Moving house during a lawsuit is common. Under Morocco's new Code of Civil Procedure (Law No. 58.25), in force since 24 August 2026, it has become a real risk if you forget to tell the court. The code requires every party to declare a new address and treats service at the last address known to the court as valid. Individuals and companies alike should make this a habit from the very first step of a case and keep it until the file is closed.
What Articles 77 and 216 say
Articles 77 and 216 of Law No. 58.25 require each party to inform the court of any change of address. The consequence is simple: service at the last declared address is valid. A summons or decision sent to the former home produces its effects, even if the person no longer lives there.
The aim is to end cases that stall because one party has become impossible to reach. The burden of keeping the court informed now lies with the person who moves, not with the court or the opponent.
Untraceable defendants and the CNIE database
When a defendant cannot be located, Article 86 allows the court to use the address recorded in the database of the electronic national identity card (CNIE). A summons sent to that address is deemed validly served.
In other words, the address on your identity card may become the address used to summon you. Updating your identity documents after a move is therefore more than an administrative formality: it can have direct consequences in a lawsuit.
Companies and email addresses
Public-law legal persons must declare an email address on the platform provided for by the code (Article 626). For private persons, this remains optional (Article 627). The trade register is not a directory of email addresses, and an email address given in a claim is not, on its own, a valid channel for electronic service.
This is not theoretical: on 7 October 2026, the president of the Casablanca commercial court rejected a payment order application because the debtor company's email address was missing. Companies should keep their postal and email details up to date with every court where they are a party.
The practical risks of forgetting
A party who does not report a move may learn too late of a hearing, an investigative measure or a decision. They may lose the chance to present a defence or to react in time. Challenging the validity of service afterwards is difficult, since the law expressly validates service at the last declared address.
Claimants are also exposed: Article 77 lists the mandatory particulars of a claim and allows missing ones to be completed within a time limit set by the judge. A claim left incomplete after that time may be declared inadmissible.
A practical checklist for parties
- Check the address given in the claim or in your first written submissions.
- If you move, inform the court in writing, quoting the case references, and keep proof of filing.
- Tell your lawyer, who can make sure the file is updated.
- Update the address on your CNIE, which is used for untraceable defendants.
- For companies, check the postal and email details given to the courts.
- Keep collecting mail at the old address during the transition period.
Sources
- Médias24, 10 August 2026: « Nouveau code de procédure civile : ce qui change dès le 24 août »
- Médias24, 12 October 2026: « Le courrier électronique, obstacle à l'accès à la justice »
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.