Jurisdiction
- The Court of First Instance is the court of general jurisdiction (Art. 18).
- Territorial jurisdiction: the court of the defendant's actual or elected domicile (Art. 27); special rules apply in matters of real property, inheritance, contracts and accidents (Art. 28).
Fast-track procedures
- Summary proceedings (référé): the President of the court rules urgently on interim measures without prejudice to the merits (Arts. 149 to 153).
- Payment order for monetary claims based on an instrument or an acknowledgement of debt (Arts. 155 to 165); opposition may be lodged within eight days.
Means of recourse
- Appeal within thirty days of service of the judgment (Art. 134); fifteen days for summary orders (Art. 153).
- Appeal to the Court of Cassation within thirty days of service (Art. 358) for breach of the law, lack of jurisdiction, excess of power, procedural defect or lack of reasoning (Art. 359).
- Revision (rétractation) (Art. 402) and third-party opposition (Art. 303).
Enforcement
- Prior service and formal demand; protective attachment, attachment and sale of movable and immovable property, and garnishment (Art. 428 et seq.).
- Exequatur of foreign judgments after review of jurisdiction, regularity and compliance with public policy (Arts. 430 and 431).
Key articles
Art. 1
« Only those who have standing, capacity and an interest in asserting their rights may bring legal proceedings. »
Art. 134
« The time limit for appeal is thirty days. It runs from service of the judgment on the person or at the domicile. »
Art. 149
« In all cases of urgency, the President of the Court of First Instance, or the judge designated by the President for that purpose, has jurisdiction to order, in summary proceedings, any measures that do not encounter serious opposition or that are justified by the existence of a dispute. »
A lawyer's points to watch
- Time limits for appeals run from service of the judgment, not from its delivery: keep the bailiff's notice of service.
- Provisional enforcement is not automatic; request it in the initial petition where possible.
- A foreign judgment (divorce, award of damages) must be granted exequatur before any enforcement in Morocco.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.