The Code of Civil Procedure... A Bridge of Justice Between the Public and Private Sectors

“Pleadings” constitute the procedural instrument that transforms rigid legal texts into living, applied justice. If law is generally divided into two branches—substantive (which defines rights and obligations) and procedural (which outlines how to enforce these rights)—then the law of pleadings is the master of procedural laws. This dynamic field is divided into two main categories: public pleadings and private pleadings.

First: The Concept of Pleadings (in General):

Pleading is the legal means resorted to by the parties to a dispute (or their representatives, the lawyers) to present their claims, arguments, and evidence before the court, whether in writing (pleadings and memoranda) or orally (oral pleadings). Its ultimate objective is to enable the judge to form his legal conviction in order to issue a fair judgment.

Second: Public Pleadings (The Public Section):

Public pleadings are associated with cases that affect the public interest of society, with the State (represented by the Public Prosecution or Public Ministry) being a primary party therein, acting as the protector of societal interests.

Basic Scope: Criminal and penal cases (misdemeanors and felonies), in addition to administrative cases (lawsuits filed against administrative bodies and the State).

Role of the Public Prosecution: In public pleadings, the lawsuit is initiated by the Public Prosecution, which seeks the application of penalties against the accused to protect society, not merely to compensate the victim.

Characteristics:

- Public Order: Procedural rules here are extremely strict, and parties are not permitted to agree to violate them (such as appeal deadlines or court jurisdiction).

- Publicity: As a general rule, trials must be public, as society has a stake in knowing how justice is administered.

Third: Private Pleadings (The Private Section):

Private pleadings pertain to disputes arising between individuals or private legal entities (such as companies), where the impact of the dispute is limited to the parties involved and does not affect the fabric of society or public security.

Basic Scope: Civil cases (contracts, compensation, property), commercial cases (companies, financial transactions), and personal status cases (marriage, divorce, inheritance).

Role of the Parties: The adversaries are the primary and fundamental drivers of the lawsuit. The plaintiff decides whether to file the case and has the right to withdraw it or settle it at any time, without state intervention.

Relative Flexibility: The laws grant the disputing parties greater leeway to agree, such as opting for “arbitration” instead of the ordinary judiciary.

Confidentiality at Times: In personal status cases or sensitive commercial disputes, the court may render the proceedings “confidential” to preserve privacy.

Mohammed Saud Al-Mutairi

College of Business Studies – Law Major