Flashcards in 6: Effectiveness of cicil pre-trial procedures Deck (9)
Fair and Unbiased Hearing Pleading Strength:
In an out-of-court settlement is not possible, pleadings allows parties to gain knowledge of the opposing parties' case so they can better prepare and present their case in court.
Fair and Unbiased Hearing Discovery Strength:
Reduces element of surprise at trial, and each party ill be on an equal footing.
Fair and Unbiased Hearing Pleadings, Discovery and Directions Hearings Weakness:
These pre-trial procedures are very complex, and unrepresented parties can be at a disadvantage
Effective access to the legal system Directions Hearings Strength:
Directions hearings encourages an out-of-court settlement through mediation
Effective access to the legal system Weakness:
The complexity of pre-trial procedures requires the expertise of lawyers, which can be very expensive
Timely Resolution of disputes Pleading and Discovery Strength:
The exchanges of documents can encourage discussion between parties, which could lead to an out-of-court settlement.
Timely Resolution of disputes Directions Hearings Strength:
The court can refer matters to mediation.
Timely Resolution of disputes Directions Hearings Strength 2:
Sets a timetable for future pre-trial procedures so that the matter can efficiently proceed to trial