The Impact of the Statement of Claim Being Devoid of the Signature of the Plaintiff or his agent in Jordanian Law

Abstract

This study aims to shed light on the mandatory data in the statement of claim and to investigate
the Impact of its absence from the signature of the plaintiff or his representative in accordance
with the provisions of the Jordanian Civil Procedure Law No. 24 of 1988 and its amendments, and
to investigate this topic as well in the Jordanian Bar Association Law of 1972 and its amendments.
The study clarified the mandatory data, including the signature and its importance, the penalty for
not signing the statement, and the position of the Jordanian Court of Cassation on this. The
researchers relied on the descriptive and analytical approaches in the study by analyzing the legal
texts that are the subject of the study, and describing the judicial cases that apply to those texts
through the rulings of the Jordanian Court of Cassation. The researchers concluded that the
Jordanian legislator stipulated a set of mandatory data in the statement of claim, including the
signature, but did not specify an Impact when this statement is not provided. The Bar Association
Law also stipulated that the statements submitted to a group of courts be signed by a professor
lawyer, but the Jordanian Civil Procedure Law did not rule on the invalidity of the unsigned
statement. However, the Court of Cassation's interpretation settled on the validity of the unsigned
list. The researchers recommend the necessity of amending the texts related to the subject of the
signature in a way that removes ambiguity about the validity of the list and ensures the achievement
of its purpose.