Statement of Claim in Saudi Law: Required Details, Filing via Najiz, and Reasons for Return

Before filing: check the time limit

Make sure your claim can still be heard with the limitation period calculator, and after judgment find the challenge deadline with the judgment challenge deadline calculator.

What Is the Statement of Claim?

The statement of claim is the document in which the claimant presents his dispute to the court: who he is, who his opponent is, what the facts are, what he is requesting, and on what basis. Article 41 of the Law of Procedure before Sharia Courts, issued by Royal Decree No. (M/1) dated 22/1/1435H, provides that a case is filed by the claimant through a statement signed by him or by his representative, deposited with the court in an original and copies equal in number to the defendants.

Today, filing is mostly done electronically via the Najiz platform, but the data required by law has remained the same. Preceding that is a general requirement set out in Article 3 of the law, namely that no claim or defense is accepted unless its holder has a legitimate, existing interest in it.

The required particulars in the statement of claim

Article 41 sets out the particulars that the statement of claim must include, namely:

• The claimant's full name, ID number, profession or occupation, place of residence and place of work, and the information of whoever represents him, if any.
• The defendant's full name, and any available information on his profession or job, place of residence, and place of work; if he has no known place of residence, then his last known place of residence.
• The date the statement is filed.
• The court before which the claim is filed.
• A chosen place of residence for the plaintiff in the town where the court is seated, if they have no place of residence there.
• The subject matter of the claim, what the claimant seeks, and the grounds for it.

The final section is the heart of the statement of claim. The subject matter is presented as an organized set of facts, the claims are written specifically, and the grounds are linked to the documents and to the provisions of the law or contract. Any ambiguity in the claims may delay registration of the case, or lead the court to seek clarification at the first hearing instead of proceeding directly to the merits.

How do you file a statement of claim via Najiz?

The Ministry of Justice provides the "Statement of Claim" service through the Najiz platform and its app, to file a lawsuit before the General, Criminal, Commercial, and Labor Courts and the Personal Status Courts. Per the service page, its requirements include: a valid identity, a valid power of attorney including the litigation clause if submitted by an agent, a guardianship deed if submitted by a guardian, and the national address and identity particulars of the plaintiff and defendant. Its steps:

• Logging in to Najiz through National Single Sign-On.
• Selecting Electronic Services, then the Judiciary package, then the statement-of-claim service and New Request.
• Selecting the case classification, then entering the case and parties' details.
• Attaching the documents, then reviewing the request and submitting it.

The Ministry explains, in the "Case Journey," that the request undergoes review, after which the claimant is notified by text message either with the case number or with a request to complete missing items. If the filing is made by a lawyer, verify the terms of the Electronic Power of Attorney via Najiz before submission.

Common reasons for returning the statement of claim or rejecting it

The Ministry does not publish an exhaustive list of reasons for return, but legal and practical requirements reveal the most common ones:

• Missing or incorrect details of the defendant, such as the business's registered name, ID number, or national address.
• Unspecified requests, such as claiming "entitlements" without stating the amount or the subject of the claim.
• Choosing a classification or court that does not match the nature of the dispute.
• A power of attorney that does not include the pleading clause, or one that has expired.
• Combining unrelated claims into a single statement of claim.
• The absence of a legitimate, existing interest as required by Article 3.
• Skipping a prior stage required by the type of lawsuit, such as notice in commercial cases or amicable settlement in labor disputes.

This differs from a claim not being heard because its limitation period has expired, which is a substantive matter for the court to decide and cannot be remedied by amending the drafting. When resubmitting a request, read the attached note carefully, address the specific reason given in it, and do not simply resend it as is.

The Statement of Claim in the General, Commercial, and Labor Courts

The basic information is the same, but each court has requirements that precede or accompany the statement of claim:

• The General Court: hears what does not fall within the jurisdiction of another court, and the provisions of the Law of Procedure before Shariah Courts apply to it directly.
• Commercial Court: Governed by the Commercial Courts Law; Article 19 requires, in the cases specified by the implementing regulations, that the defendant be notified in writing to perform the obligation at least fifteen days before the lawsuit is filed, and Article 24 bars hearing the lawsuit after five years from the arising of the right, except in certain cases. Read Limitation Period for Commercial Claims.
• Labor Court: It is preceded by an amicable settlement request with the Ministry of Human Resources, and the twelve-month limitation period for hearing the case from the end of the employment relationship under Article 222 of the Labor Law must be observed. Read Amicable Settlement of Labor Disputes.

Administrative actions against government entities, however, are filed before the Administrative Courts under the Board of Grievances through the Moeen platform, and they have their own law of litigation.

A suggested structure for drafting the statement of claim

• Preliminary particulars: the court, and the parties to the case and their particulars as set out in Article 41.
• Facts: A brief chronological sequence, each fact in its own paragraph with its date and the document proving it.
• Grounds: The contract's terms, the statutory provisions, and correspondence or acknowledgments.
• Claims: Numbered and specific, with the amount of each claim and its method of calculation.
• Attachments: A numbered list matching what is stated in the facts.

Avoid excessive length and emotional language; a clear statement of claim saves time for both the court and the parties. In financial claims specifically, the documents are reviewed before drafting to assess the amount and the most suitable route for the claim, and the Financial Claims & Enforcement service can be consulted.

Before Filing: A Checklist for the Statement of Claim

After the statement of claim is submitted, some errors are hard to correct except by requesting an amendment or resubmitting, so a final few minutes of review are worthwhile. Check the following before pressing the submit button:

• Does the defendant's name match their ID or commercial registration, and is their national address correct?
• Is each claim specified by its amount or subject matter, and does the total of the amounts in the claims match what is stated in the facts?
• Does every material fact have a supporting document attached, and are the file names clear and ordered by when they occurred?
• Are documents written in a language other than Arabic accompanied by their translation?
• Have you completed the prior stage required for this type of claim, such as notice or amicable settlement, with supporting proof attached?
• Is the case still within its limitation period for being heard under the applicable law?
• Is the power of attorney valid and does it include the litigation clause if the filing is made by an agent?

Remember that the statement of claim is not the last memorandum in the case; additional detail and responses come in later hearings and memoranda. But the requests set out in the statement of claim are the framework within which the court considers the case, so make sure it is complete from the start.

Frequently asked questions

What particulars are mandatory in a statement of claim?

These are set out in Article 41 of the Law of Procedure before Shariah Courts: the particulars of the plaintiff and their representative, the particulars of the defendant, the date the statement is filed, the court before which the lawsuit is brought, a chosen place of residence for the plaintiff where needed, and then the subject matter of the claim, the plaintiff’s requests, and their grounds. The Najiz platform automatically completes some of these particulars.

Can a statement of claim be filed via Najiz without a lawyer?

Yes, the statement-of-claim service on Najiz allows the claimant to file it personally after logging in through National Single Sign-On. If filed by an agent, a valid power of attorney including the pleading clause is required, along with the parties' information and national addresses. Engaging a lawyer remains an option depending on the nature and complexity of the dispute.

What Happens After the Statement of Claim Is Filed?

According to the case journey published by the Ministry of Justice, the request undergoes review, after which the plaintiff receives an SMS notification with the case number once it is registered, or a request to complete any missing items, if any. After registration, the case is referred to the competent panel and hearings are held.

Why was the statement of claim returned?

Among the recurring practical reasons: missing particulars of the defendant, unspecified requests, a classification that does not match the dispute, a power of attorney lacking the litigation clause, or skipping a prior stage such as commercial notice or amicable labor settlement. The return note is reviewed to address it specifically.