Morocco's Judicial Officer Urges Staff to Adapt to New Civil Procedure Laws

Abdelrahman Lemtouni, the Judicial Officer of the Kingdom of Morocco, has called on his staff to embrace a new legal landscape shaped by Law No. 58.25 concerning civil procedure. This legislation introduces significant changes, overhauling existing procedures and introducing novel measures that require the Judicial Officer's agency to adapt its operations. The primary goal is to enhance the defense of state interests and public funds within the judicial system and to bolster efforts in preventing legal disputes.

In a directive to department and service heads, Lemtouni stressed the importance of "positive interaction with settlement requests and offers" in accordance with Article 8. He urged staff to actively participate in making these settlements successful, provided they do not conflict with state interests, the preservation of public funds, or the regulations governing public accounting.

Lemtouni also highlighted the critical need for timely submission of defenses to prevent the loss of state rights due to procedural irregularities. He specifically pointed to Articles 61 and 62, which mandate that certain defenses must be raised before any substantive defense is presented. Furthermore, he noted that defenses related to inadmissibility cannot be raised for the first time before a second-instance court, unless the judgment was rendered in absentia.

The directive further underscored the necessity of submitting responsive briefs and supporting documents within stipulated deadlines. Failure to do so, as outlined in Article 106, could result in the court disregarding arguments and requests if submitted after the case is deemed ready for judgment, with exceptions for withdrawal requests. Lemtouni also advised caution when formulating defense strategies, ensuring all relevant data and documents supporting the agency's defense are presented upfront, rather than relying on subsequent submissions.