It is important
for litigants in person to remember that the same rules apply to them as to those who have legal representation when preparing a case and submitting documents to the court.
[43] It is in the best interests of the proper administration of
justice for litigants to expect that lawyers who represent them will be properly insured, thus protecting their interests.
For those litigants with fewer resources, however — including many accused persons — the expense associated with two full trials could be overwhelming.
All of this information strikes me as potentially useful when designing services and reforming
processes for litigants without counsel.
While the court system is designed to provide a standardized
experience for litigants, your judge is a human being at the end of the day.
On the surface, and with attention to the rules of professional responsibility, these arrangements seem to be completely acceptable
ways for litigants to get access to money to fund their lawsuits.
I'm wondering if the purpose is to improve (albeit in a very small and incremental way) the accessibility of the
language for litigants generally?
A similar trend may occur with the statistical determination of quantum of damages, thereby removing the
need for litigants to go to court in the first place.
The efficiencies implemented by the notice should streamline intellectual property litigation, resulting in time and cost
savings for litigants.
The short - term impact of this
case for litigants will depend on how the court crafts a remedy if it finds a constitutional violation.
Judges and lawyers need to continue to think about how they can use the amendments to achieve the goals of a more just, speedy, and inexpensive
process for litigants.
Speaking about the risks of refusing to discuss the possibility of mediation, Mr Smith said: «In his judgement Master Gordon - Saker has reiterated the importance of Alternative Dispute Resolution and the possible consequences
for litigants who fail appropriately to try to resolve their disputes outside the courtroom.
Court of Appeal e-filing expands access to the
court for litigants outside B.C.'s major urban centres by allowing parties to file documents without attending at the court.
Legal holds remain a common source of
issues for litigants, particularly with regard to spoliation and the question of reasonable efforts to preserve, and rapidly evolving sources and custodian behaviors are creating new challenges.
His recommendations, which he believed would improve the ordinary citizen's access to justice, included the introduction of simpler unified rules, more court control, free
advice for litigants in person and greater use of information technology.
However even when a full settlement is not reached, the hearing provides a useful reality
check for litigants and their lawyers, helps to clarify the issues in dispute and prepares the parties for future judicial and extrajudicial dispute resolution processes.
The decision is a must read
for any litigant seeking to obtain costs against a non-party and will no doubt serve as the jumping off point for a body of case law which will shape the parameters of what sort of conduct ought to be classified as an «abuse of process» such that it warrants the award of costs against a non-party.
«In Hickerton v Child Support Agency [2006] EWHC 61 (Fam) I drew attention to the fact that last year the Family Procedure Rules Committee considered the general question of routes of appeal in family proceedings... I continued at para [32]: «The key requirement, as the Committee put it, and I wholeheartedly agree, is that the appeal system must be clear, coherent and as simple as
possible for the litigant to understand and operate.
The question was asked as to whether or not there was the potential for a clash between the Commercial Court Long Trials Working Group's Report and the work of this review; Jackson LJ expressed the need for caution in changing the procedures of the Commercial Court given its position as the court of choice
for litigants from other jurisdictions.
It provides an exemption from
fees for litigants who are «impoverished,» but the economic evidence is that the fees are so high that even those who would not ordinarily can not be called poor can not really afford them.
The first is that digitalisation gives us a chance of bringing down court costs to a level which is affordable
for litigants even in jurisdictions like my own which deny in principle any public role in the funding of the court system.
[76] The trial judge found as a fact that the hearing fees are unaffordable and therefore limit
access for litigants who do not fall within the exemptions for the indigent and the impoverished.
The courts are generally keen to protect litigants in person from disadvantage and have acknowledged the diffi culties
for litigants representing themselves.
Our familiarity with the local rules and procedures of the Rocket Docket, make DiMuroGinsberg the ideal choice as local counsel or lead
counsel for litigants unfamiliar with the efficiency and practices of this unique federal court.
Only the Supreme Court itself could reverse that decision and it is unlikely they would ever have an opportunity to do so - there is no
future for litigants who try to argue on the basis of an unconstitutional law.
On the other hand, there are others who
advocate for litigant preparation in that such consultation can result in very powerful parental education which can ultimately decrease conflict between parents and benefit the child.
When a case settles later than it could have, or a case that should have settled goes to trial, there are costs and
consequences for both litigants and society as a whole, and the reputation of counsel may suffer.
«It is too
easy for litigants to forget that their actions, focused as they are on advancing their own interests, are seen by the public through the lens of confidence in the administration of justice.
We think we should make it plain that it is wholly
inappropriate for litigants or their lawyers to take advantage of mistakes made by opposing parties in the hope that relief from sanctions will be denied and that they will obtain a windfall strike out or other litigation advantage.