A new era begins for process servers
The profession of process servers is about to undergo a real revolution. Their scope of authority will be expanded under Law No. 46-21, which comes into force on September 12.
«For process servers, this is a significant development, as the law has broadened their scope of intervention. For litigants and lawyers, the text establishes a legal framework to enable certain procedures to be used legally with greater speed and fluidity, particularly when the notion of urgency is omnipresent», explains Kamal Habachi, a business lawyer and partner at HB Law Firm.
Among the new features planned is the recovery of public and private debts. “This is a service that some practitioners were already providing, but unofficially and without a regulatory framework”. Now, this activity will be carried out completely legally. The law now authorizes process servers to draw up minutes of general meetings of commercial companies on the basis of a court decision following an action brought by an interested party.
■ Eviction procedure
Another service that will be proposed by process servers is the supervision of eviction procedures and real estate sales. Until now, this service has been the responsibility of court enforcement officers. To be authorized to handle eviction and expulsion orders, they must have five years’ seniority in the profession and not have been suspended following disciplinary proceedings. This service is subject to obtaining a permit from the Ministry of Justice. To do so, the judicial support officer must submit a request for authorization to the Minister of Justice via the president of the competent court of first instance, who must issue an opinion on the matter.
■ Summons issued by process servers
A Another new development in the scope of process servers’ powers is the possibility of issuing summonses to question persons other than those involved in a case, but on the basis of an order issued by the presiding judge (President of the Court). A report must be drawn up on the orders of the presiding judge, with the aim of gathering answers or information about a dispute in which he or she is involved. The procedure makes it possible to obtain evidence or ascertain a situation before or during the course of legal proceedings. This is not currently easy under Law No. 81-03, which will be repealed when Law No. 46-21 comes into force.
■ An annual activity report
Process servers are now required to prepare an annual activity report containing statistics on all proceedings carried out during the year and, where applicable, the professional status of all sworn clerks in their service. This report must be submitted to the Regional Council of Process Servers against receipt before the end of January of the following year.
The president of the Regional Council of the Order of Process Servers is responsible for preparing a detailed statistical report on the activities of members practicing within the jurisdiction of each court of appeal. A copy must be sent to the Ministry of Justice, the First President of the Court of Appeal, the Attorney General, the presidents of the courts of first instance, and the prosecutors at those courts before the end of February. Another statistical report must be prepared by the professional body of process servers and sent before the end of April to the Ministry of Justice, to the High Council of the Judiciary (Conseil Supérieur du Pouvoir Judicaire) , and to the Public Prosecutor’s Office.
Hassan EL ARIF
