A Reformative Legal Vision for the Kingdom:
The Adoption of Rules of Discovery in the Civil Procedural System of Saudi Arabia: Considering the Example of the United States Discovery Regime
ALMUALLEM, SULAIMAN MOHAMMED
(2021)
A Reformative Legal Vision for the Kingdom:
The Adoption of Rules of Discovery in the Civil Procedural System of Saudi Arabia: Considering the Example of the United States Discovery Regime.
Doctoral Dissertation, University of Pittsburgh.
(Unpublished)
Abstract
Can the United States civil discovery regime be adopted in Saudi Arabia? If so, to what extent? This dissertation examines whether the Saudi Civil Procedure Law might adopt the United States discovery regime to resolve existing problems with unreasonable delays, shortage of judges, and the loss of people's rights. This dissertation then addresses some advantages and challenges of such adoption and proposes solutions for these challenges.
This research provides a comparative analysis of both legal systems and explores the possibility of adopting discovery in Saudi Arabia. It studies the status quo in both jurisdictions to explain how to employ discovery from the United States in Saudi Arabia. This dissertation considers the discovery absence in Saudi Arabia and the problems caused by this absence. This research also examines the discovery rules in the United States' Federal Rules of Civil Procedure to determine whether adopting discovery would be beneficial to the Saudi legal system. Furthermore, it provides recommendations about how Saudi Arabia should reform its civil procedure system by adopting a discovery regime.
This research seeks to understand discovery inefficiencies in Saudi Arabia through a comparison with the United States discovery. It conducts a literature review concerning civil procedure in both jurisdictions to understand the applicability of discovery in Saudi Arabia. It explains how discovery would resolve some legal problems in Saudi Arabia. This dissertation explains how adopting pretrial discovery would help courts provide for the exchange of legal materials. It also addresses how the pretrial exchange of materials would shorten the length and complexity of trials and assist with judicial procedures. This research examines some scholarship by both critics and proponents of the United States discovery regime. It also provides some legal methods to adopt discovery in the Saudi legal system.
This dissertation concludes that Saudi Arabia should adopt a discovery regime like the United States regime. This adoption, however, must be with greater tribunal involvement in discovery and a stricter discovery scope. It also concludes that parties must show valid reasons to request discoverable materials, and requesters must be responsible for the discovery expenses.
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Details
| Item Type: |
University of Pittsburgh ETD
|
| Status: |
Unpublished |
| Creators/Authors: |
|
| ETD Committee: |
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| Date: |
15 April 2021 |
| Date Type: |
Publication |
| Defense Date: |
21 January 2021 |
| Approval Date: |
15 April 2021 |
| Submission Date: |
17 February 2021 |
| Access Restriction: |
No restriction; Release the ETD for access worldwide immediately. |
| Number of Pages: |
622 |
| Institution: |
University of Pittsburgh |
| Schools and Programs: |
School of Law > Law |
| Degree: |
SJD - Doctor of Juridical Science |
| Thesis Type: |
Doctoral Dissertation |
| Refereed: |
Yes |
| Uncontrolled Keywords: |
Law, Civil Procedure, Evidence, Discovery, Saudi Arabia, Federal Rules Of Civil Procedure, Discovery Methods, Discovery Process, Discovery Rules, Discovery Stage, Saudi Civil Procedure Law, Discovery Regime, Initial Disclosure, Islamic Law, Islamic Jurisprudence, Evidence Law, Shariah Law, Sharia Law, Saudi Laws, Discovery In Saudi Arabia, Legal Education In Saudi Arabia, Saudi Legal System, United States Discovery, Civil Procedure In Saudi Arabia, Enhance Saudi Legal System, Reform Saudi Judicial System, Saudi Judicial Structure, Saudi Government Structure, Types of courts in Saudi Arabia, Disclosure Of Evidence And Legal Materials, Mandatory Disclosures And Discovery, Depositions, Interrogatories, Requests For Production, Requests For Admission, Physical And Mental Examinations, Subpoenas, FRCP, Advantages Of Discovery, Disadvantages Of The Discovery, Criticism Of The United States Discovery, Reconciliations In Islamic Law, Settlements In Islamic Law, Reforms To The Saudi Legal System, Amendment For Saudi Civil Procedure Law, Saudi Enforcement Law, Power Of Attorney In Saudi Arabia, Training Methods Of Judges In Saudi Arabia, Civil Procedure Law Reforms In Saudi Arabia, Amendment To The Saudi Commercial Judicial System, Early Disclosure, The Commercial Courts Law And Procedures, The Commercial Courts Law, The Saudi Commercial Courts Law, The Saudi Commercial Law, Difference In Civil Procedure Between The United States And Civil Law Jurisdictions, Discovery And Islamic And Saudi Laws, Islamic Shariah Law Flexibility, Islamic Criminal Law, Conservatives’ Influence On Legislation In Saudi Arabia, Differences Between Civil Law And Common Law Systems, Discovery And Shariah Laws, Almaslaha Almursalah, Attorney-Client Relationship In Saudi Arabia, The Rules Of Discovery In The Hague Conference, The Hague Conventions, Guide To The Saudi Law Of Civil Procedures |
| Date Deposited: |
15 Apr 2021 13:51 |
| Last Modified: |
15 Apr 2021 13:51 |
| URI: |
http://d-scholarship.pitt.edu/id/eprint/40202 |
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