Litigation plays a crucial role in Civil Procedure Law by avoiding duplicate trials of the same case, ensuring consistent decisions, and enhancing the judiciary’s effectiveness.
This article will examine the key elements of legal action, including its definition and practical consequences, to grasp how this process enhances the courts’ legal reliability and effectiveness.
If you wish to enhance your understanding of this subject and grasp its significance in legal proceedings, keep reading!
What does the term Litispendance refer to?
Litigation is a legal process that happens when two or more identical cases are being pursued at the same time.
This procedural identity is defined by the involvement of identical parties, the same legal basis, and the same request.
The institute’s goal is to prevent contradictory rulings and enhance procedural efficiency to improve the judicial system.
Claims stated in the Civil Procedure Code
The legal concept of litispendency can be found in Article 337, section VI, of the Civil Procedure Code (CPC).
Before addressing the substance of the matter, the defendant must assert according to Article 337 of the Civil Procedure Code.
VI – pending lawsuit.
The device indicates that the defendant can argue the presence of a similar case, leading to the dismissal of the current case without a proper resolution.
The basis of this rule is to prevent unnecessary repetition of procedures, ensuring quickness and legal assurance.
To learn more about initial defenses and CPC article 337, refer to our comprehensive article.
Impact of pending litigation on the proceedings
The primary consequence of litispendency is the termination of the duplicate legal proceedings without a judgment on the merits.
Once the repetition of a claim is identified, the judge must dismiss the latest case to prevent conflicting decisions and maintain the effectiveness of the judicial system.
The deceitful behavior restricts the ability to seek legal redress for repeated cases, preventing parties from filing new lawsuits on the same matter while the initial case is ongoing.
Who is eligible to assert independence?
Multiple parties involved in a legal proceeding may seek litigation.
Accused
- The defendant is primarily interested in seeking independence because it could result in one of the cases against him being dismissed, thus saving him from having to defend himself in two identical proceedings.
- The defendant can raise an initial objection before presenting their defense.
Writer:
- The author can also argue litispendency in rare cases when they have filed two identical lawsuits or were unaware of the first lawsuit.
Third Party Interested
- A third party with a legal interest in the case can assert the doctrine of lis pendens if it could adversely affect them.
Judge: Magistrate
- The Judge can also recognize the lawsuit’s existence, even if none of the parties have mentioned it.
- The judge notices a repetition of actions involving the same object when reviewing the current procedures.
Read our article about the initial Tutela prerequisites.
Difference between lis pendens and res judicata.
Litigation and the judgment are essential elements in procedural law, although they operate at separate stages and produce distinct outcomes.
Shall we collectively comprehend this distinction?
The situation of litispendency occurs when a legal process is already in progress, preventing a similar one from being started.
It serves as a “brake” to avoid the same conflict being talked about at the same time in multiple locations.
The judicial decision becomes final and indisputable once the process is completed, and then it enters the scene.
Litispendency serves as a preventative measure throughout the legal proceedings, but the ultimate focus is on the final outcome that solidifies the legal status.
Difference among litispendency, peremption, joinder, and consolidation
Litigation happens when a legal case is put on hold because a similar case is already being dealt with by the court.
Other ideas, like expiration, connection, and consistency, can also impact the processing of processes.
Expiration
Peremption happens when the author neglects the action or allows it to expire due to inactivity three times without explanation.
This could result in the process becoming extinct and hindering any further action on the same issue.
Link
The connection arises when multiple actions stem from the same request and cause for requesting, as stated in Article 55 of the CPC.
This scenario may result in the meeting of the processes for a shared decision-making, preventing contradictory judgments.
Restraint
Continence happens when there is a match between the parties and the issues raised in different legal proceedings, but with distinct claims.
In this situation, the more thorough procedure can encompass the less thorough one to prevent conflicting judgments.
Exception of Lawsuits in Criminal Proceedings
In Criminal Procedure, litispendency is acknowledged as the “exception of litispendency”.
When a person is dealt with in two different proceedings for the same matter under legal authority, this situation arises.
This obstacle is closely connected to the principle of non bis in idem, which guarantees that an individual cannot be tried or penalized multiple times for the same offense.
This principle is designed to guarantee legal clarity, prevent contradictory rulings, and safeguard individuals from being repeatedly pursued in court.
Learn more about: The Revision of the Civil Code
How to handle litispendency?
When litispendency is detected, it is crucial to address it effectively and in compliance with legal boundaries.
It is crucial to understand the necessary actions to prevent harm and maintain legal certainty. Shall we proceed in a systematic manner?
- Identify Litispendency by confirming the presence of ongoing litigation involving the same parties, request, and cause of action in multiple processes.
- Notify the judge about another similar case by submitting a petition detailing the situation and including information about the other proceeding.
- Submit supporting documents when combining files, such as a copy of the original document and citation order.
- The judge will assess the request and determine which of the procedures will continue, typically leading to the dismissal of the second process without a resolution on its merits, leaving only the first process.
- Monitor the development of the procedure to guarantee that the litigation decision is carried out.
Clairvoyance to Ensure Effectiveness and Safety in the Judiciary
Litigation is a fundamental aspect of procedural law, guaranteeing the smooth and effective functioning of the judicial system.
This institute ensures the efficiency and cost-effectiveness by preventing conflicting processes and decisions, thereby safeguarding the rights of all parties involved.
Litispendency is seen as a crucial tool in streamlining legal proceedings and ensuring efficient and coherent delivery of justice, particularly in situations where court backlogs are prevalent.
Applying it correctly, whether in civil or criminal cases, strengthens the legal principles of certainty and fair process.
Understanding and implementing litispendency is more than just a technical matter; it is a dedication to upholding justice and safeguarding the rights of all individuals. Lawyers and legislators enhance the fairness, efficiency, and dependability of the judicial system by grasping this concept.
What are the defining features of litispendency?
Identical judicial actions occur when multiple actions are filed involving the same parties, request, and cause of action.
What should be done if there is a pending lawsuit?
In the event of a legal dispute, specify the issue, notify the judge through a basic request, and provide evidence of any other ongoing cases.
The judge will review and decide which process should proceed, usually extinguishing the second. Follow the progress to ensure that the decision is fulfilled.
When should litispendency be requested?
Litigation is necessary when two simultaneous processes involve the same parties, the same claim, and the same grounds for the claim.
When does litispendance apply?
Litispendency occurs when there are multiple ongoing identical legal actions involving the same parties and claims, leading to the termination of the later case without a decision on the merits, as stated in Article 337, §3 of the Civil Procedure Code.
What are the outcomes of a pending lawsuit?
Litigation arises as the primary outcome when the latest procedure ends without a decision on the merits, as stated in Article 337, §3 of the CPC.
