Global Compliance

Requirements for Disclosure in Civil Proceedings- Kuwait

Kuwait follows Civil Legal System, Sharia laws only governs Family Law for Muslim residence, and Non-Muslims have secular family law. Judicial System of Kuwait is regulated by Law Number 23 of 1980 concerning Civil and Commercial Procedures and its amendments Laws (the Civil and Criminal Procedure Law), and Law Decree number 39 of 1980 of concerning Evidence Law in Civil and Commercial Matters (the Evidence Law). Kuwaiti Courts are structured of three stages concerning Civil Commercial Matters; Court of First Instance, Court of Appeal and Constitutional Court.

Law of Civil and Commercial Procedures and its Amendments Laws

Standard Disclosure of Documents:

Claimant shall submit all documents that he relies on in his claim attached to the memorandum when he files the claim to the Cases Managing office, with number copies for each opponent and one copy for the Court. Defendant shall submit memorandum of defense attached to the documents he relies on in his defense. According to Article 46 of Law of Civil and Commercial Procedures.

Failure of Documents Disclosure:

Court may issue a decision to impose a fine no less than 20 Kuwaiti Dinars and no more than 100 Kuwaiti Dinars, to party who did not disclose the documents or was not committed to judicial procedure within the time ordered by the Court, and such decision cannot be appealed, besides the court may cancel the fine imposed if the party provided an acceptable excuse. Furthermore, the Court may decide delay the case for 6 months in the previously mentioned case, and if the party did not do what has to be done within the time ordered by the court, it may end the claim and consider it as it has never been filed. As mentioned in Article 70 of the Civil and Commercial Procedures Law.

The minister of Justice has the authority to decide the procedures of disclosure the documents, and returning them to parties, and states the penalties if a party neglect the dates appointed or procedures, but fines shall not exceed 100 Kuwaiti Dinars. As mentioned in Article 53 of the Civil and Commercial Procedures law.

Court Disclosure of Documents Order:

Court has the right to allow the claimant and defendant during proceedings to disclose any new documents or memorandums or evidences at appointed date. Opponents must submit their memos to Courts Managing office or to the other opponent or his attorney. According to Article 68 of the Civil and Commercial Procedures Law.

Delay of Disclosure of Documents:

In provisions to Article 69 of the Civil and Commercial Procedures law if a party disclosed documents that he could disclosed earlier in the appointed date and he delayed the disclosure of the documents, which caused a delay in resolving the case, he will be imposed by a penalty of no less than 20 Kuwaiti Dinars not more than 100 Kuwaiti Dinars.

In Accordance of Article 121 of the Civil and Commercial Procedures law, even if a party wins the case, Court may oblige the winning party with all or part of expenses, if the other opponent admitted the right of winning party, or if the wining party caused expenses, by hiding or preventing the disclosure of documents that effects the case on purpose.   

Language of Disclosed Documents:

In provisions of Article 74 of the Civil and Commercial Procedures law, in cases that foreign laws are applied to the case, Court may require the opponents to provide notarized legal translation of laws that they rely on by Ministry of Justice. Moreover, all documents that are disclosed to the Court shall be submitted in Arabic language, if not opponents shall appoint a legal translator to translate them, or Court appoints who should translate the documents.

The Evidence Law:

In provision of the Civil and Commercial Procedures law in Article 22, a party may submit an application requesting his opponent to disclose documents that are in his possession and has an impact of resolving the case as follows:

• If the Law and regulations allow the opponent to submit such documents.
• If requested documents are shared between the parties; documents are considered shared if they support parties’ interests or prove their rights and obligations.
• If a party relied on such documents in any time of proceedings.

Application of disclosure of documents Content:

As mentioned in the Civil and Commercial Procedures law in Article 22 disclosure of documents application should contain the following:

• Document description.
• Contents of the documents.
• Reason the requesting party thinks it is in possession of opponent or under his control.
• Proofs that such documents exist
• Reason obliging the opponent to disclose them.

Failure to disclose documents or rejecting to swear oath:

Based on the Civil and Commercial Procedures law in Article 23, if the requesting party of documents proved his application content, Court may issue an order of disclosure of documents at determined date. Although if party did not prove and convince the Court to issue such order, the opponent who was requested to disclose the documents must swear oath that the documents do not exist, he doesn’t know where they exist, their location, and he did not hide them, or neglect in search for them.

In provision of Article 23 of the Civil and Commercial Procedures law, the requested opponent did not disclose the document or did not swear the above-mentioned oath, Court may take the copy of the documents that the requesting party has into consideration or if he does not have one the court will take his oral description of the content of documents into consideration.

Court Disclosure of Documents Order to a Person Who is not a Party:

As mentioned in Article 24 of the Civil and Commercial Procedures law, Court may order a request to let third parties to get involved in the case to disclose documents at any time in the proceedings even in the second degree of litigation, as well as issuing such orders by itself to administrative authorities to provide information and disclose documents related to the case unless that causes breach in public interest.

According to Article 25 of the Civil and Commercial Procedures law, a party is not allowed to return disclosed documents without his opponent approval, unless the judge or Chief Judge issue a written permit to return it and take an original copy of them and achieve them in the court managing office.

Glossary

• Disclosure of Documents: Providing and showing documents to the Court.
• Law of Civil and Commercial Procedures: Law number 23 of 1980 concerning Civil Procedures and Commercial and its amendments.
• Evidence Law: Law Decree number 39 of 1980 issuing Evidence Law in Civil and Commercial matters.