Kuwait Law No. 9 of 2020 amended provisions of Decree-Law No. 38 of 1980 issuing the Civil and Commercial Procedures Law. The amendment introduced electronic methods for serving judicial notices and modernised rules relating to service, proof of receipt and enforcement.
What did Law No. 9 of 2020 change?
The law permits service by email or another modern electronic communication method capable of being stored and retrieved, subject to the procedures and technical controls issued by the competent authorities. Electronic service may also be used in personal-status and family disputes.
If electronic service cannot be completed, the court may authorise service by the ordinary method. The legal validity of any service therefore depends on compliance with the applicable statutory conditions and the evidence showing how and when the notice was delivered.
Required information in a notice
A judicial notice must contain the legally required information about the applicant, the person to be served, the subject of the notice and the method used. For electronic service, relevant email or approved electronic-contact details must be recorded accurately.
When does electronic service take effect?
Under the amended framework, electronic service produces its legal effects when receipt by the person served is established through the competent system in a form that can later be retrieved. System-generated electronic data may serve as the original record where the applicable legal and technical conditions are met.
Service outside Kuwait
A person residing outside Kuwait may be served through a known email address or another known modern electronic means. If no such method is available, the ordinary diplomatic route may apply according to the procedures in force.
Practical steps for businesses and individuals
- Keep registered mobile, email and contact information current.
- Preserve electronic receipts, timestamps and delivery records.
- Verify the identity of the sender and the case details.
- Do not ignore an electronic judicial notice.
- Seek advice promptly when a response or appeal deadline may apply.
Legal notice: This is a general English overview, not an official translation or advice on a particular proceeding. The Arabic legislation and current implementing decisions remain the authoritative reference.