Sentences with phrase «litigants do»

Litigants do not get multiple opportunities to present their case.

The discovery rules include deadlines for answering requests and procedures for resolving conflicts when litigants do not produce all that is asked of them.

This flexibility also makes the CRT a more affordable venue for pursuing justice, Salter says, as litigants don't need to take time off work, arrange for childcare and more in order to line up at a court registry.

Furthermore, we often forget that some litigants don't want to go to Court because the legal process is, in itself, quite intimidating.

Such litigants require time, patience and the careful and judicious employment of the court's powers; it is not surprising that such litigants do not bring out the best in the judiciary.

And a lot of litigants do get «just» advice — before riding off to tilt at windmills.

The risk of conflation is all the greater because a few of the issues that Justice Rooke describes with OPCA's could be part of the experience of an ordinary self rep.. For example, Justice Rooke refers to the «strategy» of OPCA's «ambushing» the courts with new documentation in the course of proceedings — I know from many interviews that some self represented litigants do this completely unintentionally because they do not understand the correct procedure.

Within the traditional areas, approximately two - thirds of family law litigants do not use lawyers.

Community Legal Services has to turn away about two - thirds of those who request help, he said, either because the litigants do not qualify based on their income or because the organization lacks the funds and staff to help them.

In an environment where a substantial proportion of litigants do not or can not retain lawyers to represent them, access to justice demands that the court modify its Rules to eliminate the image of lawyers as gatekeepers of the courts.

«Even those who are sympathetic to the plight of self - represented litigants don't have a hands - on experience of what it's like from their perspective,» she says.

Litigants don't choose to represent themselves.

http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf Among their findings was: In some types of matters unrepresented litigants do not obtain results as favorable as...

Financially disadvantaged litigants do not have the resources and oftentimes, have to settle compromising significant rights.

Litigants do it.

Most pro se litigants don't handle lawyers or their own cases.

Professor Macfarlane has carefully researched and thoughtfully written about the reality that most family law litigants don't use lawyers.

When cases involving self - represented litigants do reach trial, they tend to require more adjournments and take longer to resolve as a result of self - represented litigants» unfamiliarity with the rules of court, the rules of evidence and the law that applies to their cases, and the results self - represented litigants achieve tend to be worse than the results they would have achieved had they had counsel.

A Lawyer's Weekly interview dated March 1, 2013, of Federal Court Chief Justice Paul Crampton states that 20 to 25 percent of Federal Court litigants do not have lawyers.

If banning ODR is warranted because 13 % of litigants do not own a computer, then should we not bar lawyers from pleading since the percentage of unrepresented litigants is more than four times higher than the number of individuals on the wrong side of the digital divide?

Research on self - represented litigants does not appear to be a priority elsewhere across the country.

Is the current law of civil contempt applicable to self - represented litigants or is there a different standard that applies when a litigant does not have the benefit of representation by a lawyer?

A pro se litigant doesn't let his finances keep him from suing an insurer.

In 1998 the Boston Bar Association Task Force on Unrepresented Litigants did a detailed study on this subject entitled Report on Pro Se Litigants.

If we do, we will be subject to complaints through the Law Society of British Columbia which says that no matter what the litigant does to us, if we say or do anything personal in response, we will risk being disciplined and sometimes involved for months and years with the Law Society which is extremely stressful and draining at points.

«It has for many decades been accepted that a successful litigant does not recover all of his own costs from the other side.

At present, a self - represented litigant does not have a clearly defined right to recover costs for their time.

This third stage prevented several public interest suits from advancing, even when private litigants did not exist or were unwilling to launch a case personally.

A civil litigant does not.

However, if special care is taken to assure that the aid accurately represents the object, and the litigant does not seek to embellish or push the envelope, such objections can be overcome.

Not exact matches

It does depend whether your jurisdiction has a «no prospect of success» or an «improper motive» - style vexatious litigant code.

For over two years scores of litigants have been challenging the HHS mandate, which forces nearly all non-grandfathered employee health plans to change their terms, if they do not already cover sterilization, contraception, and abortifacient pharmaceuticals as «free preventive care» for female employees and dependents.

Aside the frustration inherent in this practice and the inconveniences that one has to go through when litigating in courts in Ghana, another litigant said, «you are forced to pay additional money to the registrars to build a new file for you... you don't have an option than to succumb to their demands.

Dr Michael E Mann, serial litigant and Mustafa Prize winner, has a new column out, as he does every couple of days, called «Why Global Warming Will Cross a Dangerous Threshold in 2036».

«If you look on the websites of these jurisdictions, you will see they have done reports on sea level rise and adaptation planning,» said Sean Hecht, a UCLA law professor who is advising some of the litigants.

It does mean, however, that potential litigants will need to frame their cases in a way that raises clear legal questions.

(para 99 of her Opinion) This presumes that Article 47 CFR does not add anything to litigants» rights to an effective remedy predating the entry into force of the Lisbon Treaty.

Professor Blankley starts with a very helpful analysis of the challenge of the self - represented litigant (the «pro se problem») and concludes, as we have in Canada, that «many people who want representation simply do not have access to attorney services.»

Lawyers and litigants surveyed in the literature also reported very high rates of satisfaction with early neutral evaluation programs, as did the evaluators surveyed.

The part that doesn't make sense to me about the Financial Post article is how the Romanian company obtained access to the litigant's full name given that initials were apparently used in the proceedings.

Bob Ambrogi has good news for everyday litigants with this post: You don't have to be an Enron defendant to afford a mock jury.

Litigants should not be allowed to wait until a verdict has been rendered to perform a Case.net [state online database similar to PACER] search for jurors» prior litigation history when, in many instances, the search also could have been done in the final stages of jury selection or after the jury was selected but prior to the jury being empanelled.

In other words, judges would presumably be more inclined to use their discretion to protect litigants» (and other participants») privacy if doing so would not be regarded as sacrificing openness or transparency but rather as a facilitator of access and enabler of court control over its records.

Julie Macfarlane at Windsor Law has done excellent work with her National Self - Represented Litigants Project.

Bar associations requiring extensive disclosure have decided the accountability of «fly - by - night» ghostwriters outweighs the desire for anonymity due to the preferences of pro se litigants or of ghostwriters who do not want to have their identity attached to a document when there is no guarantee how the litigant will actually use it in court.

If the average ante for a suit were $ 2 million, but the average recovery facing the litigants were $ 50 million, that doesn't sound like an exorbitant transaction cost or a paltry return on investment.

«We are being asked to do more work than ever to prepare for hearings, and during hearings; and we must also bear the brunt of the added difficulties presented and experienced by litigants in person, often in very stressful circumstances, and — in family cases — by the added strains on local authority budgets.»

A few years ago I was doing some work for a professional association on guidelines for dealing with litigants without counsel and I was struck by the extent to which some legal professionals regard litigants without counsel as interlopers who gum up the finely tuned, well - oiled machine that is their justice system.

But the court did not let go of the matter without first letting the litigants know its distaste for the fees requested.

It is widely accepted that many people with serious civil justice problems do not have access to the courts and thus do not appear as un-represented litigants.