RAK Courts Department is considered a judicial monument in UAE, which came a long way in achieving justice and legal protection for the various segments of the emirate's society from investors, workers and individuals, and achieved the highest levels of satisfaction among its dealers; thus contributing to achieving the vision of Ras Al Khaimah Government in seeking to provide a legislative structure and a judicial and modern governance systems, through keeping up with environmental, technical and scientific changes, and raising the level of efficiency of the civil cases management system, particularly in terms of reducing the average durations of cases, and enhancing the independence and stability of the judiciary and the empowerment of judges and enhancing their performance, as well as raising the quality of experts' reports prepared at the request of judges, and the activation of family cases solving process through guidance, awareness, and friendly settlement, and the promotion of judicial knowledge management among the various segments of society.
This has contributed to the RAK Courts Department's numerous outstanding achievements in terms of either the courts' judicial judgments based on the latest scientific grounds, or in terms of the legal rules that have been laid, or the provision of electronic judicial services, or the completion of the institutional structure of the Supreme Courts in Ras Al Khaimah.
The transition to electronic and smart services
RAK Courts provide their dealers with nearly 105 types of services ranging from judicial services related to case registration or their announcement or execution or referral to higher courts, as well as documentary services for testimony and notary services, in addition to the community services related to family guidance and conciliation; the process of providing these services has been developed from using the manual system to a fully automated system.
As of the year 2012, and under the guidance of H.H. Sheikh Mohammed bin Saud Al Qasimi, Crown Prince and Chairman of the Judicial Council in Ras Al Khaimah, there was a transition to an electronic service system which provided 10 types of services in its first stage, and which is expected to guarantee the ultimate levels of satisfaction among dealers of various categories, whether they are parties to lawsuits or the lawyers and their delegates, as this system save them time, effort and cost, which in turn would be reflected positively on the level of satisfaction of partners and the various categories of those involved, in the forefront of which is Ras Al Khaimah government, which seeks to improve the quality of government services as an important strategic direction, which the courts department translated to a strategic goal to enhance the e-transition and excellence level in the delivery of services to dealers, and support the corporate governance.
The most prominent of the services RAK Courts Department launched in cooperation with the EGA include: E-registration of civil lawsuits which enables advocates or their representatives and legal units in banks and debt collection companies to register civil lawsuits electronically from their headquarters without the need to go to the printers offices, in order to insure that every claim statement is signed by a licensed advocate and is registered in RAK Courts Department. The goal of this service is to reach an electronically registered lawsuits rate of 35% in the year 2013 of the total number of registered lawsuits.
There is also an approach to offer an auctions service through smart phones as well as family counseling service, in addition to providing access to the rulings of RAK Court of Cassation electronically.
Launch of a blog and 5 web pages for social networking
During the year 2012, RAK Courts Department also launched five web pages for social networking through Facebook and Twitter - two of them titled "RAK Courts Department" and two on behalf of the Excellence Office, titled"Excellence in RAK Courts", in addition to one page on Twitter for the "Notary Public Department". The department also launched the first blog among local government departments and bodies in Ras Al Khaimah on the following link
rak-courts.blogspot.com
The launch of the blog and web pages for social networking comes in the framework of strengthening the department's relation with the various categories of those involved (dealers - partners - representatives of the community), and the blog and web pages are considered new communication channels with involved parties, with the aim to spread the vision, mission and values of the department and its strategic objectives, and highlight the latest events and practices carried out by the courts department, such as: Establishing strategic and community partnerships, presenting results of the strategic planning team meetings, and presenting statistically analyzed information about the civil cases management system such as the average of disposition in labour and commercial cases in various courts, as well as statistical information about personal status cases and the achievements of the Department of Family Counseling and Guidance in the friendly settlement of family disputes to prevent their escalation to lawsuits.
It could be argued that these new electronic channels have promoted the application of the corporate governance concept in the department, and at the same time they provided a model for connecting the first and second level leaders in the department to the various segments of society. Lastly, these new channels launched by the department contributed to measure the level of satisfaction of those involved on the upgraded strategic framework of the department and other measurements associated with the quality and organizational excellence.
The RAK Courts Department aims through its judicial bodies to achieve justice and protect the rights and freedoms of community members, through the application of Sharia laws in force in the emirate.
First Instance Court
It is the first level of litigation where to litigants resort to claim their rights or obtain any court service nevertheless the kind of right claimed or service applied as long as being within the scope of laws and regulations and no matter these rights are valuated or not. To obtain these rights and services by customers, Court has been divided into partial and plenary circuits pursuant to the lawsuit value in civil lawsuits and severity of crime in criminal lawsuits.
Appeal Court
It is the second level of litigation where to litigants resort if First-Instance judgment rendered in any of civil, criminal or personal status articles is inadmissible. Litigants therein have the right to appeal on the First-Instance judgment before Appeal Court, in cases other than those excluded by Law, to amend or cancel the same.
Cassation Court
It is unusual phase of litigation in which judgments issued in respect of criminal, civil, commercial, labor and personal status articles and had depleted regular methods of appeal, shall be subject to objection in cassation, in order to check the same to verify the compliance thereof with the law, whether in terms of substantive rules applied thereby or in terms of procedures to which the court adduced in issuing these judgments.
Appeal Court
It is the second level of litigation where to litigants resort if First-Instance judgment rendered in any of civil, criminal or personal status articles is inadmissible. Litigants therein have the right to appeal on the First-Instance judgment before Appeal Court, in cases other than those excluded by Law, to amend or cancel the same.
