• ISSN: 2155-7950
  • Journal of Business and Economics

The Meaning of the Preparatory Hearing for Efficiency 

of the Civil Procedure

Kristine Neimane

(Turiba University, Latvia)

Abstract: The article is devoted to the instruments useful for the efficiency of the civil procedure and in this scope author analyzes the important role of the preliminary case hearing proceedings, as well as describe the importance of this procedural stage to achieve the main purposes of the civil procedure. The preliminary case hearing is important to find out the main object of discussing of litigants, clarify and decide other procedural issues of the case, as well as to offer for litigants to solve the case with the settlement agreement. The preliminary procedure is under the conduct of judges own vision and there are no possibilities for litigants to change it. The author detects the existing problems in Latvian civil procedure law regulation relating to preliminary proceeding stage and judge role in this stage and clarify that in Latvia's civil procedure, the preliminary case hearing and preparing stage is not in use and judges do not obey to this rule excusing oneself with the base principle of the competition of litigants. According to the author’s point of view, this is negative aspects which have a direct influence on the possibility to find the truth and made correct judgment. For research reasons, the author analyzes the historical development of the civil procedure and general ideas important for judge role of the preparing stage of the case and experience and law regulation of the foreign states such as Lithuania, Slovakia, Czech Republik, Italy and Russian Federation. For researches, the author has used analysis and comparative methods and gives the author’s own assumptions.

Key words: civil process; efficiency of process; preparatoy hearing; role of judge

JEL codes: K4, K41

Copyright 2013 - 2022 Academic Star Publishing Company