Law No. (16) of 2023 On Judicial Fees in Ras Al Khaimah Emirate We, SAUD BIN SAQR BIN MUHAMED Al QASSIMI Ruler of Ras Al Khaimah After perusal of Constitution; And Federal Law No (5) of 1985 on Promulgating Civil Transactions Law, as amended; And Federal Law No. (28) of 2005 on Personal Status, as amended; And Federal Law No. (29) of 2006 on Rights of People with Special Needs, as amended; And Federal Law No. (6) of 2018 on Arbitration, as amended; And Federal Decree-Law No. (33) of 2021 on Regulation of Labour Relations; And Federal Law No. (6) of 2022 on Delinquent Juveniles and Vulnerable to Delinquency; And Federal Decree-Law No. (38) of 2022 On Promulgation of Criminal Procedures Law; And Federal Decree-Law No. (42) of 2022 on Promulgating Civil Procedures Law; And Law No. (2) of 2012 on Establishment of Public Prosecution, as amended; And Law No. (5) of 2012 on Regulation of the Judiciary, as amended; And Law No. (9) of 2016 on Judicial Fees in Ras Al Khaimah Emirate, as amended; And Law No. (7) of 2021 on Regulation of Light Air Sports in Ras Al Khaimah Emirate; And Law No. (13) of 2023 on Licensing and Operating Maritime Means in Ras Al Khaimah Emirate. Have promulgated the following Law: Chapter One Law Application Scope Article (1) This law shall apply to all lawsuits, objections and applications before Courts Department and Public Prosecution Department in the Emirate, which are registered or submitted after effective date thereof. Chapter Two Rules for Estimating Value and Fees of Lawsuit Article (2) Fees Calculation 1. The fee shall be calculated in accordance with the schedule attached to this Law. 2. An independent fee shall be levied on incidental motions and motions filed by intervening litigant. 3. No additional fee shall be levied on motions filed by jointly intervening litigant, but the same shall be obligated to pay the lawsuit fee if it had not been paid. 4. No fee shall be levied on an intervention ordered by the court at its own discretion. Chapter Three Rules for Estimating Value and Fees of Lawsuit Article (3) Fee Payment A. Subject to the provisions concerning fees of criminal lawsuits stated in this law, no lawsuit or objection shall be registered, and no motion shall be accepted except after the due fee has been fully paid, unless a law or resolution of exemption or a resolution to postpone the fee in whole or in part had been issued. B. If a dispute arises upon registering the lawsuit, objection or motion in respect of value of the due fees, the matter shall be referred to the president of the competent court or whomever authorized thereby to decide on the same and the resolution rendered thereby in this regard shall be final. C. The court that considers the lawsuit may, whether on its own or upon request presented thereto by concerned parties, reconsider the value of fees that had been paid. D. If the competent court substantiates during the course of the lawsuit that the fees paid do not commensurate with the final requests, or that they were less than the due fees, or that they were paid in contrary to provisions of this law, it shall render an order assigning the plaintiff to pay the fee difference within the period determined thereby. Failing to do so, such court shall rule inadmissibility. If the pleading on the lawsuit is closed, the fee difference shall become a liability against the party who is obligated under the judgment to assume expenses of the lawsuit. Chapter Four Rules for Estimating the Value and Fees of the Lawsuit Article (4) Items Included in Fee Estimation The profits, interests, damages, proceeds, expenses and other value-estimated items due at the time of filing the lawsuit shall be included in estimation of the fee. Article (5) Lawsuit Value Estimation The value of the lawsuit shall be estimated in accordance with litigants’ requests upon filling it. However, the final estimation shall be pursuant to their final requests in the currency of the State and the fractions of one dirham whenever calculating the due fees shall be considered as one dirham and to be paid on this basis. Article (6) Incidental Requests Fee A separate fee shall be paid for incidental requests and guarantee sub-case filed in the lawsuit. Article (7) Impose Top of The Two Fees The top of the two fees shall be imposed if the plaintiff amends his non-value estimated requests, during the course of the lawsuit, to value-estimated ones. Article (8) Objection in Appeal Deposit In the event of objection in appeal in the lawsuits stipulated in Article 160 of Civil Procedures Law, the appellant shall deposit with the treasury of the court a deposit of two thousand dirhams. This amount shall be confiscated if it is sentenced that the appeal is not admissible and such deposit shall be refunded if the judgment is awarded in favour of the appellant. However, if the appellants stated in one pleading are multiple, it is sufficient to deposit the security deposit of one of them, even if the reasons of the objection differed. Article (9) Pre-emption Request Fee The fees for pre-emption lawsuits in the property shall be calculated considering the price to be taken into account. Article (10) Claim in Non-State Currency If the amount claimed is in a currency other than the currency of the State, the value of the lawsuit shall be estimated at the equivalent of such amount in the currency of the State at the date of filing the lawsuit. Article (11) Estimation of the Fee in Some Lawsuits The fee shall be estimated in the following lawsuits as follows: 1. Title of a property or a chattel, on the basis of value of each of them stated by the applicant at the time of filing the lawsuit. However, any additional fees shall be paid whenever it is substantiated that the value exceeds the estimated one. 2. Barter contracts, based on the higher trade-in value. 