Chapter
C. H. VAN RHEE: Introduction
II. Due and Undue Delay: A Definition
III. Causes of Undue Delay
1. Non-Procedural Factors
d) Closure of Trial until Final Judgment
e) Recourse against Judgments
M. ASCHERI: Between Statutory Law and Learned Law: Delay in the Early History of the Medieval Italian Communes (and Beyond)
1. Before the Ius Commune
2. From the Second Half of Twelfth Century Onwards: a New Complexity
3. A Glance at the Communal World
1. The Regulation of Contumacia
2. Exclusion of Other Jurisdictions
4. Instrumentum Guarentigiatum (Guaranteed Deed)
8. The Radical Solution: The Refusal to Apply the Ius Commune
III. The Realm of Contradiction
P. BRAND: ‘To None Will We Sell, to None Will We Deny or Delay Right or Justice’: Expedition and Delay in Civil Proceedings in the English Medieval Royal Courts
II. Court Organisation and ‘Court Staff’
III. The Pre-Action Stage
1. The Oral Pleading Stage
VI. From Closure of Trial to Final Judgment
VII. Recourse against Judgments
R. H. HELMHOLZ: Due and Undue Delay in the English Ecclesiastical Courts (ca. 1300 – 1600)
III. Pre-Trial Proceedings
VI. Enforcement of Sentences
K. W. NÖRR: Verzögert oder beschleunigt: das Beispiel des römisch-kanonischen Prozessrechts
II. Das vorbereitende Verfahren, oder Verfahren bis zur Litiskontestation
III. Das Verfahren im engeren Sinn: von der Litiskontestation zum Endurteil
A. M. J. A. BERKVENS: The Reform of Civil Procedure in the Rhine-Prussian Provinces: The Example of Prussian Gueldres 1713–1786
II. The Procedural Law of Gueldres in the Seventeenth Century
III. The Codex Fridericianus and the 1752 Ordinance for Gueldres
IV. Inspection of the Subaltern Judiciary and the 1779 Ordinance for the Lower Benches in Prussian Gueldres
V. The 1781 Corpus Iuris Fridericianum and the 1786 Ordinances for the Lower Benches and for the Sovereign Court of the Duchy of Gueldres
1. The 1786 Regulation for the Lower Benches
2. The 1786 Regulation for the Sovereign Court
J. FINLAY: The History of Delay in Civil Procedure at the Scottish Court of Session (1600 – 1830)
II. Court Organisation and Court Staff
1. Commencement of the Action
2. The Taking of Evidence
VI. From the Closure of the Trial Until Final Judgment
X. Measures to Abbreviate the Procedure: Their Success or Lack of Success
A. M. GODFREY: Procedural Delay, Appeal and Advocation in the Court of Session in Sixteenth-Century Scotland
1. Recognition of Delay as a Problem
2. The Prevalence of Delay
II. Court Organisation and ‘Court Staff’
III. Pre-Action/Pre-Filing
3. Failure of Witnesses to Compear
4. Examination of Witnesses
VI. From the Closure of the Trial until Final Judgment
VII. Recourse against Judgments
2. Taking of Evidence in a Foreign Jurisdiction
III. 19th and 20th Centuries
J. BLACKIE: Delay and Its Control in Mid to Late Nineteenth Century Scottish Civil Procedure
II. Length of Time Actually Taken
III. The Human Resources Question – Popular Judges and Advocates
IV. Timetables and Rules Allowing them not to Be Followed
1. Written Pleading Giving Fair Notice of the Remedy Asked for, the Facts to Be Relied on, and the Basic Legal Grounds
2. Debates on Points of Law, and the Move to Orality
VI. Control of Delay in Procedure for Proof of Facts
1. Cases Proceeding for Jury Trial
2. Cases Proceeding for ‘Proof’ before a Judge without a Jury
1. Appeals before a Case Came to Jury Trial
2. Appeals before a Case Came to Proof of Facts before a Single Judge without a Jury
3. Appeal to the House of Lords – A Source of Delay?
W. H. BRYSON: The Code of Virginia of 1849
2. Public Offices as Private Property
II. Pre-Action/Pre-Filing
3. Actions for Breach of Contract
4. Actions for Ejectment from Land
5. Declaratory Judgments and Decrees
V. From the Closure of the Trial until Final Judgment
VI. Recourse against Judgments
VIII. Enforcement of Judgments
S. FOCKEDEY: Reducing Undue Delay in Nineteenth Century Belgium: a Sisyphean Task
II. Undue Delay: Definition and Policy
b) Undue Delay Defined by Nineteenth Century Policymakers
c) Civil Procedure and Criminal Procedure
a) The Secretary of Justice
III. Undue Delay in Nineteenth Century Belgium: A Real Problem?
1. A Local and Limited Problem
IV. Reducing Undue Delay in Nineteenth Century Belgium: A Pragmatic Approach
1. A Large Number of Judicial Appointments
2. Extending the Subject-Matter Jurisdiction of the Lower Courts
3. There is No Real Substitute for Hard Work
1. An Overhaul of Civil Procedure Fails
2. No Transition to ‘Le Juge Unique’, No Rationalisation of the Judicial System
T. P. GALLANIS: Victorian Reform of Civil Litigation in the Superior Courts of Common Law
II. Civil Litigation in the Superior Courts of Common Law at the Beginning of Victoria’s Reign (1837)
1. Court Organisation and ‘Court Staff’
5. From the Closure of the Trial Until Final Judgment
6. Recourse Against Judgments
III. Civil Litigation in the Superior Courts of Common Law at the End of Victoria’s Reign (1901)
1. Court Organisation and ‘Court Staff’
5. From the Closure of the Trial Until Final Judgment, and Recourse Against Judgments
IV. Themes and Conclusions
P. OBERHAMMER AND T. DOMEJ: Delay in Austrian Civil Procedure and the Legislator’s Response
1. Franz Klein’s Reform of Civil Procedure and Procedural Delay
2. The Fight against Procedural Delay in the Twentieth Century
II. Court Organisation and Court Staff
2. Panels versus Single Judges
3. Counsel Remuneration and Procedural Efficiency
III. ‘Pre-Trial’ and ‘Trial’
2. From the Default Judgment to the Order for Payment
3. Concentration of the Hearing
4. Concentration by Preclusion
IV. From the Closure of the Trial until the Final Judgment
V. Recourse against Judgments
1. Structure of the Appellate Procedure
2. Suspensive Effect of the Appeal
3. Access to Appellate Courts
D. TAMM AND A. HØJER SCHJØLER: The Way to the 1916 Reform of Danish Procedural Law
2. Court Organisation in the Early Modern Times
1. Pre-Action – The Introduction of Conciliation Boards
2. The Danish 1849 Constitution
3. The Maritime and Commercial Court of Copenhagen
III. Reform of Procedural Law in the Early Twentieth Century
4. The Conciliation Boards and the Reform
5. The Period After the Reform
6. The Abolition of the Conciliation Boards
S. WADDAMS: Clergy Discipline in the Church of England, 1830 –1892
II. Court Organization and ‘Court Staff’
III. Pre-Action/Pre-Filing
VI. From the Closure of the Trial until Final Judgment
VII. Recourse against Judgments
A. WIJFFELS: Undue Delay and the French Code of Civil Procedure (1806)
IV. Formal Proceedings and Trial
VI. Procedural Remedies against Judgements
VII. Special Procedures: Proceedings before the Justice of the Peace