#Know_your_right_and_your_law️

Dr. Fayez Al-Dubli

️Some people wonder about the role of the position? What is its role limited to? Is what it has provided considered evidence against the person it was appointed to? Is it permissible for the person in the position to appeal the ruling under which it was appointed?

# The answer

The Yemeni legislator has authorized the judge to appoint a lawyer or a relative up to the fourth degree to represent the defendant in the event of his refusal to appear, after he has been notified for the second time, and after the judicial police have been unable to bring him by force due to his evasion after being assigned by the competent judge. The legislator has authorized the judge to appoint a lawyer on behalf of the defendant who has refused to appear so that his evasion is not considered an obstacle to the establishment of the dispute and a deterrent to its consideration, but rather in support of and in response to the request of the plaintiff who preferred to resort to the judiciary and God’s law, and to prevent the plaintiffs from going when the defendants refuse to appear to take their rights by force.

#Therefore, the appointment is a formality, as the defendant's lawyer does not have any evidence to refute the plaintiff's claim.
However, the office may submit what must be submitted, provided that it has derived its reasons for defense and requests from the statement of claim and the case file, such as if a person filed a debt claim but did not specify in his claim petition the amount of the debt that the defendant must pay, or, for example, when the plaintiff requests the defendant to lift the usurping hand but did not mention the name of the place subject to the claim, in this case the office may submit formal defenses for ignorance. The office also has the right to submit defenses related to public order aimed at ending the claim, such as when the plaintiff claims in his claim petition that the place subject to the claim is his property, but he attached to his claim documents a final arbitration ruling confirming the defendant’s ownership of the place subject to the claim, then the office may submit a defense of inadmissibility of the case because it has already been decided by a final arbitration ruling.
However, in the absence of any evidence in the case file, the position is not entitled to raise such defenses, in order to save the court’s time and effort and not prolong the dispute. The court’s response is limited to denying the claim and requesting that the plaintiff be obligated to prove his claim, leaving it to the court’s justice to evaluate the plaintiff’s evidence, whether negative or positive.
Note that what was provided from the position during the defendant’s absence is not an argument against him. If he is present during the course of the dispute, he has the right to request that the position be relinquished and to object to everything he provided.
The office holder is not entitled to appeal the ruling issued, as his appointment was limited to what he was appointed to in only one judicial stage.