Judicial principles and studies
Application of Article 202 of the Civil Procedure Law: Appeals, Evidence Handling and Finality of Foreign Judgments
This study summarizes how an appellate court should apply Article 202 after a cassation decision and the requirements for a foreign judgment to be considered final before conferring enforceable status in Jordan.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This study addresses how Article 202 of the Civil Procedure Law operates when a cassation decision is issued, distinguishing between cassation on points of law and on facts for determining whether an appellate court should follow the cassation or insist on its prior decision. It also examines the requirement that foreign judgments be final under the Jordan–UAE legal cooperation agreement and the Jordanian law on enforcement of foreign judgments, and notes that a certificate of "no appeal" or mere initiation of enforcement does not automatically establish finality.
Summary
- Article 202 allows the appellate court, after hearing the cassation decision and the parties, either to accept the cassation or to maintain its earlier judgment, with the appropriate approach depending on whether the cassation raises legal or factual issues. - Where cassation concerns facts and the assessment of evidence, the appellate court must fully address the case's evidentiary record and give reasons—factual and legal—consistent with the requirements of Article 160. - For foreign judgments, the cooperation agreement and the enforcement law require that the judgment have acquired finality according to the laws of the state of origin before it can be invested with enforceable status in Jordan; a certificate stating no appeal or the mere filing for enforcement does not by itself prove that finality has been attained.
Practical significance
- Appellate courts should exercise their discretion carefully: accept cassation or insist on prior rulings depending on whether the matter is legal or factual, and conduct a thorough review of evidence when facts are in issue. - In enforcement proceedings for foreign judgments, courts must verify finality under the law of the issuing state rather than rely solely on certificates or the fact that enforcement has been sought. This content is an educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.