27 June 2017 06:35 AM

Persons of the Legal Sector Back


Judicial Assistants

Presentation
The judicial assistants are the heads of departments, head clerks, clerks and court ushers and draftsmen at the judicial departments.
Their number, categories, series of their grades and salaries are determined in payrolls organized by virtue of decrees issued by the Cabinet upon the suggestion of the Minister of Justice.

Legal texts
- The legislative decree number 112 issued on the 12th of June 1959 related to the regulation of employees.
- The new Code of Judicial judiciary issued on the 16th of September 1983.
- The code of Civil Procedure issued on the 16th of September 1983 as per the legislative decree number 90.

Appointing
General conditions of recruitment:
- To be Lebanese since more than ten years
- To be twenty years old and above
- Not to be more than thirty five years old if the candidate requires one of the positions of the fifth and fourth categories. But if he requires any position of other category, the difference between his age and the age of retirement of such a position should not be less than the minimum duration to deserve the pension.
- To present a certificate of the public medical committee confirming that he is sound of diseases and incapacities that may prevent him from fulfilling his functions.
- To present a copy of his police record
- To successfully pass the competition of which requirements are determined by the Minister of Justice after consulting the Council of Civil Service, provided that a judicial or administrative magistrate chairs the board of examiners.

Special conditions of some judicial assistants
For the position of draftsmen: Intermediate diploma or technical diploma or any equivalent degree.
For the position of court usher: Intermediate diploma or its equivalent
For the position of clerk: Lebanese Baccalaureate Diploma – Section I – or five years in effective service in a court usher position
For the position of Head Clerk: Baccalaureate Diploma – Section II – or five years in effective service in the position of clerk.
For the position of Head of Department: Bachelor’s Degree at Law, or effective service, for five years in the position of head clerk, or for ten years in the position of clerk.

Method of appointment
The candidates who successfully pass the competition are appointed by virtue of a decree issued upon the suggestion of the Minister of Justice and after the approval of the Council of Civil Service.
Tasks
Head of Department:
The head of department has, towards the department’s employees, the same competences as the head of the department in the Public Administrations.
The head of the department or his representative among the clerks should receive all the summons, petitions, pleas and documents and should deliver receipts in return and record them after payment of the legal fees. And he should handle the organization of a private file for every lawsuit.
The head of the department or his representative among the clerks delivers the litigant in favor of whom the judgment is rendered, and after payment of the fees, a copy of the judgment ratified by him and comprehending the expression “True copy valid for execution” after full payment of the fees and verification of the execution validity of the judgment. He is entitled as well after payment of the fees to hand in return of the payment of expenses a true copy for any person with the exception of the legal exclusions.

Clerks:
The clerk helps the court in the trial sessions, investigation and inspection. He takes in charge to draft the minutes and sign them at the risk of cancellation.
The clerk ensures the link between the litigants on one hand and the court in the department on the other hand, and enables them to obtain true copies of the papers and documents after that he ratifies them and obtains the ratification of the head clerk on the true copies and that after payment of the expenses.
The clerk handles the organization and the filing of the lawsuits as well as the schedule of the sessions, the minutes of the trials and the records designed for the registration of the lawsuits, and the judgments and decisions.

Court usher:
The court usher handles, in the court’s department to which he is related, the notification of the trial papers and the judgments, and organizes the relevant minutes comprehending specific information provided for in the new code of civil procedure.
He handles as well the call on litigants during the trial sessions.
He undertakes the material works assigned to him by the court.



Execution officer:
The execution officer accomplishes under the control of the Head of the Department all the necessary activities needed for the execution, and mainly the following:
- The deliverance of the petitions and papers and their registration in the records, the organization of a file for every lawsuit and a minute in which all the formalities and decisions of the president issued in its concern are drafted, and he signs this minute.
- The collection of all the amounts paid for the settlement of a debt and its deposition in the treasury fund, their distribution and the collection of all the amounts received after the sale of seized funds and their deposition with an accredited bank.
- The execution officer is allowed to ask for the assistance of the public force, directly or through the presidency of the department or the public prosecution. And he is entitled to affix the seals without the prior authorization of his president.

Draftsmen:
The draftsman handles the photocopy of judicial judgments and decisions
Liabilities

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