case management powers - judge/magistrate Flashcards
definition
the ability of a judge or magistrate to make orders and provide directions to the parties about the proceedings, with the aim of ensuring justice is delivered efficiently
non compliance of parties may =
- judges dismissing the plaintiffs claim
- judges dismissing the defendants defence, and finding the case in favour of the plaintiff
- judges rejecting any evidence the parties with to present
- judges ordering an adverse cost order
judicial powers
- direct parties to attend directions hearings
- direct parties to attend mediation
- give directions relating to discovery
- determine deadlines
- control the trial or hearing process
direct parties to attend directiosn hearings
directions hearings allow a court to take an active role in the conduct of proceedings
the function of a directions hearing is to establish a timeframe for the proceeding and include instructions regarding evidence, mediation, and trial dates
direct parties to attend mediation
if a judge or magistrate believes a case could be settled out of court through mediation, they have the power to order parties to attend
failure to attend judge-ordered mediation may result in a fine from the court
control trial or hearing processes
the judge and magistrate can direct the order and timeframe in which evidence is presented by each party
they can also issue orders to regulate the conduct of the trial or hearing including limits on the number of witnesses and length of opening statements
discovery
a judge or magistrate can impose obligations on parties in relation to discovery, which is an order to provide evidence or documents relevant to the issue in dispute, to the other party
determine deadlines
the judge or magistrate can set deadlines for the parties to submit documents or evidence, such as witness statements or expert reports, to ensure the trial proceeds in an organised and timely manner
