By Laura Ervo, Anna Nylund
This publication explores the laws, objectives and functioning of preparatory court cases in 4 Nordic international locations and 8 former communist nations. The contributions speak about even if, and the way the law and perform of preparatory court cases improve speedy civil justice that's either reasonably cheap and has caliber results. A critical query is whether or not the most listening to version of civil justice, during which preclusion of latest facts and claims take place on the finish of the preparatory degree, ends up in larger potency, or no matter if the functioning of civil lawsuits principally is dependent upon different components. It additionally examines law and use of court-connected mediation and judicial cost efforts. This publication bargains comparative insights into the functioning of the preparatory civil lawsuits within the nations covered.
Preparatory complaints are thought of a key device for reaching effective civil court cases. The claims and real history of the case are clarified at an early degree, and the most listening to is targeted. Judicial cost efforts and court-connected mediation give a contribution to early answer of instances, and are vital parts of Nordic civil process The Nordic international locations have used the most listening to version of civil lawsuits for a few a long time, and up to date reforms have extra superior the position of the preparatory level. Former communist international locations are reforming their past piecemeal- layout civil lawsuits by means of introducing and strengthening written and oral practise, in addition to court-connected mediation.
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Additional resources for Current Trends in Preparatory Proceedings : A Comparative Study of Nordic and Former Communist Countries
According to the Swedish Code of Judicial Procedure, even the preparation as a whole can be written. 70 During the preparatory stage, the court makes also the schedule that will help both parties and the court to make their own timetables and to prepare the case well in time. In large and complicated cases, the court may even use the list on current questions and themes clarified in the case. 71 The meaning of the schedule has been made more important with the amendment of Chapter 42, Section 6 (SCJP).
The main reason behind this policy is the need to be effective to save public resources especially now when states struggle in economic crisis even in the North Europe. The purpose of the preparatory proceedings is to bring the case to such a state of readiness that it can be decided upon in an unbroken sequence at the oral main hearing. Therefore, the aim is to ensure that the facts relied upon by each of the parties are made sufficiently clear to permit the other party to determine if and to what extent it is necessary for him or her to adduce evidence in support of the case.
79, where they personally recommend that the lack of an attorney would not to be a reason for more effective substantive procedural guidance. The substantive procedural guidance has also seen as one of the most important tools to make the proceedings effective. Brolin et al. (1997), p. 78. 65 Chapter 42, Section 17 (SCJP). 66 Chapter 42, Section 9 (SCJP). 67 Chapter 42, Section 9 (SCJP). 68 Arg. Lundblad (1990), p. 150. 63 32 L. Ervo not very high, the presumption is that the court will prefer the written preparation.
Current Trends in Preparatory Proceedings : A Comparative Study of Nordic and Former Communist Countries by Laura Ervo, Anna Nylund