Judicial Discretion Adjusting Trial Procedure Dates Under Saudi Procedural Laws

Abstract

This study investigates regulatory authority of judicial discretion to set procedure dates in terms of content, time length and identify its scope and requirements. The inductive research approach is utilized in this study through examination of several provisions of chief procedural laws which are the law of civil proceedings, the law of pleadings before the board of grievances, the law of criminal procedures and the law of commercial courts. Legislative authority in KSA keeps charge to prescribe both the content and duration of most trial procedures, though delegates some authority to judges- both absolute and restricted- to adjust procedures dates which are mainly for emergency and unusual reasons considering the circumstances of litigants. This study is the first to inspect through an inductive study of KSA procedural laws, the judicial discretion in setting and rescheduling procedure dates based on litigants’ unusual circumstances, to present the flexibility of litigation under Saudi court systems. Not much research examines this issue especially in English language, and most research describes general litigation steps under KSA courts through different procedural laws, without studies investigating the extent of freedom delegated to KSA judicial institutions to adjust procedure dates based on emerging circumstances of litigants during processing cases, thus this study aims to fill this gap in the existing studes. This study suggest that trial judges must not employ this powerful authority in conflict with statutory provisions of laws, and the use of this authority must be consistent with the regulatory objectives considering the rights and circumstances of the litigants, and appropriate to the type of procedure under this authority, all while respecting the principle of complete access to justice and speedy delivery of rights.