Petition for Reconsideration Memorandum in Kuwait
This article explains the grounds for filing a petition for reconsideration in Kuwait, its legal time limit, the essential information that must appear in the memorandum, and a practical sample pleading under Kuwaiti civil and commercial procedure rules.
This article discusses the petition for reconsideration memorandum in Kuwait, explaining the grounds for such a petition and providing a sample pleading.
Petition for Reconsideration Memorandum in Kuwait
Kuwaiti law allows litigants to challenge final judgments through a petition for reconsideration, whether the request concerns a cassation judgment, an appeal judgment, or a first-instance judgment.
The rules governing petitions for reconsideration are set out in Chapter Three of the Kuwaiti Civil and Commercial Procedures Law, specifically Articles 148 through 151.
Grounds for a petition for reconsideration in Kuwait
The main grounds for filing such a petition include:
Fraud affecting the judgment, where one party introduces fraud into the case and the judgment is issued on that basis, provided the fraud was materially influential.
Forged documents, where the judgment was based on those documents and the forgery is later admitted or confirmed by a judicial ruling.
False testimony, where the judgment was based on that testimony and it is later judicially established that the testimony was false.
Conclusive or productive documents that surface after the judgment, provided the opposing party had prevented their submission during the case.
A judgment granting something the parties did not request, or granting more than was requested.
A contradiction within the operative part of the judgment or between the reasoning and the final ruling.
A judgment issued against a natural or legal person who was not properly represented in the proceedings, except in cases of agreed representation.
Time limit for filing the petition in Kuwait
The time limit for filing a petition for reconsideration memorandum in Kuwait is thirty days, calculated as follows:
For material fraud: from the day the fraud is discovered.
For forged documents: from the day forgery is admitted or from the day a final judgment confirms the forgery.
For false testimony: from the day a final ruling establishes that the testimony was false.
For withheld productive or conclusive documents: from the day the document appears.
For a judgment granting more than requested, less than requested, or containing contradiction: from the day the judgment is notified to the parties.
For improper representation of the party against whom judgment was issued: from the day the judgment is notified to the proper representative.
Required contents of the memorandum
A petition for reconsideration memorandum in Kuwait must contain essential information; otherwise, it may be considered invalid under the Kuwaiti Civil and Commercial Procedures Law. For that reason, it is advisable to seek the assistance of a qualified lawyer.
The required information includes:
The name of the court to which the petition is addressed, which must be the same court that issued the judgment.
The name and address of the petitioner, or the name of the legal representative if one exists.
The name and address of the respondent.
The judgment being challenged, together with its number and date.
The facts supporting reconsideration, including a clear statement of the legal ground that justifies reopening the judgment.
All legal defenses and the relevant statutory provisions supporting the petition, together with supporting documents and evidence.
The final requests, especially the request to annul the challenged judgment and reopen the case.
The petitioner’s or legal representative’s name, signature, and the date of drafting.
Sample petition for reconsideration memorandum
Below is a simplified sample pleading for a petition for reconsideration in Kuwait:
Before the Court of Appeal in Kuwait
Petitioner: Mr. ………, address: ……………, represented by lawyer ……….
Respondent: Company ……….., address: ……………, represented by lawyer ………
Challenged judgment: Judgment no. …… dated …/…… issued in case no. …… dated …/……..
Facts:
A judgment was issued against my client after the company he worked for brought a claim accusing him of breach of trust during the performance of his duties. The court sentenced him to imprisonment, a fine, and compensation in favor of the company.
My client was unable at that time to prove his innocence because he could not present productive and influential documents that had been withheld by another person working in the same company.
My client repeatedly attempted to obtain those documents in order to prove his innocence, but he was unable to do so, which led to the judgment being issued against him.
After the death of the person withholding the documents, the heirs searched through his papers at home and found documents related to the company. They delivered them to the company, and upon review it became clear that they were the same documents my client had been requesting during the case.
Accordingly, and pursuant to Article 148 of the Kuwaiti Civil and Commercial Procedures Law, especially paragraph /h/, my client falls within a valid ground for reconsideration because productive and decisive documents in the case appeared only after the judgment, and the opposing party had previously prevented their submission.
Therefore, we respectfully request the court to:
Annul the challenged judgment and reopen the proceedings.
Compensate my client for the material and moral damage caused by the judgment issued against him.
Order the respondent to bear all judicial expenses, costs, and legal fees.
With full respect,
Kuwait, dated …/……
Attorney for the petitioner ……
Signature ……
FAQ
This concludes our article on the petition for reconsideration memorandum in Kuwait. We explained the principal grounds for reconsideration, the mandatory contents of the memorandum, and provided a practical sample that can be used as guidance.
You may also read about staying proceedings pending cassation and an action to annul an arbitration award in Kuwait.
