Key points
- The Court of Cassation reviews the law, not the facts.
- The general deadline is sixty days, usually from the judgment date.
- All grounds must be set out in the appeal memorandum.
- Filing does not stop enforcement unless the court orders it.
What does the Court of Cassation do?
The Court of Cassation sits in Cairo at the top of Egypt's ordinary courts and hears cases from across the country. Its role is to make sure the law is applied and interpreted correctly and in the same way across the country.
It is not a third round on the facts. It does not hear new witnesses or weigh the evidence again. It reviews the judgment on points of law, based on what is in the case file. Its rulings set principles that the lower courts follow closely.
This guide covers civil and commercial cases under the Civil and Commercial Procedure Law No. 13 of 1968. Criminal cases follow a separate law with its own rules.
Which judgments can be appealed?
As a general rule, a cassation appeal is filed against judgments of the courts of appeal. Judgments of first instance courts are normally challenged by an ordinary appeal first.
Some judgments are excluded. For example, the law sets a value threshold, and claims below it cannot go to the Court of Cassation, with limited exceptions. The threshold has been changed more than once, so check the current figure for your case.
A party can also appeal to the Court of Cassation against any final judgment that contradicts an earlier final judgment between the same parties, whatever court issued it.
Judgments issued during the case, before the final ruling, can usually only be challenged together with the final judgment, with some exceptions set by law. Only a party to the case who lost on the point in question can file the appeal.
On what grounds can you appeal?
The law allows a cassation appeal on a limited set of grounds:
- The judgment breaches the law, or applies or interprets it wrongly.
- The judgment is void, or the procedure was void in a way that affected the judgment.
- The judgment contradicts an earlier final judgment between the same parties.
How are the grounds argued in practice?
Many appeals also raise defects in the reasoning. Examples are reasons that do not support the result, or a failure to answer a key defence. These are treated as forms of the grounds above.
A new argument that was never raised before the lower courts is generally not accepted, unless it concerns public order.
What is the deadline?
The general deadline is sixty days. It usually runs from the date the judgment is issued. In certain cases, for example where a party did not attend any hearing and filed no written defence, it runs from the date that party is served with the judgment.
The deadline is strict. A late appeal is rejected without the court looking at the merits. Start preparing as soon as the appeal judgment is issued. In the general case the days count from the judgment date itself, not from the day you obtain a copy, so request the copy early.
How is the appeal filed, and what happens next?
The appeal is filed by a written memorandum with the court registry. It must be signed by a lawyer admitted to plead before the Court of Cassation. The memorandum must set out all the grounds in full, because grounds left out of it generally cannot be added later. A deposit is paid on filing, and a copy of the judgment and the supporting papers are attached. The other side is then notified and can file a reply memorandum.
Filing does not stop the judgment from being enforced. The appellant can ask the court to suspend enforcement if enforcement would cause serious harm that would be hard to undo.
The cassation prosecution usually submits an opinion. The appeal is then examined in a council chamber, which can dismiss it by a reasoned decision if it is inadmissible or lacks serious grounds. Otherwise a hearing is set. If the court rejects the appeal, the judgment stands. If it quashes the judgment, it either sends the case back to be heard again or, in situations the law allows, decides the case itself.
When should you speak to a lawyer?
Speak to a lawyer as soon as the appeal judgment is issued, because sixty days pass quickly and the memorandum needs careful work. Counsellor Sayed Mahmoud Farghaly, who founded Al-Amthal Law Firm in 1977, is admitted before the Court of Cassation, and the firm can study the judgment and advise whether a cassation appeal has a sound basis.
This guide is general information, not legal advice. Procedures and deadlines change, so get advice on your own case.
Common questions
Can I present new evidence to the Court of Cassation?
Generally no. The court reviews the judgment on the record that was before the lower courts. New facts and new evidence are not examined, and new legal arguments are only accepted if they concern public order. Put all your evidence before the trial and appeal courts.
Does a cassation appeal stop the other side from enforcing the judgment?
Not automatically. The appeal court's judgment can be enforced while the cassation appeal is pending. You can ask the Court of Cassation to suspend enforcement if it would cause serious harm that would be hard to reverse. The court decides that request separately.
How long does a cassation appeal take?
There is no fixed timetable. It depends on the court's caseload and on whether the appeal goes to a full hearing or is decided in the council chamber. It can take a considerable time, so plan for enforcement and settlement questions while the appeal is pending.
This guide gives general information about Egyptian law. It is not legal advice, and procedures and deadlines change. Speak to a lawyer about your own case.