Define: Temere Litigare

Temere Litigare is a Latin term that translates to “litigate in good faith.” It refers to the legal principle that parties involved in a lawsuit should act honestly, fairly, and in good faith throughout the litigation process.

If a party fails to comply with the principle of Temere Litigare, they may face various consequences. This can include sanctions imposed by the court, such as fines or adverse inferences against the non-compliant party. In extreme cases, the court may dismiss the case or award attorney’s fees to the opposing party.

To ensure compliance with Temere Litigare, it is essential to act honestly, transparently, and in good faith throughout the litigation process. This includes providing accurate information, not engaging in frivolous or unnecessary litigation tactics, and cooperating with the opposing party and the court.

Temere Litigare is not typically used as a standalone defence in a lawsuit. However, it is a guiding principle that courts expect all parties to adhere to during litigation. Failing to comply with this principle can negatively impact a party’s position in the case.

Yes, the principle of Temere Litigare can be applied in alternative dispute resolution methods as well. Parties involved in mediation or arbitration are expected to act honestly, fairly, and in good faith during the resolution process.

Temere Litigare is a fundamental principle of litigation and cannot be waived or modified by the parties involved. It is a standard that courts expect all litigants to follow.

While the principle of Temere Litigare is generally applicable in all litigation, there may be certain circumstances where a party’s actions may be excused. For example, if a party can demonstrate that they acted in good faith but made an honest mistake, the court may consider this when determining the appropriate consequences.

Temere Litigare is not specifically used to challenge the validity of evidence presented in court. However, if a party believes that the opposing party has presented false or misleading evidence, they can raise objections and request the court to exclude such evidence based on other legal grounds.

Temere Litigare is primarily associated with civil litigation, but the underlying principles of honesty, fairness, and good faith are applicable in criminal cases as well. Both prosecutors and defence attorneys are expected to adhere to these principles during the criminal justice process.

While Temere Litigare itself does not provide a direct basis for seeking damages, parties who believe they have been subjected to bad faith litigation may have other legal remedies available. They can consult with an attorney to explore options such as filing a motion for sanctions or pursuing a separate lawsuit for abuse of process or malicious prosecution.