Requirements to File a Lawsuit in Egypt

In Egypt the legal system is derived through civil law which is highly influenced by French jurisprudence. If you are looking for guidance on how to file a lawsuit, understanding the Egyptian legal framework is crucial. Judicial system is separated into civil, administrative, and criminal judiciary and each one is regulated by elaborate procedural guidelines. It would be impossible to have a successful litigation in Egypt without a proper grasp of the court systems, filing of cases in Egypt, the jurisdiction regulations as well as enforcement of the judgment post-judgment. This paper will provide a brief introduction of the Egyptian international legal system and will describe the most important steps and legal conditions of initiating and prosecuted a lawsuit.

Overview of the Egyptian Legal System and Litigation Framework:

Egypt uses a civil law system in which it draws greatly on France legal traditions. The judicial framework in Egypt consists of three main branches: civil, administrative, and criminal, each handling a distinct category of disputes through specialized procedures. In the top of judicial system, there is the Supreme Constitutional court, Court of cassation (which is topmost appellate court in terms of civil and criminal cases) and the Supreme administrative court. Also, there are special Economic Courts, based on the Law 120/2008, which are vital in settling the commercial and financial disputes and this indicates that Egypt is undertaking the modernization of the legal process of handling matters that pertain to economics.

Capacity:

Article 13 on Civil and Administrative Procedures provides as follows:

“No person may litigate unless he has standing (legal capacity to sue) and a present or potential interest recognized by law.”

 Paragraph 2: The judge shall, on his own motion, raise the issue of lack of standing on the part of either the claimant or the defendant.”

Paragraph 3: “The judge shall also raise, on his own motion, the lack of authorization whenever it is required by law.”

Furthermore, Article 65 provides for an additional requirement for filing a lawsuit as follows:

1. The claimant and the defendant must have legal standing.

2. The claimant must have a present or potential interest.

3. The required authorization must be obtained, if stipulated by law.

4. The claimant must have legal capacity.

Steps to file a lawsuit in Egypt:

A) Court Registry Filing:

Statement of claim must be accompanied by:

1. Proof of fee payment (or exemption).
2. Copies equal to number of defendants + two for the registry.
3. Original supporting documents or copies under claimant’s responsibility.
4. Explanatory memorandum or a declaration that the statement fully explains the case.

B) Registry’s Role:

• Must record the filing date.
• If documents are incomplete → matter referred to the judge of urgent matters.
• If judge orders registration → considered filed from the original request date.

C) Notification to Defendant:

Upon filing the statement of claim and papers, the registry of the court finally enters the case, assigns a number to it, and also sets a date for the initial hearing. The case, however, will not proceed unless the defendant has been served. This is carried out by the office of the bailiff, and the attorney must monitor the proceedings to verify if the defendant has been served. With-out reasonable notice, the case will be postponed or dismissed – Invitation to review file and submit defense documents.

Jurisdiction Rules

Local Jurisdiction:

• Court of defendant’s domicile (unless law states otherwise).
• If no domicile → court of residence.
• Multiple defendants → court of any one defendant’s domicile.
• Subject-Matter Jurisdiction:

Summary Courts:

Claims up to 200,000 EGP

Final judgment if claim 30,000 EGP.

Competent regardless of value in:

1. Water usage & canal, drain maintenance.
2. Boundary and distance disputes (if ownership not disputed).
3. Partition of jointly owned property.
4. Wage and salary claims.
5. Signature validation (any value).
6. Delivery of immovable property (as original claim).

Other Types of Jurisdiction:

Functional (Jurisdictional): divides authority between administrative and ordinary courts (civil, commercial, and criminal).

Value-Based: depends on claim value, determines:

• Competent court.
• Whether judgment can be appealed.
• Court fees payable.

Deadlines and Limitation Periods:

Before filing, the lawyer must check that the lawsuit is not barred by time limits. Each type of case has its own limitation period (for example, three years for commercial debts, fifteen years for civil claims). Filing after the limitation period has expired makes the lawsuit inadmissible. Lawyers must also consider interruption or suspension of limitation when relevant.

Representation and Ongoing Duties:

Suing is only the beginning. Attorneys must continue to represent their clients during the duration of the proceeding. This includes attending hearings, presenting oral arguments, filing written memoranda, and responding to the opposing side’s claims. Attorneys must also inform their clients of the case’s progress and suggest settlement possibilities or appeals if necessary.

Ethical Restrictions on Lawyers

According to the Egyptian Advocacy Law, lawyers cannot file cases based on false claims, forged documents, or bad faith litigation. They are also prohibited from representing both sides of a dispute. Respecting these ethics maintains the integrity of the profession.

Use of Experts:

In some cases, the court may appoint an expert (e.g., accountant, engineer, handwriting expert) to review technical matters. The lawyer must cooperate with the expert, submit relevant documents, and attend expert meetings. Lawyers are also responsible for paying the expert’s fees on behalf of their clients when ordered by the court.

Execution of Judgments

Winning a case is not the final step. Lawyers must also handle “execution procedures”, which include obtaining the writ of execution from the court and requesting enforcement through bailiffs. Execution may involve seizure of assets, bank accounts, or property. A lawyer must be experienced in this area to ensure the judgment is effectively carried out.

Conclusion:

A lawsuit in Egypt is not merely concerned with writing a legal petition, but it is a formal procedure which mandates the lawyer to fulfill several professional and procedural constraints. Obtaining the proper license, securing a valid power of attorney, preparing evidence effectively, paying the required court fees, and ensuring proper service of process are essential steps that determine the success of a case. Moreover, the attorney must observe the law in terms of deadlines.

This article offers a general overview of the subject matter and is not a substitute for legal advice. For guidance tailored to your specific circumstances, professional consultation is recommended.

If you choose us to support your specific issue, please do not hesitate to contact us using Inquiries Form (link) or by sending an email to coop@youssrysaleh.com.