E-Litigation

E-Litigation (written pleading) is a service that allows the parties of a lawsuit to examine all the submissions in the case and enables them to engage in electronic pleading, exchange memoranda, and respond to panel requests. It was launched by the Ministry of Justice in the Kingdom of Saudi Arabia on May 28, 2022. The service preserves judicial guarantees, ensuring the principles of confrontation and public hearings.

The e-Litigation service preserves judicial guarantees according to a governance system that ensures two main principles, which are the following:

- Principle of confrontation: The service ensures the fulfillment of the right of defense, as the parties are capable of viewing all filings in the case, including memoranda and documents submitted during or in preparation for the hearing, and confront the opposing party with these materials.

- Principle of publicity of hearings: Joining the e-Litigation service is allowed under regulations taking into account the court's authority to maintain order. In addition, sessions are duly recorded and archived.

The e-Litigation service includes litigation procedures that can be conducted electronically, such as exchanging memoranda and responses, submitting documents, and holding hearings through written or visual sessions. All parties must have an active account in the Unified National Access Service 'Nafath', or they can create one. Additionally, the parties involved in the lawsuit have the right to electronically examine the case file.

Electronic litigation proceedings are exclusively conducted on the 'e-Litigation' platform or systems approved by the Ministry of Justice. The court may not conduct these proceedings through other means. Furthermore, the regulations governing testimonies, oaths, and verbalization of divorce or Khul' shall be observed. The ministry issues operational guidelines or the relevant service to the parties involved in the judicial process. In cases where electronic litigation is not feasible, the court may conduct it in person.

The e-Litigation service holds two types of hearings, which are the following:

- Written hearing: This refers to the court allowing the parties involved in a case to submit written pleadings, exchange memoranda, and file them. It also permits the court to direct requests and questions, to which the parties can respond in writing, attaching their documents.

- Visual hearing: This refers to virtual sessions with video and audio, held in digital courtrooms, with the parties attending through the ministry's approved means of communication for electronic litigation. During these sessions, the parties are cross-examined, the legal proceedings are completed, and rulings are delivered.

The e-Litigation service was developed according to the executive regulations of the Law of Procedure Before Shari'ah Courts. Accordingly, notification of a hearing, whether on the official platform or any other electronic means, constitutes a summons to the parties, and their knowledge of the hearing is deemed to be established thereby. Furthermore, the platform is designed such that both the plaintiff and the defendant, or either of them, are considered present during a written hearing if they submit their written submissions within the time limit specified by the court or if they join the video hearing within thirty minutes of the hearing time. If either party fails to attend within this period, they are dealt with under the provisions of the regulation after verifying that they have been served and that written hearing notifications or the video hearing link have been received.