Define: De Procedendo Ad Judicium

“De Procedendo Ad Judicium” is a Latin term that translates to “proceeding to judgment” in English. It refers to the legal process of moving a case forward to a judgment or trial.

This term is commonly used in civil law systems to describe the stage of a legal proceeding where a case is ready to proceed to trial or judgment.

During this stage, the court evaluates the evidence and arguments presented by both parties and determines whether the case is ready to proceed to trial or if there are any outstanding issues that need to be resolved before proceeding.

Yes, if the court finds that there is insufficient evidence or legal basis for the case to proceed, it may dismiss the case during this stage.

The court considers the evidence presented, legal arguments made by both parties, any pre-trial motions or objections, and any other relevant factors to determine if the case is ready for trial.

Yes, either party can request additional time to gather evidence, prepare arguments, or address any outstanding issues before the case proceeds to trial.

If the court finds that there are outstanding issues, it may schedule additional hearings or conferences to address those issues before the case can proceed to trial.

Generally, decisions made during this stage are not final judgments and may not be appealable. However, if a party believes that a legal error has occurred, they may seek appropriate remedies through the appellate process.

The duration of this stage can vary depending on the complexity of the case, the court’s schedule, and any additional issues that need to be resolved. It can range from a few weeks to several months.

Yes, a party can request a summary judgment during this stage if they believe that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. The court will evaluate the evidence and arguments presented to determine if a summary judgment is appropriate.