Family Court
Family Court was established in premises separate from Courts Department wherein social and humanitarian aspects of family disputes were observed. This Court has jurisdiction over all lawsuits related to family such as adjudication of Personal Status lawsuits. The Court also provides family reform and guidance services; and prepares family agreements entered into by and between spouses related to divorce, alimony, custody, visitation, etc. and therefore refer the same to the competent judge for authentication. Family Court also has jurisdiction over settlements related to installment and/or waiver of all amounts or part thereof or organization of visitation mechanism and any other actions included in the executive document and admission of the same by the competent judge.
Labor Court
Labor Court locates in TAWAFOQ Center which follows Ministry of Human Resources and Emiratization (MOHRE). Only Labor Court has jurisdiction over all lawsuits emerging from the application of provisions of laws and regulations on labor relationships (Federal Law No. 8 of 1980, as amended). Labor Court has jurisdiction over all lawsuits filed by laborers against their legal and natural sponsors concerning their rights resulting from labor correlation under their individual labor contracts sponsored by the competent Authority in addition to lawsuits filed by sponsors against their laborers. This Court shall be constituted from Partial, Plenary and Appeal Circuits. Partial Circuits shall be constituted from one judge to hear labor lawsuits with an amount non-exceeding AED 10,000,000/- (Ten million Dhs.) and counterclaims irrespective of their value. Plenary Circuits shall be constituted from three judges and presided by any of them to hear labor lawsuits with an amount exceeding AED 10,000,000/- (Ten million Dhs.) and counterclaims. On the other hand, Appeal Circuits shall hear all plenary and partial lawsuits under appeal.
Financial Court
Financial Court has jurisdiction over financial, commercial and civil lawsuits with a claim not less than AED 1,000,000/- (One million Dhs) involving simple procedures appropriate to the philosophy of investment legislations, should parties agree on the jurisdiction of the same over their lawsuit. It was provided in Law that no appeal shall be admitted against judgments rendered thereby for being covered with expedited enforceability. Reconsideration appeal may be submitted thereon pursuant to the cases provided in Civil Procedures Law. Statement of claim shall be registered in the digital registration system of the Court provided that the same includes the data stipulated in Civil Procedures Law and a notice be served to the Defendant thereof. Thereafter, any of Court judges shall call litigation parties to conduct judicial mediation there-between. If conciliation, admitted by the Court, was reached there-between, the same shall have the power of writ of execution.
One-Day Court
One-Day Court has been established in Ras AL Khaimah Courts Department at the beginning of 2017 under a resolution, to set its jurisdiction and operation mechanism, from His Highness Sheikh Mohamed Bin Saud Bin Saqr Al Qasimi, Crown Prince of Ras Al khaimah and Chairman of Judicial Council. One-Day Court has jurisdiction over civil and commercial lawsuits with a claim value no more than AED 20,000/- (only twenty thousand Dhs). After gaining the trust of litigants who are increasingly appeared there before, the same has been gradually expanded to be granted the powers to hear civil and commercial lawsuits with a claim value no more than AED 500,000/- (only five hundred thousand Dhs). Lawsuit shall be registered directly before the One-Day Court and litigants are called to appear there before. Proceedings shall be conducted electronically; judgment is rendered by judge at the same day of registration after hearing parties thereof and considering of their defense aspects; and executive formula shall be drawn up unless otherwise is considered in response to litigants’ defenses. Execution Judge in the One-Day Court shall have jurisdiction over execution of judgments rendered by such Court.
One-Session Court
One-Session Court has been established in RAK Courts Department in 2017 by resolution from Sheikh Mohamed Bin Saud Bin Saqr Al-Qasimi, Crown Prince of Ras Al-Khaimah & President of Judicial Council. This resolution determined its jurisdiction and mechanism of action as it has competence to consider civil and commercial cases which claims value shall not exceed half million dirhams. The cases shall be registered immediately, prepared and referred to the court by Case Management Office and the Court shall issue its judgment therein in the first session dated to consider the case. The litigants are entitled, in cases other than those excepted by law, to appeal its judgments before competent Court of Appeal.
Small Claims Courts
H.H. Sheikh Mohamed Bin Saud Bin Saqr Al Qasimi, Crown Prince of Ras Al Khaimah and Chairman of Judiciary Council, has promulgated Resolution No. (56) of 2019 on establishing Small Claims Courts in Ras Al Kaimah First Instance Court. The Small Claims Courts shall have jurisdiction over Civil and Commercial lawsuits with a claim non-exceeding five thousand Dirhams. Judgments rendered thereby shall be enforceable. As an unprecedented qualitative development of judiciary system in the Emirate, with facilitated exceptional procedures performed by the latest technology means, targeting an important category of litigants, these courts are deemed a new channel introduced under the abovementioned resolution to litigants of small claims to hear their claims daily and render enforceable final judgments within a maximum term of thirty days.
Commercial Court
His highness Sheikh Mohamed Bin Saud Bin Saqr Al-Qasami, Crown Prince of Ras Al-Khaimah, President of Judicial Council, ordered to establish RAK Commercial Court which shall have competence to adjudicate commercial cases, and shall be formed from competent judges to consider this type of cases, and in implementation thereof, Law no. 1 of 2019 has been promulgated on 30/06/2019 which stipulated that the court shall consist of partial, plenary and appeal circuits and one circuit of Court of Cassation has been dedicated therefor, execute judgments issued thereby independently from civil litigation. The Law stipulated also the establishment of Commercial Case Management Offices and vested the same to prepare the cases prior to referring them to judges for adjudication.