Judicial principles and studies
Limitation of Attachment: Expert-Appraisal Rules, Appeal Permission and Second-Appeal Period
A brief summary explaining that a limitation-of-attachment request is ancillary to a provisional attachment, that urgent‑matters judges conduct valuation expertises, and outlining rules on fees, reuse of prior expert reports, and the timeframe for a second appeal.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This summary addresses a request to limit attachment as ancillary to a provisional attachment, the rules governing expert appraisal by an urgent‑matters judge in such requests, and the rule on the persistence of permission to appeal and the timeframe for filing a second appeal.
Summary
- A request to limit attachment is ancillary to a provisional attachment and falls under Article (6) of the court fees schedule; a fixed legal fee of 50 dinars applies for each stage of proceedings when the request is filed. - The expertise carried out by the urgent‑matters judge in a limitation‑of‑attachment request is of a special nature, confined to valuing seized assets (real estate, vehicles, movables) to limit attachment to the amount of the debt, fees and expenses, observing the prohibition on exceeding the claimed debt where an asset is indivisible (Article 141/3 of the Civil Procedure Code). - That expertise concerns only the valuation of the seized property, not the merits or the establishment of rights; the judge is not bound by the procedural practices of a trial judge regarding accompaniment of the expert at inspection, while ensuring the expert takes the prescribed oath and discloses impartiality and independence. - The urgent‑matters judge may rely on an expert report produced in a prior suit provided it was conducted according to procedure and by court order or at the court’s request; the judge may consult land registry valuations and must verify encumbrances, liens or other real rights through the Land and Survey Department rather than relying solely on experts’ statements. (Points above drawn from cassation decision number 7640-2023.) - Article (191/5) of the Civil Procedure Code provides that permission to appeal remains in force until final judgment; established case law treats the period to file a second appeal in a case where permission was previously granted as ten days, starting the day after issuance of the decision (in‑person or deemed in‑person) or the day after notification when issued as deemed in‑person.
Practical significance
- Applicants should budget for the 50‑dinar fixed fee per procedural stage associated with such requests. - Expert appraisal will be concentrated on the actual valuation of seized assets, not on determining substantive rights in the dispute. - Courts may use prior expert reports if procedurally sound, while verifying any real‑estate encumbrances through the Land and Survey Department. - Where permission to appeal has previously been granted, a second appeal must be filed within ten days under the stated rules. This content is an educational general summary, not a judicial text or legal advice.
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