On August 24, 2026, Morocco’s Code of Civil Procedure inherited from the dahir of September 28, 1974 gives way to an entirely new text: Law No. 58-25 on civil procedure, enacted by dahir No. 1-26-07 and published in Official Bulletin No. 7485 of February 23, 2026. After a turbulent legislative journey — thirty articles were struck down by the Constitutional Court on August 4, 2025 before being rewritten — this reform fundamentally reshapes access to justice, avenues of appeal, notification of parties, and the role of digital technology in civil proceedings. For businesses, whether in debt collection, commercial litigation, or ordinary contract disputes, this change in procedural framework is not neutral: it reshapes litigation strategy from the drafting of contracts through the decision to sue.
A reform adopted under constitutional review
Stemming from draft bill No. 02-23, the reform sparked extensive debate, particularly within the legal profession. On August 4, 2025, the Constitutional Court struck down more than thirty provisions deemed contrary to fundamental fair-trial guarantees. Among the rejected articles were a provision allowing the public prosecutor to seek annulment of a final judgment in disregard of res judicata, a notification rule based solely on the recipient’s “apparent age,” and a remote-hearing regime considered to lack sufficient safeguards. These provisions were rewritten before the final text was enacted.
Immediate practical consequence: until August 24, 2026, the 1974 Code remains in force before Moroccan courts. The period now opening is a window for businesses and their counsel to prepare for the new framework, particularly for proceedings already underway or about to be initiated.
Avenues of appeal: the value of the dispute becomes a strategic parameter
The most sensitive point of the reform for economic actors concerns the architecture of appeal rights, now conditioned on the value of the dispute. The thresholds initially proposed in the draft bill (40,000 dirhams to open a right of appeal, 100,000 dirhams for cassation) were significantly lowered during parliamentary debate.
| Rule | Threshold | Reference |
|---|---|---|
| Court of first instance ruling with no right of appeal | Claims not exceeding 10,000 MAD (above this, the right of appeal is restored) | Article 30 |
| Access to the Court of Cassation closed | Disputes not exceeding 30,000 MAD, as well as rent recovery, service charges and rent review disputes | Article 375 |
| Jurisdiction of the court of first instance over commercial matters, absent a commercial court in the district | Up to 80,000 MAD | Article 31 |
| Self-representation before the Court of Cassation | Available to a party who is themselves a judge or lawyer | Article 376 |
For a creditor business, the amount claimed now directly determines the remedies available in the event of disagreement with the ruling. Quantifying a claim — particularly in low-value commercial debt collection cases — should therefore be anticipated in advance, with these new thresholds in mind.
Notification of defendants: the end of delaying tactics
Article 86 introduces a mechanism designed to neutralize a classic cause of procedural delay: an untraceable defendant. Where the defendant is no longer at the indicated address or has left it, the text authorizes recourse to the national electronic ID card database to identify a current address; the summons is then deemed validly served. The steps taken must be recorded in a formal report, and if notification remains impossible despite this, the court rules on the matter as it stands.
This approach, already used in criminal procedure, should make it harder for a debtor to remain untraceable over the long term. In return, the accuracy of contact details and addresses stated in commercial contracts becomes more important: an outdated contractual address may now work against the party who provided it.
Remote hearings, now regulated
Article 90, struck down in its original version for lack of sufficient safeguards, has been entirely rewritten. A remote hearing now requires the prior, express consent of the parties concerned, an equipped venue guaranteeing the rights of the defense, simultaneous two-way communication, and a formal record that may be accompanied by an audiovisual recording. Failing these conditions, the court reverts, by reasoned decision, to the ordinary in-person procedure. Practical implementation details are still to be set by regulation.
A judge as “director of proceedings” and priority given to amicable settlement
The text significantly strengthens the role of the civil judge, who is no longer a mere passive arbiter between the parties. The judge may now more actively manage procedural deadlines, raise certain formal defects on their own motion, and invite parties to correct their filing before declaring it inadmissible. The reform also enshrines sanctions — in the form of damages — against abusive or bad-faith proceedings.
Another strong focus: priority given to conciliation and mediation. The court may now propose an amicable settlement to the parties; any agreement reached is then recorded in a final judgment not subject to appeal. Rules of jurisdiction between civil, commercial and administrative courts are also harmonized, and the public prosecutor’s involvement in matters of public order, family law and civil status is better regulated, with its power to seek annulment now subject to a five-year time limit.
The digital shift
Law 58-25 paves the way for electronic filing of claims and the integration of parties’ digital data, laying the groundwork for a progressively digitized civil justice system. The practical scope of this shift will, however, depend on forthcoming implementing texts and the resources actually deployed by the courts, as the digitization of Morocco’s judicial administration remains a medium-term undertaking.
Practical points of vigilance for businesses
- Quantify legal claims with the new thresholds in mind: a claim set below 10,000 MAD closes off appeal; below 30,000 MAD closes off cassation.
- Secure, within contracts, the full identity and up-to-date addresses of counterparties, as this data now determines the validity of notification.
- Reassess litigation strategy in rental matters (rent, service charges, rent review), now excluded from cassation.
- For proceedings underway as August 24, 2026 approaches, check with counsel how transitional law provisions apply.
- Anticipate the possible use of judicial mediation, which may offer a faster outcome than traditional litigation in certain commercial disputes.
- Monitor the publication of implementing texts on electronic filing and remote hearings before relying on these mechanisms.
Conclusion
Beyond its technical dimension, Law 58-25 rebalances Moroccan civil procedure in favor of speed: it restricts available remedies for low-value disputes, makes notification of parties more reliable, and initiates the digitization of justice. For businesses, the challenge is to build these new rules into their practices upstream — from contract drafting through the decision to litigate — rather than discovering them in the course of a dispute.
This article provides a general overview and does not constitute legal advice. Each situation calls for a case-by-case analysis. The Westfield law firm is available to assess the impact of this reform on your contracts and ongoing proceedings, and to assist you in applying it.