Report of findings with questioning by a bailiff in Morocco: the order on application
Premises occupied in your absence, a tenant who left without returning the keys, an employer who denies having employed someone: before going to court, you must be able to prove a fact. A report of findings drawn up by a judicial commissioner (formerly huissier de justice, the Moroccan bailiff) is the safest way to record it.
When a person on site must also be questioned, the report is ordered by the president of the court, on a simple application. This article explains the procedure.
Legal basis
Two texts govern the procedure:
- The new Code of Civil Procedure (Law No. 58.25), in force since 24 August 2026. Its Article 225 empowers the president of the court of first instance to order, on application, a report of findings, a questioning, a formal notice or any urgent measure not governed by a specific provision. Questioning (“istijwab”) is now expressly named.
- Law No. 46.21 on the profession of judicial commissioner, which replaced Law No. 81.03. Its Article 43 allows the judicial commissioner to record material findings “free of any opinion”, on a court order or at the direct request of the person concerned, and to draw up questioning reports on a court order.
The measure ordered must not prejudice the rights of the parties. It may be requested even if the dispute is already before a court.
Simple findings or findings with questioning
To record a material fact (the condition of premises, the presence of an occupant, building works), no order is needed. The judicial commissioner acts at the direct request of the person concerned, who must show standing and an interest.
To question a person, an order from the president of the court is required. The judicial commissioner asks the authorised questions and records the answers.
In both cases, the judicial commissioner describes what is seen and heard, without giving an opinion or drawing a legal conclusion.
The application
- File it with the president of the competent court of first instance (or the president of the specialised division). It contains a brief statement of the facts and grounds, and specifies the place, the person to be questioned and the questions to be asked.
- The president rules without hearing the other party, immediately or by the next day at the latest. Up to 8 days may be allowed to complete missing documents, failing which the application is dismissed.
- If the application is dismissed, the order may be appealed within 7 days of its pronouncement.
Documents required
- The applicant's identity document.
- The documents showing the applicant's interest: land title, lease, employment contract, correspondence.
- The exact address of the place and the identity of the person to be questioned.
- The list of questions, precise and limited to the facts to be established.
Carrying out the order
- Choose a judicial commissioner in the area. A judicial commissioner may act only within the jurisdiction of the court of appeal where the office is located. Fees follow a regulated scale and are paid before the visit.
- Act within 30 days. The order must be carried out within 30 days of its issue; after that, a new one must be requested.
- Findings and questioning. The judicial commissioner goes to the place, records the facts and asks the authorised questions. The answers, or the refusal to answer, are recorded in a report drawn up in three copies.
Evidential value of the report
The questioning report is an authentic instrument. The Supreme Court (now the Court of Cassation) held that what the judicial commissioner records in it, as personally seen and heard, can only be challenged through forgery proceedings (inscription de faux) (Decision No. 3820 of 21 September 2010).
The judge then assesses what the answers prove in the proceedings on the merits. Hence the importance of precise questions, drafted with those proceedings in mind.
Handling the procedure from abroad
You do not need to be in Morocco. A lawyer registered with a Moroccan bar can file the application, follow its execution by the judicial commissioner and send you the report. You only need to provide the documents and the relevant information.
Each situation calls for different questions, designed with the future proceedings in mind. For a specific situation, you can set out your request in writing.