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How to delay the legal process: strategies and tactics

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Симиренко Ганна
Симиренко Ганна
Lawyer
Ukraine / Kyiv

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Reading time: 6 minutes Total views: 117
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Publication date: 02.06.2024

Лоер

How to delay the legal process: strategies and tactics


Litigation can last a long time, especially if one of the parties seeks to drag out the legal process. There are various legal strategies that attorneys can use to achieve this goal. In this article, we will look at how to delay the legal process using methods such as protection of dignity, removal of arrest, analysis, representation, participation in a court hearing, defense in court and others.


Strategy 1: Constant requests and requests
One of the most common ways to delay the legal process is to file a large number of motions and requests. A lawyer in court can file a motion for postponing the case, providing additional evidence, calling new witnesses, or conducting additional examinations. This forces the court to spend more time considering each request, which significantly lengthens the duration of the process.


Strategy 2: Request additional evidence and expertise
Analyzing the case and requiring additional examinations is another effective way to delay the court process. A lawyer may insist on the need for additional evidence or expertise, which requires time to conduct and evaluate them. For example, additional documents or expert opinions may be required in cases of arrest removal.


Strategy 3: Use of procedural rights
The procedural rights of the parties in court allow the use of various mechanisms to delay the process. For example, a lawyer can file appeals against intermediate court decisions, challenge the actions or decisions of a higher court, request the removal of judges or prosecutors.Each of these actions requires additional time to consider and make a decision.


Strategy 4: Negotiation and mediation
Representation by a lawyer in court may also include the use of negotiations and mediation as tactics to delay the process. Hiring mediators or organizing lengthy negotiations between the parties can delay the proceedings, as the process of mediation and negotiations is often lengthy and time-consuming.


Strategy 5: Changing lawyers and postponing hearings
Frequent changes of lawyers or requests to postpone court hearings due to the absence of a representative or the need for training by a new lawyer can also significantly affect the duration of the process. The participation of a new lawyer in the court session requires additional time to get acquainted with the case materials, which may cause the session to be postponed.


Strategy 6: Requirement to protect dignity
The requirement to protect the dignity of the party in the case can be used to submit additional statements or motions, which also requires time for consideration by the court. A lawyer can submit statements about offensive statements or actions of the opposing party, which requires additional time for consideration and decision.


Strategy 7: Involvement of additional participants
The involvement of new participants in the case, such as witnesses, experts or third parties, can also delay the legal process. Each new participant needs additional time to prepare and participate in the court session, which increases the duration of the process.


Conclusion
Prolongation of the legal process can be achieved by various legal methods that lawyers use to protect the interests of their clients.The use of motions, additional evidence and examinations, procedural rights, negotiations, changes of counsel, demands for the protection of dignity and the involvement of additional participants are just some of the tactics that can be used. It is important to remember that each of these actions must be justified and comply with legal requirements to ensure effective protection in court.

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