Morocco’s new civil procedure law entered into force Monday, replacing the previous framework and introducing broad changes to how civil cases are filed, heard, appealed and enforced.
Law No. 58.25 is intended to simplify court procedures, reduce delays and address long-standing difficulties involving notification, enforcement of judgments and the use of digital tools in court proceedings. The law was published in the Official Gazette in February and took effect six months later.
Here is what the new law changes and why it matters.
Why was the law introduced?
The reform responds to problems identified in the previous civil procedure system, including complex procedures, lengthy litigation and difficulties in serving court notices and enforcing judgments.
The new framework also seeks to modernize court procedures through greater use of electronic filing, digital notification and electronic document exchange.
What changes for litigants?
One of the most significant changes is the move toward digital litigation. The law allows court claims, legal submissions and appeals to be filed electronically through secure platforms. Electronic signatures and digital exchanges of documents are also formally recognized, with provisions aimed at protecting personal data and establishing the legal validity of digital procedures.
Electronic notification is also introduced. Communications sent to lawyers through their designated professional electronic accounts can have legal effect, while the electronic national identity card can serve as a backup reference when notification cannot be completed at the declared address.
Public-law entities are required to provide electronic addresses, while private individuals and legal entities may opt for electronic notification under the conditions set by the law.
Can courts penalize abusive litigation?
Yes. The law gives courts greater tools to address what it considers abusive or delaying use of litigation. Courts may award compensation for vexatious proceedings and impose fines in certain cases where an appeal or objection is used to delay proceedings or obstruct enforcement.
The reform also strengthens the role of the Public Prosecutor’s Office in matters involving public order. In specified circumstances, prosecutors can challenge a judgment that violates public order even when they were not a party to the original case.
What about settlements?
The law gives greater emphasis to amicable dispute resolution. Courts can propose reconciliation at any stage of proceedings, reinforcing mediation and settlement as alternatives to prolonged litigation.
What changes in urgent cases?
The new rules allow courts to issue decisions without summoning the opposing party in cases of extreme urgency. The deadline for appealing urgent orders is set at 15 days.
The law also strengthens the role of the enforcement judge and introduces digital tools to help identify assets belonging to a debtor and monitor enforcement procedures. It also allows for judicial sales to be conducted through an electronic platform.
Does the law change international jurisdiction?
Yes. The new code sets out clearer rules on when Moroccan courts can hear disputes involving an international element. The provisions are based on contemporary private international law and are intended to improve legal certainty, including for cross-border disputes and investment.
What happens to the organization of courts?
The law seeks to consolidate procedural rules applicable to civil, administrative and commercial matters within a unified framework, while maintaining specialized sections for administrative and commercial disputes within first-instance courts.
The broader objective is to combine judicial unity with specialization, giving first-instance courts jurisdiction over civil, social and family matters while assigning specialized chambers responsibility for disputes within their respective fields.
Why is the reform significant?
The new law represents a major overhaul of Morocco’s civil justice procedures. Beyond changing individual deadlines and filing requirements, it seeks to move the system from predominantly paper-based procedures toward a more digital model while speeding up litigation and enforcement.
The reform replaces a procedural framework that had been in place for decades and introduces new rules covering jurisdiction, notification, appeals, settlements, digital proceedings and enforcement.
Authorities and judicial institutions issued guidance ahead of the law’s entry into force to help courts and legal professionals implement the new provisions.
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