3. The validity, nullification or revocation of contracts, on the basis of the total value of the contract or the disputed value if determined by the plaintiff. However, if the lawsuit relates to the validity, nullification or revocation of ongoing contracts, the fee is estimated on the basis of total cash consideration for the entire contract period, and if the said contract is implemented in-part, the lawsuit on its termination shall be estimated considering the remaining period. 4. Rental disputes, on the basis of the annual rent of the leased property, subject to the following fee calculation mechanism: A. Revocation, evacuation or enabling occupation of the leased property application, according to the rent of the term stated in the contract or remaining thereof as the case may be. The value of the fee shall be estimated on the basis of revocation application whenever it is associated with the evacuation or enabling occupation of the leased property application or both of them. B. Contract renewal application, according to the rent determined in the previous lease term. C. The lawsuit shall be considered as non-value-estimated one in case hand-over or eviction application does not include revocation of the contract. 5. Proceed, profits and interests application on the basis of the claimed value until the date of filing the lawsuit. However, the due fee after the judgment shall be completed as of the date of filing the lawsuit until the judgment is rendered before being appended with execution form, also It shall be completed at the stage of executing the judgment until it is fully executed. 6. Mortgage of property, chattel or any right in rem upon them, it is estimated on the basis of the value of the property, the chattel under mortgage or the debt mortgaged for it, whichever is less. 7. Sort share in a joint property and sell the same when it cannot be divided, on the basis of share’s value, excluding inheritance lawsuits. 8. Dissolve the company and appoint liquidator thereon, on the basis of the value of the company’s capital at the time of filing the lawsuit. 9. Determine the annual revenue to be judged for on the basis of multiplying it by (20) twenty if it is perpetual or by (10) ten if it is life-long and if it is temporary, then on the basis of annual revenue multiplied by number of years thereof so that it shall not exceed ten. 10. Get back seized items, on the basis of value of these items. Article (12) Fixed Fee 1. Except the lawsuits involving juvenile accused persons, a fixed fee shall be imposed on penal lawsuits submitted to courts in accordance with the schedule attached to this law. 2. The base of sorting lawsuits, whether felony, misdemeanour or violation, is the description concluded by the court that considered the lawsuit Article (13) Fee Due Time 1. The fees set forth in Article (12) of this Law shall be due upon conviction of the accused or termination of the criminal lawsuit by waiver, conciliation or payment and the court shall order the accused to assume the due fee. As for objections requests and rehabilitation lawsuits, they shall not be registered except after the fee is paid in full. 2. Attorney General or any member of Public Prosecution authorized thereby may, for considerations he deems appropriate, postpone payment of objection fee in criminal laswuits at the request of concerned parties. Article (14) Non-Multiplicity of Fees Fee shall not be multiplied by accusations multiplicity. Article (15) Fees in Case of Waiver Fees prescribed for challenge or objection for appeal or cassation shall be due even if the accused waived the same. Chapter Five Criminal Lawsuits Fees Article (16) Collection of Fees, Expenses and Fines The fees, expenses and fines sentenced against the accused shall be collected from sums deposited in the treasury as a security deposit for temporary release or as bails or from any other sums deposited in the treasury belonging to the judgment debtor, and the remainder shall be collected by Public Prosecution or the court, as the case may be. Chapter Six Civil Lawsuits Fees in Criminal Cases Article (17) The provisions of this law shall apply to civil lawsuits filed before Criminal Courts, considering the following: 1. The civil plaintiff is obliged to pay the due fee in accordance with the rules set out in respect of civil lawsuits stated in this law. 2. No new fees shall be collected if the civil claim is referred to the competent civil court, or judged for dismissal of the civil lawsuit before criminal courts. 3. If the accused’s objection for challenge, appeal or cassation is limited to the judgment rendered in the civil lawsuit, fees shall be collected from him according to civil fees provisions stated in this law. Chapter Seven Requests Multiplicity Article (18) Requests Multiplicity Fee 1. If the lawsuit includes value-estimated requests arising from single legal ground, estimation shall be based on the total value thereof. However, if they are arising from different legal grounds, estimation shall be based on value of each of them separately. 2. If, in one lawsuit, value-estimated requests combined with non-value estimated ones, fee shall be collected for each of them separately. 3. If the lawsuit contained requests that all of which are non-value estimated and they arise from different legal reasons, fee shall be taken for each of them separately and shall be collected based upon total of requests. 