The Special Rules for the Judicial Deliberation in the Jordanian Civil Procedures Law A comparative Analysis Egyptian Law Pleadings

Abstract

The study shows that deliberation is an essential phase in the court’s verdict, and that the legislator has accorded much attention to protect the judges from interfering in their work, which reflected negatively on the parties. Through this study, it appeared that deliberation is a process carried out by a judge or more to settle a dispute and the rules are applied whether the court was composed of a single judge or more. It was also concluded that deliberation maybe done in the same session, and in the courtroom or in camera in the day of conclusion of trail or at a later day determined for this purpose. Deliberation must be conducted secretly and the judge is not allowed to disclose his opinion to any person, or disclose the views or votes of the members of the court before or after the verdict is issued or disciplinary liability will arise. It was also shown that deliberation must be concluded after the conclusion of trail and before the issuance of the verdict under the pain of nullity. It is also not permissible for judges who did not hear the legal arguments to take part in the deliberation, and if this rule was not taken into consideration the verdict is considered void and re-trail should be commenced.