Raziskava prakse določanja rokov za opravo procesnih dejanj po 286.a členu ZPP in vpliva dolžine določenih rokov na nadaljnji postopek

slovenian

2014

volume 40, issue 1

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The online survey research conducted on the entire population of Slovenian attorneys-at-law found the court in almost half of the cases before the major trial case calls clients to deliver procedural materials for the needs of the process, and sets the deadlines which the attorneys-at-law describe as being at least occasionally too short and that require a lot of effort to carry out an act within the set timeframe. Set deadlines are usually not adapted to the specific case. Attorneys-at-law estimate that tight deadlines are an obstacle to achieve the desired effects, such as speed up the process, delivering of comprehensive pleading and evidence material, to make subsequent work during the hearings easier and to promote the activity of lawyers in the process. They also cause some undesired side effects, in particular the increasing number of applications communicated in the proceedings, the claims grow and the records get thicker, that the parties' pleadings are of poor quality and lack elaboration, and very important create tensions with attorneys-at-law which are then transferred to their subsequent proceedings. The author inquires whether the nature of judicial work enables the perfect use of provision in Article 286(3) of the Civil Procedure Act, and he deals with the practical aspects of the problems which are related to the setting of tight deadlines by the court, and the implementation of process activities imposed by the attorneys-at-law.

18.01.2017