4. If the lawsuit contained an original request and precautionary or ancillary petition, the top of the two fees shall be due. However, additional requests shall be annexed to the original request and the fee shall be calculated on total thereof. Article (19) The Highest Fee in The Transaction If the transaction contained several requests that a specific fee is due for each of them, the highest among them shall be counted and collected by itself. Chapter Eight Fees Collection Rules Article (20) Fees Collection 1. Fees shall become a commitment on the party who was obligated to pay the lawsuit expenses by the judgment and they shall be settled on this basis and the appeal does not prevent collecting these fees. 2. A writ of execution of the judgment shall be delivered to the judgment creditor without being contingent on collection of the remaining fees that others are obligated to pay. 3. Lawsuit Management Office shall prepare a list of the due fees to be considered by the Execution Judge upon the commencement of judgment execution. This list, upon being signed by the President of Court or the judge, as the case may be, shall be considered as fees estimation warrant and shall be served along with the service of the judgment writ of execution. 4. If the litigant did not apply to get the writ of execution within ten days from the date of rendering the judgment, the Lawsuit Management Office shall estimate the due fees under an order rendered by the President of Court or the judge, as the case may be, and the party obligated to pay the fees shall be process-served to pay the same to Courts Department. Article (21) Refund Guarantee Fees final judgment creditor may refund the guarantee which he deposited in the court in order to pay the fees. Article (22) Fee Difference If it is substantiated from the enforceable judgment that the same had judged for an amount greater than fees paid for the lawsuit, the writ of execution shall be delivered to the judgment creditor, and the fees, including the fee difference, shall become an obligation against the party who was obligated under the judgment to pay fees and expenses. Article (23) Fees Objection Each concerned party may object amount of fees, and such objection shall be before the process service staff when fees estimation warrant is served or by reporting the same in Lawsuit Management Office within eight days subsequent to the date of service. Lawsuit Management Office shall specify, in the same report, the day on which the objection shall be considered. Article (24) Decide on Objection Objection and appeal against judicial fees estimation warrant 1. Objection shall be submitted to the court that President thereof had rendered the estimation warrant or to the judge, as the case may be, and the judgment shall be rendered thereon after hearing the sayings of the objector if he appeared. 2. The judgment rendered on objection made against judicial fees estimation warrant shall be final if the value of the fees sentenced in objection does not exceed two thousand dirhams. 3. The judgment rendered on objection may be appealed within fifteen days from the date of being process served if the value of the fees exceeds two thousand dirhams. Therefore, the judgment rendered by Court of Appeal shall be final. Article (25) Fees Refund Cases 1. Fees shall be refunded in full in the following cases: A. If it is judged for accepting the request of the applicant to interpret or correct the judgment or omit a request. B. If judge or public prosecution member recusal request was accepted or it is judged in favour of the party who filed the litigation lawsuit. C. If expert recusal request is accepted. D. If it is judged for cancelling the bidding due to reason that does not belong to the party who paid the fee. E. If execution had been suspended upon the request of the concerned parties and before initiating procedures thereof. 2. Half of the fees shall be refunded in the following two cases: A. If the dispute ends by conciliation and before setting the lawsuit for adjudication in plea or preliminary or final judgment. B. If the Plaintiff or Objector abandons his lawsuit before closing pleading or set the lawsuit or objection for adjudication. 3. Fee refund request shall not be considered after (60) sixty days from the date of last procedure unless it had judged for refunding such fee. 4. The judged judicial fees shall be refunded to the judgment creditor if the judgment debtor is exempted from judicial fees by law. Article (26) Refund Penal Fees Penal fees shall be refunded in the following cases: 1. Judge for dismissal of penal lawsuit or inadmissibility to consider it or terminating it by time lapsing or death of the accused. 2. Acquittal judgment issued in favour of the Objector for all accusations attributed thereto. As for judge for correcting the penalty in favour of the Objector, objection fee shall be refunded. Chapter Nine Postponement & Exemption from Fees Article (27) Postponement by Court President Decision 1. President of competent court or whoever he delegates from judges, and for considerations which he deems appropriate, shall be entitled to postpone payment of fee or part thereof upon the request of concerned parties according to controls and terms placed by President of Judicial Council. 2. The concerned parties shall present the application to Court President indicating therein the reasons that justify it and attach thereto supporting documents and evidences. The Court President shall be entitled to conduct necessary investigations himself or through whomever he authorizes and hear the applicant if he finds necessity to do this. 3. The application shall be decided on, whether by acceptance or rejection within five working days from the date of submitting it. Article (28) Exemption Chairman of Judicial Council or his delegate may, according to controls placed thereby, exempt from fees or part thereof if obligor to pay the same is found to be insolvent. Article (29) Exemption by Force of Law The following shall be exempted from civil judicial fees by force of law: 1- Federal and local government authorities, public benefit associations and establishment and any person to whom an exemption from fees had been issued by law, in all stages of lawsuit and execution. 