Deterring Dilatory Tactics in Civil Litigation
Deterring Dilatory Tactics in Civil Litigation

Summary/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.

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