Judicial principles and studies
Civil Procedure Law: Rules on Evidence, Omissions and Appeals
Brief summary of rules on handling omissions in judgments, the burden of proof for wage payment, the court's role regarding the decisive oath, and limits on appeals to the Court of Cassation.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses specific rules concerning reliance on omissions in judgments, allocation of the burden of proof for wage payment, the court's discretion to inform a party of the right to the decisive oath, and limits on raising or rearguing grounds before the Court of Cassation.
Summary
- An omission in adjudicating parties' requests is not to be advanced as a ground in an appellate or cassation appeal; the procedural remedy set out in Article 168(3) of the Civil Procedure Law—submitting a request to the court that issued the judgment—should be followed for consideration under the prescribed procedures. - When it is established that a worker performed the work, the burden of proving payment or a justification for withholding wages rests with the employer. - The court has discretionary authority to notify a party of the right to present the decisive oath; failing to provide such notice is not unlawful where the evidentiary record suffices to resolve the dispute. - New grounds may not be introduced before the Court of Cassation if they were not raised before the Court of Appeal, and issues already decided by the Court of Cassation may not be relitigated. Note: This is a general educational summary, not a judicial text or legal advice.
Practical significance
These rules mean that a party identifying an omission in a judgment should use the remedy under Article 168(3) with the court that issued the decision; employers bear the evidentiary responsibility to prove wage payment once the work is shown to have been performed. The tribunal may lawfully omit advising a party of the decisive oath if the evidence is sufficient, and appellate practice is restricted so that new or previously decided grounds cannot be raised before the Court of Cassation.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.