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Article 111 Of Chapter 11
Section: Penalties and Disciplinary Actions

As an exception from the provisions of Articles 49, 59 and 91 of the Law of Civil and Commercial Pleadings, the following shall be observed :

1 - Upon the request of the defendant, judgment shall be rendered to consider that the case has never been filed (void), if the defendant has not been summoned to appear before the court within thirty days from the date of submission of the summons with the Clerks Department, where this failure to serve the summons is attributable to the plaintiff.

2 - If the plaintiff or the defendant does not attend the first session or any other session, the court shall issue its judgment in the case or shall rule to cancel the case after verifying the validity of the process. The court shall decide cancellation of the case if both parties appear and agree to cancel the case. In the event where the plaintiff or appellant fails for the second time to appear before the court, the court shall, inside of cancelling the case, deem it (void) as it have not been filed. However, if the absent party appears before the court before the end of the session, the cancellation shall be void. The Court shall rule that the case is void if both parties fail to appear before the court after the start of the proceedings therein, or if either party fails to notify the other of the proceeding in the case within thirty days from cancellation, and the duration of the cancellation shall be included within this period if it repeated even if it wasn’t consecutive. The time shall not be deemed to have been observed without serving the process to the litigant party before the expiry of the period.

3 - The case may be suspended by agreement between the litigant parties not to proceed with it, for a period not exceeding two months from the date on which the court approves of their agreement. Such suspension shall not affect any mandatory time specified by the law in this regard. If the litigants do not resume the case proceedings within the fifteen days following the end of the period, regardless of the length of the period of stay, the plaintiff shall be deemed to have abandoned his case and the appellant shall be deemed to have abandoned his appeal.

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  • CMA Law