A Memorandum Of Defense uae is a defendant’s written answer to a civil or commercial claim. Submit it with signed document copies no later than 10 business days after service. Article 48(2) of the Civil Procedure Code, Federal Decree-Law No. 42 of 2022, sets this deadline. The day of service is excluded. A period ending on a public holiday extends to the next business day (Article 12).
This guide covers civil and commercial cases. Defence memoranda in criminal cases follow the Criminal Procedure Law and are not covered. For the surrounding court process, read what litigation means in the UAE.
Quick Answer
A Memorandum Of Defense in the UAE is a written response to a civil or commercial lawsuit. Under Article 48(2) of the Civil Procedure Code, a defendant should submit the signed defence and supporting documents within 10 business days after service, excluding the day of service.
The memorandum should address the claim, raise relevant procedural objections, present factual and legal defences, and identify supporting evidence. Missing the deadline does not automatically prevent a defence, but late documents may be rejected or lead to penalties. Some procedural pleas can be lost unless raised before other defences.
What the law requires
| Point | What the Code provides | Article |
|---|---|---|
| What to file | A statement of defence and copies of the defendant’s documents, duly signed, electronically or on paper | 48(2) |
| Deadline | 10 business days from the date the process is served | 48(2), 12 |
| How service happens | By email, text message, smart application, recorded call, hand delivery or the other means the Code lists. Service is effective from the date of service or, for electronic means, from sending | 9, 11 |
| Effect of filing | A defendant who files a statement of defence is treated as present, even if he does not attend later | 54(1) |
| Effect of not appearing | If a duly served defendant does not appear, the court gives judgment as if it were issued in his presence | 55 |
| Documents at the first hearing | Pleadings take place at the first hearing. A document that could have been filed within the 10-day period may still be admitted, unless that causes an adjournment, in which case the party causing the delay can be fined AED 2,000 to AED 5,000 | 73 |
| Replies | Each side may file documents in response to the other’s defence and interlocutory applications | 73 |
| Late documents | The court or supervising judge can fine a party AED 1,000 to AED 10,000 for not filing documents within the time set, and can later decide on the case as it stands | 74 |
| New material | The court may allow new documents, pleas or evidence at the hearing, but can refuse if they could have been given to the Case Management Office | 76 |
The Code does not state that missing the 10 days bars the defendant from defending. The court may still hear him, but late filings can be refused or cost a fine.
Received a Civil or Commercial Court Claim in Dubai?
Discuss your statement of claim, service date and supporting documents with Leaders Advocates. Ask how to prepare your defence within the relevant filing period.
Memorandum Of Defense uae contents and procedural pleas
The Code prescribes no format. Organise the memorandum around the procedural pleas and substantive defences it recognises.
- Raise procedural pleas first. Territorial jurisdiction, referral to another court and invalidity unrelated to public order must be raised together, before any other defence. Otherwise, the right lapses (Article 86). Non-public-order pleas also lapse if a party appearing before the Case Management Office fails to raise them (Article 45(8)).
- Some pleas survive. Subject-matter jurisdiction, res judicata and dismissal for lack of standing may be raised at any stage (Articles 87, 93 and 94).
- Answer each fact and legal basis in the claim. Give your own account, supported by documents.
- Attach signed document copies. If authenticity is disputed, the court sets a hearing for originals. An unjustified forgery allegation based only on a document being a photocopy can attract AED 1,000 to AED 10,000. Article 48(3) sets that fine. Foreign-language documents require certified translation (Article 48(4)).
- Counterclaims may seek judicial set-off, damages caused by the case, or relief refuting or limiting the plaintiff’s claim. Use the standard procedure or raise the claim orally at the hearing. None is admitted after pleadings close (Articles 99, 101 and 102).
- State the requested dismissal and any costs clearly. The losing party bears legal costs under Article 133.
Court proceedings are in Arabic. English is permitted only in tribunals designated by the head of the judicial body (Article 5).
Need Help Preparing Procedural Pleas and Evidence?
Speak with Leaders Advocates about jurisdiction objections, document authenticity, substantive defences and possible counterclaims. Some procedural rights may be lost if they are not raised at the correct stage.
Steps to file
- Record the date and means of service, and count 10 business days from the next day (Articles 9, 11 and 12). For how the original claim reaches court, see how to file a civil case in Dubai.
- Read the statement of claim and its documents, and decide which procedural pleas apply.
- Draft the memorandum, with a clear heading for each plea and defence, and number the documents you attach.
- File it, signed, with copies of your documents, through the court’s electronic system or the Case Management Office (Article 48(2)).
- Prepare for the first hearing, when pleadings take place (Article 73). File any reply to the plaintiff’s answer within the time set.
The court must give its dispute-ending judgment within 80 days of the first hearing. It cannot adjourn more than 10 hearings, or twice for the same reason attributable to a party (Article 78).
Who can file it for you
- You may appear and file personally or through a lawyer, relative or in-law up to the fourth degree. For a private company, a qualified employee may act with a notarised power of attorney (Article 52).
- Special authority is required to admit or waive the claimed right, settle, agree to arbitration, or accept or administer an oath. It is also required to abandon proceedings or waive a judgment (Article 61).
- Article 52 preserves the Legal Profession Law’s operation. That law reserves court appearance to lawyers, subject to its permitted exceptions.
Need Representation in a UAE Civil or Commercial Case?
Discuss the claim documents, proposed defence, court representation requirements and filing deadlines with Leaders Advocates before your next hearing.
Questions about the memorandum of defense
Relevant Legal Services
For drafting a memorandum of defence, assessing procedural objections, responding to civil or commercial claims and preparing court evidence, explore our litigation lawyers in Dubai, commercial litigation lawyers in Dubai and civil lawyers in Dubai. The appropriate defence depends on the statement of claim, service date, available evidence and procedural stage.
Related Legal Guidance
Need Legal Help With a Memorandum Of Defense in the UAE?
To discuss a defence, speak to our lawyers on WhatsApp or use the Contact Us page. Our litigation, commercial litigation and civil legal services can help assess your claim documents, filing deadlines and available defences.
