Delay in civil procedure


Undue delay in litigation can occur for various reasons; among these, special attention should be paid to the use of dilatory tactics by the parties and their lawyers, which are capable of causing significant delay, even in those countries, where the average duration of proceedings is acceptable. In countries where the civil procedures are less vulnerable to dilatory tactics, the delaying behavior of the parties can also substantially increase the average duration of the procedures. Therefore reforms often try to hinder them by introduction of new procedural devices. The comparison of them enables us to scrutinize the existing and explore new solutions.

This research group aims to examine those procedural tools, which are used to deter dilatory tactics. On one hand dilatory techniques of the parties and their lawyers will be explored and the reasons that some civil procedures less vulnerable to dilatory tactics while others are more so will be scrutinized. On the other, it the ways that legislators encourage parties and lawyers to avoid using these techniques will be examined.

The comparative studies will be carried out using national reports of the researchers involved in the research. The results of the research will be presented at an international conference.

The research is financed by the Ministry of Public Administration and Justice for the 2013-2014 period.

Project participants: Mátyás Bencze  (MTA TK JTI), Gergely Czoboly (MTA TK JTI),  György Gajduschek (MTA TK JTI), Osztovits András (MTA TK JTI), Szalai Ákos (MTA TK JTI).

Final Report (HU)