The Courts of Agadir: A Practical Guide for Litigants

Receiving a summons, having to go to court or following a relative’s case: for many people in Agadir, a first contact with the courts is a source of worry. Where do you go? Which court has jurisdiction? How long will it take? This guide presents the courts of Agadir and its region, how a case proceeds, the deadlines not to miss and the tools available to follow your case. It does not replace a lawyer’s advice on your situation, but it will help you understand each step and approach it with confidence.

The judicial map of Agadir and its region

Several courts sit in and around Agadir:

• the Agadir Court of First Instance, the court of general jurisdiction for Agadir and the municipalities within its area;
• the Inezgane Court of First Instance, for Inezgane, Ait Melloul, Dcheira, Lqliaa and neighbouring municipalities: see lawyer in Inezgane;
• the Agadir Commercial Court, for commercial disputes;
• the Agadir Administrative Court, for disputes with the authorities;
• the Agadir Court of Appeal, which hears appeals against judgments of the courts of first instance within its area and tries serious crimes.

Appeals from the Agadir Commercial Court go to the Marrakech Commercial Court of Appeal, and appeals from the Administrative Court to the Marrakech Administrative Court of Appeal. At the top of the system, the Court of Cassation in Rabat reviews how the law has been applied.

The court of first instance and its divisions

The court of first instance handles most cases. Its divisions include:

• a civil division: contracts, liability, debts between individuals and property disputes;
• a family division: marriage, divorce, maintenance, custody and inheritance;
• a social division: dismissals, wages and workplace accidents;
• a criminal division: lesser offences and minor offences;
• the summary proceedings judge, usually the court president, who orders urgent, provisional measures: evicting an unlawful occupant, official findings of fact, suspending building works;
• the enforcement office, which carries out judgments.

The Agadir Commercial Court

It hears disputes between traders, company matters, negotiable instruments and business assets. It can issue payment orders for commercial debts supported by written evidence, a fast procedure that is useful for debt recovery. It also handles businesses in difficulty: safeguard, restructuring and liquidation. See recovering unpaid invoices and businesses in difficulty.

The Agadir Administrative Court

It hears challenges to decisions of the authorities: refused permits, disciplinary sanctions against civil servants, tax decisions, expropriation, public procurement and the liability of the State and local authorities. An application for annulment must generally be filed within 60 days of the decision being published or notified. See challenging a decision before the Agadir Administrative Court.

How does a case proceed?

A civil case generally goes through these steps:

1. the originating application: a written document setting out the facts, the claims and the supporting documents, filed with the court registry together with the court fees, unless legal aid applies;
2. service on the other party, through a judicial officer (formerly a bailiff) or the registry;
3. hearings: exchange of written submissions, production of documents and sometimes an expert report or inquiry ordered by the court;
4. deliberation, followed by judgment;
5. notification of the judgment, which starts the time limits for appeal;
6. enforcement, voluntary or compulsory, through the court’s enforcement office.

Appeal deadlines: watch them closely

Deadlines are strict, and a late appeal is inadmissible:

• in civil matters, an appeal can generally be lodged within 30 days of notification of the judgment;
• some matters have shorter deadlines, for example 15 days for summary orders;
• in criminal matters, an appeal must generally be lodged within 10 days of the judgment.

Procedural rules are subject to reform: always check the exact deadline that applies to your case with your lawyer.

Tracking your case online

The Ministry of Justice provides an official portal, mahakim.ma, where you can follow the progress of a case: hearing dates, adjournments and the decision. You need the case number, which usually combines a number, a code for the type of case and the year. Your lawyer can give it to you.

Legal aid

People who cannot afford court fees and lawyers’ fees can apply for legal aid by showing their financial situation. In some matters, such as employment disputes brought by employees, it is granted by operation of law. See a lawyer’s fees in Agadir.

The day of the hearing: practical tips

• arrive early with your summons and identity card;
• check the notice board for the courtroom and the order of cases;
• bring a copy of your documents, even if your lawyer has already filed them;
• dress appropriately, switch off your phone and only speak when the judge invites you to;
• hearings are conducted in Arabic; an interpreter can be appointed if needed.

A worked example

A wholesaler in Agadir has been waiting six months for a trading customer to pay several invoices. His lawyer files an application for a payment order with the Agadir Commercial Court, together with the invoices and signed delivery notes. The order is issued and then served on the debtor by a judicial officer. When payment does not follow within the deadline, the file goes to the enforcement office, which seizes the debtor’s assets. Throughout, the wholesaler follows progress on mahakim.ma using the number his lawyer gave him. This simplified example shows that the right procedure and solid documents save a great deal of time.

Key takeaways

• Agadir has a court of first instance, a commercial court, an administrative court and a court of appeal; Inezgane has its own court of first instance.
• Appeals from Agadir’s commercial and administrative courts are heard in Marrakech.
• Appeal deadlines are short and often run from notification of the judgment.
• The mahakim.ma portal lets you follow a case using its number.

Frequently asked questions

Where can I find my case number?

It appears on the summons, on the receipt for filing the application and on documents your lawyer sends you.

Can a hearing be postponed?

Yes, for a serious reason: illness, the need to produce a document or a change of lawyer. The court decides whether to grant the request.

What happens if I do not attend?

Depending on the type of case and whether the summons was properly served, the court may decide in your absence. Never leave a summons unanswered.

Where do I enforce a judgment obtained in Agadir?

Through the enforcement office of the court that gave the judgment, or of the place where it is to be enforced, with the help of a judicial officer.

A lawyer close to the courts of Agadir

The office of Maître Said Laachili, based in Inezgane, appears before every court in Agadir and the surrounding region. To find out which lawyer suits your case, read lawyer in Agadir: which lawyer for which case?, visit our lawyer in Agadir and lawyer in Inezgane pages, then contact the office.