Department Terms of Reference:
1.Issuing appeal summons for the judgments which may be appealed according to the law, pursuant to the request of those concerned.
2.Receive appeal summons from those concerned and register them in the computer system.
3.Deliver the appeal summons to the notification section for notification and opening files for them, then send them to the hearings secretaries, each in his field of specialization.
4.Execute all decrees passed by the court in the next day after passing them.
5.Migrate the lawsuits to the computer daily after ending the hearing, in addition to full recording of the text of the conclusive judgment.
6.Receive the appealed penal cases files from the public prosecution roll and register them in the computer, then deliver them to the hearings secretaries.
7.Receive the appeal files received from the Follow Up Section and forwarded by the Roll Section.
8.Receive the 1st instance files from the Archive Section in the Court of First Instance or Penal Courts, and forward them by computer to the secretary in the Court of Appeal, then forward them to their source after passing the conclusive judgment in the appeal.
9.Receive the new appeal summons and notified notifications or re-notified notifications from the Notification Section and enclose them with the appeal file.
10.Issue certificates for filing the appeal and certifying the certificates for non occurrence of appeal, pursuant to the request of those concerned.
11.Load copies of the appeal summons and all documents lodged in the file by the scanner system.
The Court of Appeal Clerks Department undertakes its works under the supervision of the Court President, and has the following terms of reference:
1.General supervision of the Department personnel.
2.Execute the Department general policy and control the implementation of the rules and regulating of the progress of work in the Department’s Controls, its sections and branches.
3.Supervise the implementation of the decrees passed by the Court chambers and prepare the approved statistics and cases.
The Department’s organizational structure consists of the following organizational units:
Control the lawsuits, roll and notification, consisting of the following sections:
-Case Officers Section, concerned with the following:
1.Prepare appeal summons for the judgments which may be appealed, according to the law, pursuant to the request of those concerned.
2.Prepare a memorandum of the inquiries of applicants and refer them to the Technical Office for a decision.
-Roll Section, concerned with the following;
1.Receive appeal summons from those concerned and process them into the computer.
2.Deliver the appeal summons to the Notification Section, in preparation for notifying them and opening files for them, then forward them to the hearings secretaries, each in his field of specialization.
3.Receive the files of appealed penal cases from the Public Prosecution roll, process them into the computer and then deliver them to the hearings secretaries.
4.Receive the requests for assessment of attorney’s fees and fees of experts from those concerned and process them into the computer, then open files for them and deliver them to the hearings secretaries.
5.Issue certificates for occurrence of appeal and certify the certificates for non appeal, pursuant to the request of those concerned.
6.Prepare a weekly statistics on the number of appeal objections received by the Section.
Notification Section, consisting of the following branches:
•Notification Action Branch, concerned with the following:
1.Checking the details of the appeal summons submitted by the concerned parties before their delivery to the Roll Section.
2.Receive the original appeal summons from the Roll Section for notification.
3.Receive the summons which have been re-notified or required to be notified by guidance- not listed in the roll- from the applicants pursuant to the court’s decree in order to take the required action towards them.
4.Receive penal warnings and notifications from the hearings secretaries and deliver them to the process servers.
5.Prepare the required letters for notification of summons by diplomatic channels
6.Receive the notified summons daily from the process servers and register them in the computer system.
Notification Representatives Branch, concerned with the following;
1.Receive the summons required to be notified by guidance from the applicants and distribute them to the representative, each according to his specialization.
2.Issue notifications by registered mail of the papers notified by the police station and complete their details.
3.Prepare the daily statistics of the works carried out by the process servers.
•Process Servers Procedures Follow Up Branch, concerned with the following;
1.Review the notification reports and verify the accuracy of their details legally and procedurally.
2.Prepare the lists of the appeal summons and papers notified by the police station and deliver them daily to the general mail.
3.Supervise the mail machine and conduct an inventory of the custody daily.
Circulated Documents Section, concerned with the following:
1.Load a copy of the appeal summons, the appeal fees payment receipt and 1st instance judgment for the new files listed in the roll by the scanner system.
2.Receive the documents submitted in the daily hearings, classify and load them by the scanner system from the hearings minutes, memoranda and dockets.
3.Receive the files which have been decided, classify their papers and load them by the scanner system.
4.Identify the type of the document submitted in the daily hearings, the decided file, and number of its papers, and load the documents submitted by the scanner system whereby the number of its papers match the number loaded.
5.Other relevant works assigned to it.
•Hearings and Archive Secretaries Control, consisting of the following sections:
Civil Secretaries Section, concerned with the following:
1.Receive the appeal files from the Follow Up Section and forwarded by the Roll Section.
2.Receive the 1st instance files received from the Archive Section in the Court of First Instance or Penal Courts, and send them by computer to the Court of Appeal secretary and forward them to their issuer after passing the conclusive judgment in the appeal.