2- Request to prove charitable and family endowment and request to bring-up and sponsor those of unknown parentage and prove charitable grants and works. 3- Labor lawsuits in all stages of litigation and execution, applications filed by labors or domestic workers or their heirs within the limits of legislations regulating labor relationships and domestic workers. 4- Lawsuits filed by people of determination in implementation of provisions of Federal Law promogulated in respect of people of determination rights, in all stages of lawsuit and execution. 5- Orders, lawsuits, objections, requests and procedures in respect of alimony and whatever related thereto and request of compensation, deferred dowry, maid’s wage, custody and visitation request, handing over child in custody, renewal and delivery of identification papers, requests of divorce, annulment or housing whenever they are submitted by alimony applicant or custodian, in all stages of lawsuit and execution. 6- Lawsuits, requests and orders filed by martyrs’ families in respect of the estate. 7- Lawsuits, requests and orders filed by person of unknown father till reaching legal age. 8- Lawsuits, requests and orders filed by endower or endowment administrator in respect of endowment. 9- Requests and orders filed by lawyer appointed by the court in cases in which he is appointed. 10- Prove death or heritage request. 11- Requests and transactions related to the following matters: A- Declarations for purpose of requesting social or humanitarian assistance, maintenance, care or non-employment. B- Pensions eligibility declarations. C- Conversion to Islam transactions. D- Parentage confirmation for person of unknown father. Exemption shall include fees of copies and certificates. 12- Request to execute judgments and other writs of execution and reschedule personal status lawsuits. 13- Any requests or lawsuits which other legislations stipulate exemption thereof from judicial fees. Article (30) Exemption by Court Decision 1- The Competent Judge or Court President may exempt certificate applicant in personal status lawsuits from certificate fee if he is sure of his incapability to pay such fee. 2- Court President may exempt plaintiff from lawsuit rescheduling fee if applicant provides, on the next day, an excuse to be accepted by Court President. Article (31) Expiration of Postponement or Exemption Decision Fees, which exemption or postponement decision had expired, shall be collected from first payments collected from execution. Article (32) Guarantee Exemption The person who is exempted from judicial fees shall be exempted from the guarantee as well, except objection request for the decision or judgment rendered by Cassation Court. Chapter Ten Cases on Which No Fee Shall Be Imposed Article (33) No deposit fee shall be imposed on the following: 1- Whatever deposited by Creditors’ agents on account of restructuring or bankruptcy. 2- Whatever deposited by bidders from property price. 3- Whatever collected by judgments execution officer for those who deserve them. 4- Whatever deposited by government authorities or public bodies or public establishments affiliated thereto for concerned parties. Chapter Eleven Final Provisions Article (34) Exemption from Fees and Determination of Priority Right on Penal Fees In respect of matters related to exemption from fees and determination of priority right on fees in criminal part, provisions regulating these matters stated in this law shall apply. Article (35) Fees Devolvement All fees scheduled according to provisions of this law shall devolve upon Courts Department and Public Prosecution Department, each within the scope of its competence and they shall have priority right in collecting the fees. Article (36) Fees of Service and Execution by Private Companies and Establishments Expenses of services, notifications and execution procedures, in case they had been conducted by private companies or establishments, shall be collected from service or execution applicant, as the case may be. Chairman of Judicial Council shall determine, upon suggestion from Courts Department President, terms of service and execution by this way and expenditure that should be paid in this regard. Article (37) Electronic Payment Fees scheduled according to provisions of this law shall be collected by means of electronic payment in accordance with rules issued by Director of Finance Department in the emirate. It is permissible, by resolution from Executive Council, to impose collection commission on cash payment. Article (38) Cancellation and Transitional Provision 1- Law no. (9) of 2016 and amendments thereof referred herein and each provision in other law contradicts with provisions of this law shall be cancelled. 2- Regulations and resolutions that are in force at the time of promulgating this law shall continue in force to the extent that they do not contradict with provisions thereof till promulgating regulations and resolutions issued in implementation thereof. Article (39) Publishing and Enforcement of The Law This Law shall come into force from date of its promulgation and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued by us on this day second of Jumadi Al-Oula 1445H. Corresponding to sixteenth of November 2023G.