:
- Disciplinary liability before the competent professional authority.
- Civil liability if the client proves actual damage caused by the lawyer’s negligence.
How Should a Professional Law Firm in Saudi Arabia Handle Appeal Memoranda?
Q: What are the best practices for dealing with statements of appeal?
A serious law firm in Saudi Arabia will adopt internal procedures to ensure that no client is exposed
to these risks. Typical good practices include:
- Immediate registration of deadlines
As soon as the appeal memorandum and hearing notification are received, the deadlines for reply and the hearing date
are entered into a digital case management system, with automatic alerts. - Early review and legal assessment
The responsible lawyer reviews the grounds of appeal with a critical eye, identifying:- Points of pure law.
- Points of fact and evidence.
- Any procedural objections that can support the defense.
- Drafting a structured reply memorandum
The reply should:- Begin with a brief summary of the case and the judgment under appeal.
- Take each ground of appeal separately and answer it clearly.
- Cite relevant statutory provisions, regulations, and precedents where appropriate.
- Conclude with clear defense requests: confirmation of the judgment, rejection of the appeal, and, where needed,
ancillary requests.
- Coordination with the client
The draft reply is discussed with the client to verify facts, obtain missing documents, and ensure that the defense
reflects the client’s true position and commercial or personal priorities. - Timely filing and oral advocacy
The memorandum is filed well before the first hearing, and the lawyer prepares for oral pleadings on the basis that
the court has already read both sides’ positions, using the hearing to clarify, emphasize, and answer any questions.
This integrated approach respects the spirit of Article 26 and reflects the professional responsibility of the lawyer
towards the client and the court.
FAQ – Frequently Asked Questions
1. Is the lawyer obliged to reply in writing to the statement of appeal?
In light of the Implementing Regulations and professional standards, the lawyer representing the appellee is expected to
submit a written reply before the first hearing. Failing to do so can be considered a serious breach of the duty of defense.
2. Can oral pleadings alone be sufficient at the appeal stage?
In practice, no. Oral pleadings complement written submissions but do not replace them. Courts usually rely on written
memoranda as the primary source when drafting judgments and when higher courts later review the case.
3. When can a lawyer’s failure to respond be treated as negligence?
If the lawyer had enough time and information to respond but did not, or submitted a vague, unstructured reply that ignores
the grounds of appeal, and this leads to a negative outcome that could likely have been avoided, his conduct may amount to
gross negligence.
4. What should I do if I suspect my previous lawyer was negligent in my appeal?
You should consult an independent law firm in Saudi Arabia to review the case file, the timeline, and the
memoranda submitted. If negligence is evident and damage is proven, you may have grounds for a disciplinary complaint or a
civil claim for compensation.
5. Does hiring a specialized law firm really make a difference in appeals?
Yes. Appeals involve technical issues of procedure and substantive law. A specialized law firm with strong litigation
experience can identify valid grounds of appeal or defense, respect deadlines, and draft persuasive memoranda, which
significantly improves your chances of a favorable outcome.
6. Who are the big 5 law firms?
The expression “big 5 law firms” is an informal media term, not an official legal classification. It usually refers to a
small group of large, international or leading national firms with a broad team and cross-border capabilities. What matters
for clients is not whether a firm is labeled “big 5”, but whether it has real experience in the specific type of case, such
as appeals and commercial disputes.
7. How much are lawyers paid in Saudi Arabia?
Lawyers’ pay in Saudi Arabia varies widely depending on factors such as experience, specialization, the size and reputation
of the law firm, and whether the lawyer works in-house or in private practice. Senior lawyers and partners in established
firms may earn significantly more than junior lawyers, and complex commercial or arbitration work is often compensated at
higher levels than routine matters.
8. What are the big 6 law firms?
Like the term “big 5 law firms”, the phrase “big 6 law firms” is also an informal label used in some markets or
publications to describe a group of large firms. The composition of these lists can change over time and may differ from
one source to another. For clients, a better approach is to evaluate each law firm in Saudi Arabia based on
its track record, team, and expertise in the relevant practice area.
9. What are the big 3 law firms?
The term “big 3 law firms” is another non-official description sometimes used to highlight a few of the most prominent or
historically influential firms in a given jurisdiction. However, many boutique and mid-sized firms, such as the Law Office
of Mohammed almuzayen, can provide highly specialized and personalized services that are better suited to
certain disputes than very large firms.
Conclusion – Key Takeaways
The appeal stage is a critical safeguard in the Saudi judicial system, and the Implementing Regulations – particularly
Article 26 – are designed to ensure a fair and balanced examination of the case at this level. They provide the lawyer with
a valuable opportunity: access to the statement of appeal, a defined time window, and the right to file a written reply
before the first hearing.
Wasting this opportunity by failing to respond, or by responding weakly and superficially, is not just a tactical mistake;
it may constitute gross professional negligence with serious practical consequences for the client. A responsible
law firm in Saudi Arabia will therefore treat appeals with the highest degree of diligence, combining timely
filing, careful legal analysis, and clear written advocacy to protect the client’s rights.
Related Articles
- Article: Establishing an Industrial Company in Saudi Arabia
- Article: Establishing a Foreign Contracting Company in Saudi Arabia
Short Summary
This article explains how a law firm in Saudi Arabia should handle appeals and reply to statements of
appeal under Saudi law. It clarifies that Article 26 of the Implementing Regulations expects the lawyer of the appellee to
file a written reply before the first hearing, and that failing to do so may amount to gross negligence. The article,
authored by attorney Mohammed almuzayen, also outlines best practices for law firms at the appeal stage and
answers common questions about big law firms, lawyers’ pay, and professional responsibility in appeal proceedings.
