Deterring Dilatory Tactics in Civil Litigation 151 Studia Iuridica Auctoritate Universitatis Pecs Publicata 2013

151 Studia Iuridica Auctoritate Universitatis Pecs Publicata 9 (2013)
Deterring Dilatory Tactics in Civil Litigation

handle is hein.journals/studia151 and id is 9 raw text is: Deterring dilatory tactics in civil litigation
CZOBOLY, GERGELY
ABSTRACT Dilatory tactics are often the main cause of undue delay. To
prevent them, legal systems regardless of time and place have searched for
appropriate solutions. In our opinion, to solve the problem adequately we have
to scrutinize and analyze the whole process leading to the use of dilatory tactics
in detail. Two features should be distinguished: on the one side the intentions of
the parties and their lawyers, and, on the other side, their procedural potential
for causing delay. In our paper we try to prove that, in the absence of one of
these two requirements, dilatory tactics will not be used, and to this end we
have examined both. First, we scrutinized the reasons that may lead the parties
or their representatives to protract the procedure and then we moved to the
other side of the formula to examine how dilatory tactics work and,
consequently, how this could be influenced. In this context we tried to identify
the reasons why such tactics can influence procedure in one country more than
in another.
1. Introduction
Undue delay in litigation can occur for various reasons for example, the
overwhelming caseload of the courts, a lack of human and other resources and
the inappropriate preparation and concentration of trials. Among the reasons,
special attention should be paid to the use of dilatory tactics by the parties and
their lawyers, which can cause significant delays, even in those countries where
the average duration of proceedings is satisfactory. In countries where civil
proceedings are less vulnerable to dilatory tactics, it can also substantially
increase the average duration of proceedings.
I he dilatory behaviour of parties and their lawyers is independent of age and
geographical location, since - in our view - it arises always and everywhere for
identical reasons. In the present study we rely on the assumption that dilatory
tactics are used by the parties and their lawyers only if intent and opportunity
meet. In the absence of either, these tactics are not applied. In cases where
although it could be in the power of the parties to delay the proceedings - they
are not interested in doing so, they will not use such tactics. This is also the case
where the parties or their lawyers are interested in delay, but -because of the
lack of appropriate means in that jurisdiction - they are unable to do so.
Therefore, first we will examine the reasons which lead the parties or their
representatives to prolong proceedings and then we will move on and scrutinize

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