Introduction: In within a Reasonable Time - The History of Due and Undue Delay in Civil Litigation
C. H. van Rhee, COMPARATIVE STUDIES IN CONTINENTAL AND ANGLO-AMERICAN LEGAL HISTORY, Vol. 28, pp. 7-33, Berlin: Duncker & Humblot, 2010
24 Pages Posted: 2 Apr 2011
Date Written: March 31, 2011
The present article has been written as an introduction to a volume containing a series of historical essays on delay in civil procedure covering a period of ca. 800 years. The article discusses the problems that the legal historian encounters when distinguishing due delay from undue delay in an historical context. Additionally, it provides an overview and classification of the various types of delay that are discussed by the contributors to the volume. Non-procedural factors causing delay in civil litigation are distinguished from procedural factors. The latter factors are discussed under the following subheadings: Pre-action, Pre-trial, Trial, Closure of Trial until Final Judgment, Recourse against Judgments, Special Procedures and Enforcement.
Keywords: Civil Procedure, Legal History, Due delay, Undue Delay
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