Judicial Documents

5. Arrest/Compulsory Appearance (jalb):

If the accused fails to appear before the investigating magistrate to give an explanation, the judicial authority orders their compulsory appearance and issues a document called the "arrest warrant" (barg-e jalb). Law enforcement officers present this warrant to the accused and then bring them before the investigating magistrate; this act is called "bringing in the accused" (jalb-e mottaham). This warrant may also be a "standing" or roving warrant -- meaning that, within the territorial jurisdiction of a particular court, officers may hold such a warrant so that, wherever they encounter the accused, they may arrest them and bring them before the investigating magistrate.

6. Judgment Record (dadnameh):

The dadnameh is the judge's decision and ruling, typed on a special printed form. This form has a particular structure and contains items such as the judgment-record number, the date the ruling was issued, the case docket number, the reasons and evidence supporting the ruling, the parties' particulars, the outcome of the ruling, and so on. Once the judgment record is prepared and signed by the judge, it will, subject to the relevant legal requirements, be served on you and the opposing party.

7. Writ of Execution (ejra'iyeh):

The writ of execution is another type of document, similar to the petition form, in which the name, surname, and place of residence of the judgment creditor (mahkoom-leh) and judgment debtor (mahkoom-alayh), the particulars of the judgment and its subject matter, and the fact that payment of the judgment debt is the judgment debtor's responsibility, are recorded; it is signed by the head of the court and the court clerk, stamped with the court's seal, and sent out for service. Writs of execution are issued in a number of copies equal to the number of judgment debtors plus two: one copy is kept in the case file, another copy is filed in the enforcement case file after being served on the judgment debtor, and one copy is served on the accused/debtor at the time of service.

Service of Judicial Documents

When you file a lawsuit in court, you must wait for documents from the court called "service papers" (owraq-e eblaghiyeh). Service is one of the important parts of a lawsuit, because it keeps you informed about your own case; holding the service document, if you are the defendant (i.e., the person against whom the lawsuit has been filed), allows you to see the reason for the service on the document itself, and you will even be notified, on that same document, of the consequences of your failure to appear in court. This service carries particular importance, so it is best not to disregard it.

In the past, service of judicial documents was carried out physically, but today service is carried out electronically, by registering with the "Sana" (Adliran/SANA) system; the information registered in Sana, such as address and telephone number, is treated as part of one's judicial record.

When service takes place through Sana, whether or not it is viewed, service is deemed to have occurred -- except that viewing it amounts to actual service, while failing to view it is treated as a refusal to accept the judicial documents. It is therefore considered a form of legal service. In electronic service, the recipient can only claim lack of awareness if they prove that they were unable to learn of the content of the service due to lack of access to, or a defect in, the computer or telecommunications system.