3.Receive the new appeal summons and notified notifications or re-notified notifications from the Notification Section and enclose them with the appeal file.
4.Prepare the hearing list and prepare the weekly cases files.
5.Attend the hearings with the court tribunal during the deliberation.
6.Execute all decrees passed by the court in the next day after passing them.
7.Migrate the lawsuits by computer daily after the end of the hearing, in addition to a complete recording of the text of the conclusive judgment.
8.Other relevant works assigned to it.
Penal Secretaries Section, concerned with the following:
1.Receive the crime files from the Roll Section, and present them to the Counsel/Head of the Chamber for scheduling the hearing.
2.Call the defendants from the central jail to appear in front of the court during the hearing of the appeals.
3.Attend the hearings with the court tribunal during the deliberation.
4.Forward lists of the penal cases lists upon passing a judgment in them or the decrees of exonerating the defendants to the Criminal Execution Department in the Public Prosecution for enforcement.
5.Forward the appealed penal cases files to the Penal Clerks Department within 30 days of the date of passing the judgment.
6.Issue certificates of the court’s decree or text of the judgment to the concerned parties in certain cases.
7.Raising the appeal files upon passing the conclusive judgment in them, and then send them to the public prosecution in order to take the action it deems in this respect.
8.Other relevant works assigned to it.
Follow Up Section, concerned with the following:
1.Receive the new appeal files listed in the Roll Section and forward them to the hearings secretaries.
2.Receive the 1st instance files (items) from the Court of First Instance Archive Section and forward them to the hearings secretaries.
3.Receive the files (items) from the district courts directly and forward them to the secretaries.
4.Follow up the merger of the items from all the courts departments (district and 1st instance)
5.Receive notifications from the Notification Section and distribute them to the hearings secretaries.
6.Receive visitors of the Court of Appeal and process their requests.
7.Furnish the hearings secretaries with the requirements (stationary – outgoing letters forms – distribution of the bailiffs – receiving the files referred to the experts and send them- forward the files for which a revocation judgment is passed and return to the 1st instance – enforce the court’s decree for merging the execution files, etc.)
8.Receive files of decided appeals and forward them to the Archive Section in the Court of First Instance.
9.Follow up the receiving at the entity to which the files or notifications were sent (by computer)
10.Furnish and follow up the needs of counsels
11.Receive the documents submitted in the daily hearings, classify and load them into the system (from the minutes of the hearings – memoranda and dockets)
12.Receive decided files, classify their papers and process their details into the computer.
13.Laod the documents submitted by the system, whereby the number of their papers conform with the number loaded.
14.Other relevant works assigned to it.
Typing Section, concerned with the following:
1.Receive draft judgments required to be typed from the hearings secretaries and enter them in special registers.
2.Type judgments and decrees passed by the court, by priority of receiving them, taking into consideration the objection by cassation dates determined by law.
3.Type all the Department’s works.
Archive Section, concerned with the following:
1.Receive and register the appeal files, the judgment of which has become conclusive, or those which have been struck out or the legal date for renewing them lapsed, in the records prepared for this purpose.
2.Receive and keep the files for requesting expert fees assessment order.
3.Deliver to the concerned parties a true copy of the judgments, executive form or documents lodged in their appeal files.
4.Receive applications for merging the files from the applicant entities and enclose them with their files.
5.Issue letters for refund of bails deposited in the appeal after confirming the entitlement of the appellant to the same.
•Ahmadi Control:
•Farwaniya Control:
Both undertake all the required procedures for objecting judgments which may be challenged by appeal.
Each control consists of the following sections:
oSecretariat Section
oCase Officers Section
oRoll Section
oNotification Section
oHearing Secretaries Section
oTyping Section
oArchive Section
oCirculated Documents Section
Every section is concerned with the same terms of reference assigned to the corresponding section in each of the Cases, Roll and Notification Control and the Hearings Secretaries and Archive Control of the Capital Governorate Court.
•Ministers Trial Control: undertakes the investigation and action procedures in the reports, crimes and lawsuits in which the charge is attributed to the ministers and their trial. The Control consists of two sections:
oInvestigation Secretaries Section, concerned with the following:
1.Receiving the reports received from the attorney general’s office – submitted against the ministers- register and present them to the chairman of the investigation committee to take the required action in this respect.
2.Notify the prime minister, National Assembly speaker and minister against whom the report is submitted of the topic of the report.
3.Prepare the case files.
4.Attend the investigation sessions conducted by the committee, enforce and follow up its decisions, whether related to the request of appearance of the person against whom the report is submitted, the witnesses or defendants.
5.Enforce the travel ban decisions or cancel them.
6.Prepare the requests for brining defendants from the central jail to appear in front of the investigation committee.
