Morocco’s new code of civil procedure takes effect August 24, replacing the current text and introducing significant changes to how civil trials unfold in the kingdom, from how court documents are delivered to how appeals are handled, according to Medias24.
One of the most concrete changes concerns notifications: articles 77 and 216 require parties to inform courts of any address change, so a notice sent to an outdated address is still validly delivered if a party failed to report the change. Where a defendant cannot be located, article 86 lets courts use the national electronic ID database to find a last known address, treated as valid notification.
The new code also formally regulates remote hearings for the first time, a practice used informally since the pandemic. Participants must be in a space with the necessary technical means, with two-way communication between court and remote location, a written record of proceedings, and safeguards protecting the right to a fair trial, though implementing regulations still need to be issued.
Appeal rights will now be tied more closely to a dispute’s value: courts of first instance will rule as final for civil claims up to 10,000 dirhams, with commercial cases up to 80,000 dirhams eligible where no commercial court exists, while claims under 30,000 dirhams and rent disputes are excluded from Court of Cassation appeals. The code also penalizes bad-faith litigation, including fines of 5 to 15 percent of a disputed debt for appeals filed only to delay payment, and enshrines conciliation and mediation as central dispute-resolution tools.
For cases already underway, transitional rules preserve continuity: jurisdiction rules in force before August 24 apply to cases ready for judgment, deadlines already running under the old code continue under the same terms, and new appeal rules will not apply retroactively to judgments already issued.
