Court system Describe the general organisation of the court system for civil litigation.
The legal profession Describe the general organisation of the legal profession.
General Give a brief overview of the political and social background as it relates to civil litigation.
Jurisdiction and venue What are the criteria for determining the jurisdiction and venue of the competent court for a civil matter?
Forum shopping Does your jurisdiction commonly attract disputes that have a nexus with other jurisdictions?
Pendency in another forum How will a court treat a request to hear a dispute that is already pending before another forum?
Deference to arbitration How will the courts treat a dispute that is, or could be, subject to an arbitration clause or an agreement to arbitrate?
Judicial review of arbitral awards on jurisdiction May courts in your country review arbitral awards on jurisdiction?
Anti-suit injunctions Are anti-suit injunctions available?
Sovereign immunity Which entities are immune from being sued in your jurisdiction? In what circumstances?
Commencement and conduct of proceedings in general How are proceedings commenced? To what extent will a court actively lead the proceedings and to what extent will the court rely on the parties to further the proceedings?
Statement of claim What are the requirements for filing a claim? What is the pleading standard?
Statement of defence What are the requirements for answering claims? What is the pleading standard?
Further briefs and submissions What are the rules regarding further briefs and submissions?
Publicity To what degree are civil proceedings made public?
Pretrial settlement and ADR
Advice and settlement proposals Will a court render (interim) assessments about any factual or legal issues in dispute? What role and approach do courts typically take regarding settlement? Are there mandatory settlement conferences between the parties at the outset of or during the litigation?
Mediation Is referral to mediation or another form of ADR an option, or even mandatory, before or during the litigation?
Forms of interim relief What are the forms of emergency or interim relief?
Obtaining relief What must a petitioner show to obtain interim relief?
Types of decisions What types of decisions (other than interim relief) may a court render in civil matters?
Timing of decisions At what stage of the proceedings may a court render a decision? Are motions to dismiss and summary judgment available?
Default judgment Under which circumstances will a default judgment be rendered?
Duration of proceedings How long does it typically take a court of first instance to render a decision?
Third parties joinder, third-party notice, intervenors How can third parties become involved in proceedings?
Taking and adducing evidence Will a court take or initiate the taking of evidence or will it rely on the parties to request the taking of evidence and to present it?
Disclosure Is an opponent obliged to produce evidence that is harmful to it in the proceedings? Is there a document disclosure procedure in place? What are the consequences if evidence is not produced by a party?
Witnesses of fact Please describe the key characteristics of witness evidence in your jurisdiction.
Expert witnesses Who appoints expert witnesses? What is the role of experts?
Party witnesses Can parties to proceedings (or a partys directors and officers in the case of a legal person) act as witnesses? Can the court draw negative inferences from a partys failure to testify or act as a witness?
Foreign law and documentation How is foreign law or foreign-language documentation introduced into the proceedings and considered by the courts?
Standard of proof What standard of proof applies in civil litigation? Are there different standards for different issues?
Options for appeal What are the possibilities to appeal a judicial decision? How many levels of appeal are there?
Standard of review What aspects of a lower courts' decisions will an appeals court review and by what standards?
Duration of appellate proceedings How long does it usually take to obtain an appellate decision?
Class actions Are class actions available?
Derivative actions Are derivative actions available?
Fast-track proceedings Are fast-track proceedings available?
Foreign-language proceedings Is it possible to conduct proceedings in a foreign language?
Effects of judgement and enforcement
Effects of a judgment What legal effects does a judgment have?
Enforcement procedure What are the procedures and options for enforcing a domestic judgment?
Enforcement of foreign judgments Under what circumstances will a foreign judgment be enforced in your jurisdiction?
Costs Will the successful partys costs be borne by the opponent?
Legal aid May a party apply for legal aid to finance court proceedings? What other options are available for parties who may not be able to afford litigation?
Contingency fees Are contingency fee arrangements permissible? Are they commonly used?
Third-party funding Is third-party funding allowed in your jurisdiction?
Fee scales Are there fee scales lawyers must follow? Are there upper or lower limits for fees charged by lawyers in your jurisdiction?