New Code of Civil Procedure: What Changes from 24 August 2026

After more than fifty years under the 1974 framework, Moroccan civil procedure is entering a new phase. Law No. 58.25 has been enacted and published in the Official Gazette and will enter into force on 24 August 2026. Here are the main changes that individuals and businesses should anticipate.

1. A formally enacted text with an imminent entry into force

After more than fifty years under the 1974 framework, Moroccan civil procedure is changing. Law No. 58.25 has been enacted and published in the Official Gazette and will enter into force on 24 August 2026. Here are the main points individuals and businesses should anticipate.

The bill generated significant debate, particularly over limits placed on certain avenues of appeal, which were challenged by part of the legal profession. An earlier version had also been partially reviewed by the Constitutional Court because of insufficient safeguards surrounding remote hearings.

Those concerns have since been addressed. The text was enacted by Dahir No. 1.26.07 on 11 February 2026 and published in Official Gazette No. 7485 on 23 February 2026. A circular issued on 22 July 2026 by the delegated president of the Higher Council of the Judicial Power and circulated to presidents of courts of appeal and courts of first instance further clarifies implementation. Under Article 643, the law enters into force on 24 August 2026 and repeals the 1974 Code of Civil Procedure.

2. Service of judicial documents made easier

Article 86 introduces a solution to difficulties involving defendants who cannot be located. When service at the stated address is impossible and the usual steps have been exhausted, the court may now use the address recorded in the electronic national identity card (CNIE) database. A summons sent there is deemed validly served and produces its legal effects, provided that a report records the steps taken.

3. Remote hearings now have a legal framework

Article 90 regulates remote hearings for the first time, giving a legal framework to a practice that previously lacked detailed statutory rules. It requires the parties’ express consent, a properly equipped location ensuring defence rights, simultaneous two-way communication and preparation of an official report. If these conditions cannot be met, the court may return to ordinary proceedings by reasoned decision.

4. A new map of appeal and review remedies

The reform introduces a graduated system of remedies based on the value of the dispute:

• Article 30: courts of first instance decide, at first and final instance, disputes valued at no more than MAD 10,000, with no appeal available.
• Article 31: where there is no commercial court in the relevant jurisdiction, courts of first instance may hear commercial disputes up to MAD 80,000.
• Article 375: cassation is excluded for disputes not exceeding MAD 30,000, as well as disputes concerning recovery of rent and rental charges.
• Article 376: a lawyer or judge who is personally a party to a dispute may plead before the Court of Cassation without instructing a lawyer authorised to appear before that court.

5. What litigants and businesses should anticipate

Any proceedings brought from 24 August 2026 onward will be governed by the new rules. Individuals and businesses involved in debt recovery, commercial disputes or enforcement should therefore assess, from the outset, how the new thresholds affect available remedies. A dispute that previously carried a right of appeal may now be finally decided at first instance.