Litigation in Victoria, Australia

When I do attend the County Court or Supreme Court (not a tribunal) in person, only robes are required (no wigs except in exceptional circumstances), and even then, only for substantive hearings (such as trial) for the practitioner addressing the court and not the practitioner instructing the addressing practitioner.

Comments on Recent Cases: October 2020

When drafting agreements, parties should be aware of what kind of procedures are available to enforce the agreement and, if an expedited procedure is preferable, draft the agreement accordingly. They should also only file for summary judgment in lieu of complaint if the debt meets the applicable criteria.

Litigation in Ethiopia

The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which they intend to rely. They must also list down the details thereof, including the names and address of the witnesses, while filing their statement of claim or statement of defense in the court.

Courtesies to Adversaries

The client may believe that, if her lawyer says “too bad” to an adversary who is about to go off on vacation and therefore cannot respond to a complaint, the lawyer may be doing justice by helping her win quickly and cheaply. But the truth is that the opposing counsel will likely be able to ask the court for an extension anyway and then be less willing to give extensions in return when the client’s counsel wants them. It’s a lose-lose situation.

More Details on Discovery and Trials in China

Unlike the U.S., there is no evidence discovery system in China. In principle, parties should bear the burden of proof for their claims/defenses and arguments in lawsuits. As a result, plaintiffs usually initiate lawsuits when they believe they have enough evidence to win.

Comments on Recent Cases: September 2020

Arbitration is traditionally considered to be a cheaper alternative to court litigation. But its filing fees are often much higher than court equivalents, and the lack of published decisions often makes arbitration difficult to navigate.

Specialized Commercial Courts

Sophisticated businesses often agree to resolve their disputes through private arbitration instead of by going to court. Arbitration has numerous advantages, such as being confidential instead of public and being generally less expensive. But another advantage is that the parties can provide input on the selection of their arbitrator and thus can select an arbitrator and a forum that is well-suited for commercial disputes.

Litigation in Mexico

In Mexico City, I estimate that it takes an average of a year to a year and a half to get a decision from the lower court. But I had a case that took ten years to get a judgment from the lower court and I have also had cases that proceeded to judgment in two months.

Litigation in Peru

We introduce evidence with the complaint and the judge determines whether evidence is useful to clarify the controversy and prove the facts. The testimony of the witness is “offered” in the complaint and, if the judge admits it, then you will be asked to interview him or her at a hearing called an audiencia de pruebas.

The First Steps in How Document Productions Get Made

How does someone take thousands of emails and decide which get produced? And are there a bunch of complicated rules and procedures that would surprise someone who doesn’t do this all the time? The answers are “a variety of ways” and “yes.”

Comments on Recent Cases: August 2020

In a recent decision, an appellate court in Manhattan reversed the dismissal of a lawsuit based on a contract with no written end date. It held that, to determine whether the contract is still in effect, the parties needed to present evidence of how long the parties originally intended the contract to last and whether the defendant is still receiving a meaningful benefit from it.

Litigation in Russia

At the first instance, a judge hears a case alone. The procedural rules provide that a party can request the dispute be considered by a panel consisting of one professional judge and two so-called arbitrazh assessors, who are people with specific knowledge in certain areas of economics, finance and management. But judges actually appoint arbitrazh assessors only in very rare cases.