Filing a Civil Lawsuit in Oman Step by Step

A civil lawsuit in Oman is filed by a statement of claim deposited with the registry of the competent court, then moves through disciplined stages set by the Law of Civil and Commercial Procedure, Royal Decree 29/2002 — from registration and service to the exchange of memoranda, evidence, and judgment. Said Ibrahim Ambusaidi Advocates (SIA), based in Al Khoudh, Muscat, litigates civil and commercial cases at every level.

How is the case filed, and what must accompany it?

Under Article 65 of the Law of Civil and Commercial Procedure, the claimant must, when depositing the statement of claim, pay the fee in full, provide copies of the statement equal to the number of defendants, and attach copies of the supporting documents together with an explanatory memorandum. The registry records the case on the day it is filed under Article 68, a hearing is fixed, and the parties are served.

Choosing the competent court — by subject matter, value, and venue — precedes all of this: filing before the wrong court wastes precious time. Framing the claims comprehensively, principal and alternative, sets the ceiling of what can be awarded, since the court does not grant what was not requested.

What happens at the hearings?

Article 67 sets the appearance period: eight days before the Primary Court from service of the statement, reducible in cases of necessity with judicial permission. The court opens the first hearing by offering settlement to the parties under Article 99; if they settle, their agreement is recorded in the hearing minutes and carries the force of an executory instrument under Article 105 — otherwise the case proceeds.

The stages then follow: exchange of memoranda and documents; evidence under the Law of Evidence in Civil and Commercial Transactions RD 68/2008 — writing, testimony, expert opinion, and inspection as the facts require — with the court able to appoint an expert on technical questions such as accounts or property valuation. Absence has its rules: a defendant served in person who fails to appear does not stop the case being decided, under Article 86, and interruption of proceedings by a party’s death or loss of capacity is governed by Article 129.

How does the case end, and what comes after judgment?

The case ends with a judgment on the merits after pleadings close; the judgment issues with reasons and is served on the parties. The losing party may appeal, then challenge before the Supreme Court in the prescribed cases and periods; the winning party obtains the executory copy under Article 175 and proceeds to compulsory execution before the execution judge.

An ordinary lawsuit may not even be the best route: rights established in writing and due for payment have the faster payment-order procedure, and disputes covered by Royal Decree 125/2020 have simplified circuits and electronic channels. Choosing the right route is a strategic decision that precedes the drafting.

Key facts

• A case is filed by a statement of claim deposited with the court registry with the fee, documents, and an explanatory memorandum, under Article 65 of the Law of Civil and Commercial Procedure RD 29/2002.
• The appearance period is eight days before the Primary Court, under Article 67.
• The first hearing opens with a settlement offer; a settlement recorded in the minutes has the force of an executory instrument, under Articles 99 and 105.
• Evidence follows the Law of Evidence RD 68/2008: writing, testimony, expertise, and inspection.
• A defendant served in person who fails to appear does not prevent judgment, under Article 86.
• After judgment: challenge within the prescribed periods, or compulsory execution with the executory copy under Article 175.

When to involve a lawyer

Before filing, not after. Weighing the evidence, choosing the court and the most suitable procedural route, and framing claims in a way that closes no doors are decisions that shape the outcome before the first hearing. A party who starts with a well-built file negotiates from strength even if the dispute ends in settlement.

At Said Ibrahim Ambusaidi Advocates (SIA) we handle civil and commercial cases from file assessment to execution: we draft the statements and memoranda, manage evidence and experts, and plead before the Primary Courts, the Courts of Appeal, and the Supreme Court across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.