7.Prepare the records of the investigation committee “report registration record, imprisonment orders registration record, travel ban orders registration record, record of banning transaction and management of funds, record of registering cases being heard and referred to the Ministers Court, record of registering cases in which a decision is passed for keeping them on file.”
8.Receive the requests for issuing to whom it may concern certificates from the concerned parties and furnish them with the certificates according to the case files, after presenting them to the chairman of the investigation committee.
9.Receive all the correspondences, letters, etc. received by the committee.
10.Follow up the merger of the items requested by the committee and present them to the committee chairman to take the required action in this respect, and then forward them to the entity from which they were received.
11.Communicate with the attorney general or his deputy to attend the investigation hearings.
12.Furnish and follow up the needs of the counsels original and standby members of the committee
13.Receive the inquiry requests received by the committee form the minister against whom the report is submitted, his attorney, the reporter or his attorney and send the requirement.
14.Execute the decisions passed by the Ministers Court in the grievances, travel ban papers, extension of imprisonment period, release of a defendant, etc.
15.Raise the lawsuits files and reports upon issuing a decision in them after confirming the signing of the chairman and members of the committee of the same, then forward them to the Ministers Court or the Archive Section, as per the case.
16.Notify the attorney general immediately of the result of the investigation committee’s action, and furnish him with a copy of the papers and investigations carried out, as well as the date of the trial hearing.
17.Notify the prime minister and the National Assembly speaker with a copy of the indictment decision, the list of the proof evidences or the order passed by the investigation committee within forty eight hours of being passed.
18.Prepare periodical reports on everything related to the reports and lawsuits and furnish the Council of Ministers with a copy thereof.
19.Register all the correspondences and communications (decrees, requests, grievances, etc.) in connection with the Section’s works in the records prepared for this purpose.
20.Keep the lawsuits files, as well as the correspondences and communications of the Section.
21.Undertake all the typing and photocopying works concerned with the Section.
22.Any other relevant works assigned to it.
oHearings Secretaries Section, concerned with the following:
1.Receive the lawsuits and grievances files received from the Investigation Secretaries Section and register them, then present them to the president of the court to schedule a date for the trial hearing or for hearing the grievances.
2.Receive the inquiry requests and requests to issue to whom it may concern certificates from the litigants, and present them to the president of the court.
3.Receive all the correspondences, letters, etc., received by the court, follow up the merger of the items requested by the court and present them to the president of the court.
4.Prepare the lawsuits files before the hearings, enforce the decisions passed by the court and prepare the roll for registering the lawsuits received from the hearings secretaries and grievances filed for the travel ban orders and orders of banning transaction and administration of funds.
5.Notify the attorney general of the date of starting the trial hearings.
6.Deliver drafts of judgments passed by the court to the typists to type them, then receive them to sign by the president of the court, and deliver copies thereof to the concerned parties upon request.
7.Send the items already merged by the court after finishing with them, to the entity from which they were received.
8.Send the adjudged lawsuits files to the Criminal Execution Section and raise the file as per the sequence.
9.Raise the files of lawsuits and grievances upon passing a decision in them, after confirming the signature of the president of the court and its five members, then send them to the Archive Section for archiving.
10.Register all the correspondences, letters, draft judgments and decisions passed by the court in the records prepared for this purpose.
11.Issue to whom it may concern certificates according to the files of lawsuits and deliver them to the concerned parties, after presenting them to the president of the court.
12.Keep the files of the lawsuits and all the correspondences or letters relevant to the Section.
13.Undertake all the typing and photocopying works of the Section.
14.Other relevant works assigned to the Section.
oSecretariat Section, reporting directly to the Department manager, consisting of the following branches:
•Personnel Affairs Branch, concerned with the following:
1.Organize the Department personnel files, receive the applications concerned with their employment affairs such as leaves, performance competency evaluation reports, etc.
2.Prepare the periodical leaves plan for the Department personnel and organize them before starting the judicial year holiday.
3.Coordination with the Administrative Development, Training and Planning Department in connection with the field training of the personnel nominated by the Department.
4.Receive the monthly statistics for the number and type of lawsuits, in each chamber of the court chambers, from the Secretariat Section.
•Outgoing and Incoming Mail Branch, concerned with the following:
1.Receive all correspondences addressed to the court.
2.Issue all correspondences concerned with the court to the receiver entities.
3.Receive the complaints from the concerned parties and then examine and reply to them.
4.Register the certificates issued by the court (judgment text certificate, court decision certificate) in the record prepared for this purpose and keep a copy thereof which shall be handed over to the concerned parties.
•Custody Trust Branch, concerned with the following:
1.Prepare the applications for releasing inventory materials (printed materials, stationary) required by the Department and coordination with the concerned authorities in the Ministry in this respect.
2.Receive the custody, supervise the same and distribute it to the personnel as per the need, and keep the relevant records and cards.
3.Conduct inventory of the Department custodies and prepare a report in this respect.