Judicial Costs in Saudi Arabia: An Overview

Judicial costs are defined as financial amounts that one of the parties in a lawsuit is required to pay to the competent administrative authority, in accordance with the Judicial Costs Law issued under Royal Decree No. M/16 dated 30/01/1443 AH and its executive regulations. The law explicitly outlines the types of claims subject to judicial costs and those that are exempt. It also identifies the categories excluded from such costs and describes the process for appealing judicial cost assessments.

First: Who Bears the Judicial Costs?

The party against whom judgment is rendered shall bear the amount of judicial costs imposed for the claim and any related requests or a portion thereof, unless otherwise stipulated by the law or regulations. This does not affect the right of the concerned party to claim compensation.

If the claimant is found to be unjustified in part of their claim, they bear the costs associated with that part.

In the event the lawsuit concludes in settlement, the parties share the judicial costs equally, unless they agree otherwise.

Second: Claims and Requests Exempt from Judicial Costs

The following are exempt from judicial costs:

1. Public criminal cases, disciplinary cases, and related requests.
2. Claims and requests under the jurisdiction of personal status courts, except for appeal and retrial petitions.
3. Claims and requests under the jurisdiction of the Board of Grievances.
4. Claims and requests related to the division of inheritances, except for appeal and retrial petitions.
5. Claims and requests arising under the Bankruptcy Law.
6. Non-contentious matters and their related requests.

Third: Categories Exempt from Judicial Costs

1. Prisoners and detainees at the time the costs become due in non-criminal financial cases, whether the case is filed by or against them.
2. Employees subject to or excluded from the Labor Law, and those entitled on their behalf, for claims arising from employment contracts.
3. Ministries and government entities.

Fourth: How Are Judicial Costs Calculated If the Claim Value Changes?

If a request leads to a change in the estimated value of the lawsuit—whether an increase or a decrease—the judicial costs are recalculated based on the new estimated value, without affecting the costs specifically designated for the request itself.

Fifth: When Are Judicial Costs Refunded?

Judicial costs are refunded when it becomes clear that the payer is not liable or benefits from an exemption. Cases in which costs are refunded include:

• When the judgment is in favor of the person who paid the judicial costs.
• If a recusal request against a judge or judges is accepted.
• If a request for correction or interpretation of a judgment is accepted.
• If a request for appeal results in the complete annulment of the challenged judgment. In cases of partial annulment, a proportional exemption is applied. The same applies to cassation requests where the case is remanded.
• If the plaintiff withdraws the claim before the first hearing, following proper legal procedures.
• If the claim ends in settlement before the first hearing.
• In private rights claims attached to criminal cases, if settled by any means.

Sixth: Objecting to Judicial Cost Assessment

The plaintiff or applicant may object to the amount of judicial costs assessed. This objection must be filed within 15 days of notification. The objection is submitted to the Chief Judge of the court or a judge authorized by him. The decision issued on the objection is final and not subject to appeal.

Legal Reference:

• Judicial Costs Law (Saudi Arabia) – Ministry of Justice
• Royal Decree No. M/16 dated 30/01/1443 AH
• Executive Regulations of the Judicial Costs Law