Sentences with phrase «when litigants»

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

«When litigants get too far down the litigation road, [they] get fairly entrenched in their position.»

I'm not sure how to fix the government - run judice system, so I'm criticizing without an all encompassing solution, but when litigants have to wait 9 months for a motion date and when lawyers have to waste a full day in court just waiting to be heard, something is obviously broken.

When litigants integrate data and models with decision sciences research showing how psychological biases and heuristics lead to suboptimal results, they acquire new and valuable tools to assess their alternatives.

Moore was retained by the Alberta government when litigants from Saskatchewan started using the same arguments as the Comeau defence team to challenge subsidies that the Alberta Gaming and Liquor Commission provides to craft breweries in the province, arguing that they were tantamount to trade barriers and were forbidden under the new and expanded (or old and revived, depending on your view) version of section 121 espoused in Judge LeBlanc's decision.

These studies confirm and quantify what we know intuitively: people (including umpires, judges, litigants, and others) make mistakes and when litigants are wrong, sometimes they are very wrong.

I've also written about the how the chances of settlement improve when individuals» expectations as to outcome lie within the range of likely results and how the chances of settlement correspondingly diminish when litigants have unrealistically high expectations, and will say no more on the matter.

Litigants face many hurdles to making sure that all of their electronic data has been reviewed for discoverable material, which is exponentially more difficult when the litigants are corporations.

There will be times when litigants or opposite parties to a transaction may benefit from discussing issues without their lawyers present.»

Mark Solon highlights the potential pitfalls when litigants in person instruct expert witnesses

«When litigants hear something they don't want to hear, they can take matters into their own hands,» she says, adding, «We have some brave lawyers in our community.»

[10] Unfortunately one of the problems when a litigant represents herself is a lack of objectivity.

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?

Thus Lord Loreburn LC in Brown v Dean [1910] AC 373 [at 374]: «When a litigant has obtained a judgment in a court of justice... he is by law entitled not to be deprived of that judgment without very solid grounds.»

When a litigant felt their case was on the wrong tier, he or she could file a motion to have it removed to a different tier.

Although we generally associate the challenging of a judge's ruling with part of the appeals process, there are many instances when a litigant may request a judge to reconsider his or her own decision.

Family lawyers are expected to be objective and never emotional or combative when a litigant repeatedly attacks or even abuses them.

Even though Alphamix concerned a domestic arbitral award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made against them seriously.

But the distinction between regulated access and no access depends to a large extent on the hearing that the litigant receives from the judge when the litigant requests permission.

But, since the Internet is transnational in nature, it remains difficult to see how a single state can offer this type of service to cross-border disputes, especially when neither litigant has any connecting factors (to use the terminology set forth by the Supreme Court to establish competence for online disputes) with said state.

The Equal Access to Justice Act, which provides for fees when a litigant prevails in an action brought by the United States and Section 1988, which provides for fees for prevailing parties in civil rights actions are two of the best known federal fee - shifting statutes.

The Ontario case of Richi v Kakaoutis 2011 Carswell 14616 is an example of what procedure was followed in Ontario when a litigant became mentally ill, requiring a litigation guardian to be appointed to represent his interests because he was incapable.

Not exact matches

James Blumstein, a professor of law and the director of the Vanderbilt Health Policy Center, explains that if Brown had standing when she filed suit — originally — that's what matters most, since the NFIB, which is an institutional litigant, has members who are in similar circumstances as Brown.

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.

If the Ed Trust proposal imprudently invites lawsuits from aggrieved parents on a few specific topics, it appears quite restrained when compared to the superhighway to the courtroom concocted by the No Child Left Behind Commission, which offers an unlimited array of statutory language to an unlimited universe of potential litigants.

There's less need to destroy (or avoid making) records when the government limits how much exposure a wrongdoer faces from individual litigants, as in Europe, so less pressure to, say, «simplify» laws by removing requirements to document at all.

The working group will need to consider whether such settlements should be recorded as memoranda of understanding, written agreements or consent orders, and who should be responsible for preparing the record, particularly when one or more litigants are self - represented.

When the justice system is splitting at the seams, students can't find jobs, unrepresented litigants are clogging courts and new competitors are emerging to eat lawyers» lunches, the law society focuses on civility.

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.

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.

At 3 Geeks and a Law Blog, the commenters seem to think that, while it might not amount to racketeering, a litigant has a legitimate complaint when forced to use a particular private vendor for such services, at extra cost.

Here's something that voters somehow overlooked when casting their ballots in the EU referendum last year: the impact the subsequently falling pound would have on costs awards to European litigants.

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.

While, on the whole, litigants are mindful of the court's expectation that they co-operate to narrow costs issues, what happens when only one party engages in the costs budget discussion and the other refuses?

How did they know that otherwise self - represented litigants would pay for the services of a limited license legal technician when they were not willing to pay for the services of an attorney?

More importantly, Reeve made an important step in skills training: he introduced formal moot courts as a part of the Litchfield curriculum, though on an optional basis.53 Initially, the students themselves conducted the moots, though by 1803, when James Gould was teaching at Litchfield, he presided over the arguments.54 The rules Gould imposed for the moots required not only oral argument, but also written argument, because the litigants had to produce writs and pleadings as well.55 Although a far cry from modern legal writing programs, these moot courts at least endeavored to provide some practical training in the production of persuasive writing.56

[20] The 2015 report states that 86 % of family law litigants in Oregon are self - represented and that number was 38 % when the 1992 report was written.

Additionally, there is no time - bound definition of matrimonial property — when a divorce litigant makes disclosure of their assets, they require to list everything they own, including assets owned prior to the marriage, assets acquired after separation, and assets acquired any time by gift or inheritance.

In order for the system to work, such litigants not only need tools, information, assistance and in certain instances a lawyer, but they also need a court management system that identifies when they need help, and gets it to them at that point, otherwise the system clogs up.

[18] «Special circumstances» have been held to include situations where the non-party has engaged in fraudulent conduct, an abuse of process, or gross misconduct in the commencement and / or conduct of the litigation, or when the non-party is the «real litigant»: Anchorage.

It hurts other litigants: for example, when only one party to a matter is represented by counsel, the result is typically a higher legal bill for that party.

Judicial administrators routinely look the other way when judges abuse lawyers, and they certainly don't have much interest in sanctioning judges who abuse self - represented litigants.

All I can say is that I wish I had this book when I was a self - represented litigant.

How would a self - represented litigant be able to defend herself against a lawyer on the other side, when she's ignorant of the skills and tactics lawyers possess?

[45]... when hearing fees deprive litigants of access to the superior courts, they infringe the basic right of citizens to bring their cases to court.

When used properly, these kinds of services can give self - represented litigants the juice we need to get a fair hearing on our cases.

These exceptions are made in the case of contemporaneous medical records that, while subject to being attacked as unreliable by opposing litigants, can speak to pertinent facts for which no other evidence exists; for example, the notes of a chiropractor made during an appointment that occurred prior to a car accident that resulted in a personal injury claim, which shed light on the Plaintiff's condition before the accident when no other available evidence could.

When I was a self - represented litigant, one of the things I feared the most was how to present our case at trial.

I have to confess that when I first read the headline — «Self - represented litigants «treated with contempt» by many judges, study finds» — my heart jumped into my throat.

When handling a case, I should not only focus on contentious issues on the legal relationship itself, but also pay attention to the position and the litigant's fundamental purpose.