By Laura Ervo, Anna Nylund
This booklet explores the rules, objectives and functioning of preparatory court cases in 4 Nordic international locations and 8 former communist international locations. The contributions speak about no matter if, and the way the law and perform of preparatory complaints increase fast civil justice that's either low-cost and has caliber results. A imperative query is whether or not the most listening to version of civil justice, during which preclusion of recent proof and claims ensue on the finish of the preparatory degree, leads to better potency, or no matter if the functioning of civil complaints principally is dependent upon different components. It additionally examines law and use of court-connected mediation and judicial cost efforts. This booklet bargains comparative insights into the functioning of the preparatory civil court cases within the nations covered.
Preparatory court cases are thought of a key instrument for attaining effective civil complaints. The claims and real history of the case are clarified at an early degree, and the most listening to is concentrated. Judicial cost efforts and court-connected mediation give a contribution to early answer of circumstances, and are very important components of Nordic civil process The Nordic nations have used the most listening to version of civil lawsuits for a few many years, and up to date reforms have extra greater the position of the preparatory degree. Former communist international locations are reforming their past piecemeal- structure civil court cases by way of introducing and strengthening written and oral training, in addition to court-connected mediation.
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Additional info for Current Trends in Preparatory Proceedings : A Comparative Study of Nordic and Former Communist Countries
The East-Scandinavian system does not offer the parties significant procedural coercive means to find evidence. 132 Of course, it belongs into attorneys’ duties to seek settlement and negotiate with the opposite party133 at the pre-action phrase but otherwise that stage is not very essential in the East-Scandinavian countries. The Swedish rules on “disclosure” are close to Finnish ones. That is the concept of full disclosure is as yet unknown, but many other rules can be found, which cover the same area and will help in organising the testimony and in finding out the facts beforehand or during the trial including the preparatory stage.
One party may be obliged to pay the portion of the litigation costs of the other party that he or she has brought about through wilful negligence or carelessness whether or not those costs would otherwise be for him/her to pay. 123 The rule covers situations of all other kind where the party has neglected some of his/her procedural duties and is therefore guilty for the delay of proceedings or some other harm to the opposing party. The threat of payment of expenses covers then those situations where the fact or the piece of evidence is not yet precluded but the negligence of a party or counsel causes extra work or waste of time.
89 It is also possible to introduce new pieces of evidence even without the acceptable excuse if 85 The case has to be extraordinary large and complicated if the more than one oral sessions during preparatory proceedings are needed. Lappalainen (2003), p. 791. 86 Lappalainen (2002), p. 16. 87 Chapter 6, Section 9 (FCJP). 88 Leppa¨nen (1998), p. 429. 89 Earlier the standard of proof was in Chapter 6, Section 9 (FCJP) “probable cause” and since 2003 the new piece of evidence has been allowed according to the same Section if the court “may assume” that he or she had an acceptable excuse.
Current Trends in Preparatory Proceedings : A Comparative Study of Nordic and Former Communist Countries by Laura Ervo, Anna Nylund