Saturday, Prime Minister Bisher Al-Khasawneh issued Defense Order No. 21 for the year 2020, in order to ensure the continuation of the right to litigation and the regular functioning of the courts in light of the repercussions of the spread of the coronavirus.

The new defense order aims to protect judges, lawyers, and administrative personnel in the courts and any attendees from the risk of infection of COVID-19 and to limit its spread.

The following is the text of the defense order:

In accordance with the provisions of Article (3) of Defense Law No. (13) of 1992, and with the aim of protecting judges, lawyers, and administrative personnel in the courts and their attendees from the risk of infection with COVID-19, and to limit its spread in order to ensure continuity of the right to litigation and the regularity of the work of the courts, It has been decided to issue the following defense order :

1- Cases in the regular courts that were set Wednesday 11/11/2020 and Thursday 12/11/2020 will be postponed to dates which will be determined in accordance with the provisions of Paragraph (5) of this clause.

2- The work shall be suspended in the regular courts and the proceedings in them shall be postponed Sunday 15/11/2020 until the evening of Tuesday 11/24/2020, except for the following:

A- The Jordanian Court of Cassation and its technical office according to the arrangement determined by the President of the Cassation Court.

B - Heads of courts and public prosecutors.

C- Public Prosecution departments will investigate crimes committed during the period of detention, provided that the public prosecutors arrange the agenda of the public prosecution departments at the minimum level in order to fulfill the requirements of public security and safety and implement the provisions of defense orders and the reports issued pursuant thereto.

D- Judges who specialize in hearing violations of defense orders and urgent requests that the president of the court decides are not subject to delay, and a number of judges determined by the president of each court.

E- Judges of the courts of appeal who are competent to hear appeals to the validity of the representation of members of the House of Representatives, and a number of bodies determined by the president of each court.

F- A judge in each execution department to deal with emergency requests, if any.

3- During the period specified in Paragraph (2) of this clause, all appointments and dates stipulated in the legislation cease to be valid, whether they are an extension of the statute of limitations, a lapse, or failure to hear a lawsuit, or an extended measure of any litigation for taking any action from litigation procedures in all types of courts, public prosecution departments and enforcement departments In the Kingdom, except for the period specified for challenging the validity of the representation of members of Parliament.

4- The validity of the periods suspended under Paragraph (3) of this clause shall be completed as of 11/25/2020.

5- The Judicial Council shall issue a decision specifying the dates for the sessions occurring on the dates mentioned in paragraphs (1) and (2) of this clause, which will be published on any of the websites of the Judicial Council, the Ministry of Justice and the Bar Association, and the parties to these cases are considered notified of these dates from the date of their publication on any of those sites.

Starting from 12/13/2020, the following provisions apply to human rights cases and their procedures before regular courts of various types and degrees, and to civil judgments enforcement departments:

1- A- The litigant or the attorney who did not state their email address or mobile phone number in their lawsuit or claim must provide the competent court with that information prior to the date specified at the beginning of this clause, electronically or in writing, according to the by the Minister of Justice, in order to receive further communication.

B - If the litigant or the attorney fails to implement the provisions of Clause (A) of this paragraph, the court shall decide to proceed with the trial procedures in accordance with the provisions determined for absences according to the legislation in force.

2- A- The judicial papers, memoranda and evidence shall be communicated to the litigant or his attorney either by email address, text message, or WhatsApp on the authorized mobile phone when filing a lawsuit.

B- The expert or witness shall be notified on the email address, by text message, or via WhatsApp on the authorized mobile phone.

C- If it is not possible to obtain the e-mail address or the mobile phone number of the witness or attorney, they shall be notified according to the procedures established in the legislation in force.

D- Notifications in accordance with the provisions of Clauses (A) and (B) of this paragraph are considered legally effective from the day following the date of when the e-mail, text message or WhatsApp message is sent.

3- A- New cases, requests and appeals are recorded electronically or filed with the clerk of the competent court in the manner decided by the competent court head.

B - Fees for new cases, requests and appeals are paid electronically or manually with the competent court.

4- The response list, summons, requests, evidence, memoranda and final pleadings shall be submitted according to the methods stipulated in Clause (A) of Paragraph (3) of this Clause.

5- The confirmed signature depends on the regulations, memoranda and pleadings submitted to the court using electronic means and has the same validity of a normal signature. The electronic signature is given the same authenticity as of the date determined by the Minister of Justice in accordance with instructions issued for this purpose.

6- The provisions relating to notifications stipulated in paragraph (2) of this clause shall apply for the purposes of communicating all of what was mentioned in paragraphs (3), (4) and (5) thereof.

7- The date of electronically sending or depositing in the Registry shall be the date of registration or submission of all what was mentioned in paragraphs (3), (4) and (5) of this clause.

8- A- The court may issue preparatory or preliminary decisions in the absence of litigants, provided that these decisions are notified to them as soon as they are issued in accordance with the methods specified in paragraph (2) of this clause.

B - If the preparatory or preliminary decision includes the permission for a litigant to submit a memorandum, then the memorandum must be submitted electronically or in writing, and the court shall inform the rest of the parties.

9- A- The court may use audio-visual communication techniques in the following cases:

1- Holding sessions for expert discussion, which in this case the court should mention in the session minutes of the method in which the identity of the expert was verified.

2- Holding any session or taking any action in matters other than those mentioned in Clause (B) of this Paragraph.

B - It is not permissible to use audio-visual communication techniques in the following cases:

1- Witness hearings unless the parties agree otherwise.

2- The expert or expert(s) understand the assigned task, take an oath, hand over documents, and proceed to examination and inspection in cases where the law requires them to be conducted under the supervision of the court, including subscription procedures.

3- Any oath prescribed by law by the party to whom the oath is directed.

4- Interrogation of opponents.

5- The closing session for the purposes of making the final statements regarding the pleadings and the pronouncement of judgment.

The provisions relating to the notifications stipulated in Paragraph (2) of Clause (Second) of this defense order shall apply to notification procedures in criminal cases.

1- Sessions of cases in the Sharia courts that were set on Wednesday 11/11/2020 and Thursday 12/11/2020 are postponed to the dates that are determined in accordance with the provisions of Paragraph (5) of this clause.

2- The work in Sharia courts shall be suspended and the case sessions therein postponed from the morning of Sunday 15/11/2020 until the evening of Tuesday, 11/24/2020, with the exception of:

A- The Sharia Supreme Court and its technical office according to the arrangement determined by the President of the Sharia Supreme Court.

B - Heads of Sharia courts and Sharia public prosecutors.

C- One or more judges appointed by the president of the court to hear urgent or urgent requests, whether in case courts, documentation, legacies, or execution, which he deems that they cannot be delayed or postponed.

3- During the period specified in Paragraph (2) of this clause, all periods and dates stipulated in the legislation in force shall cease to be valid, whether they are statute of limitations, lapse or failure to hear a lawsuit, or periods for taking any of the litigation procedures at all Sharia courts, the Sharia Public Prosecution and offices Reform, mediation and family reconciliation in the Kingdom.

4- The validity of the periods suspended under Paragraph (3) of this clause shall be completed as of 11/25/2020.

5- The Sharia Judicial Council shall issue a decision specifying the dates for the sessions occurring on the dates mentioned in paragraphs (1) and (2) of this clause and those dates shall be published on the website of the Supreme Judge Department, and the parties to these cases shall be notified of these dates from the date of their publication on the aforementioned website .
The Prime Minister may amend any of the provisions of this defense order in light of the Jordanian health situation, according to communications or decisions he issues for this purpose.