Keywords
evidentiary proceedings
evidentiary motion
misuse of procedural rights
procedural obstruction
evidentiary motion
misuse of procedural rights
procedural obstruction
How to Cite
Kosonoga, J. (2019). Dismissal of an obstructive evidentiary motion. Ius Novum, 13(1). https://doi.org/10.26399/iusnovum.v13.1.2019.01/j.kosonoga
Abstract
The article discusses the issue of the dismissal of an obstructive evidentiary motion that i aimed at lengthening of proceedings (Article 170 § 1(5) CPC). The author analyses the scope o this circumstance and its relation to other grounds for refusal to accept an evidentiary motion.
Other considerations focus on the procedure concerning an obstructive evidentiary motion, in particular the issue of appropriate substantiation of a procedural decision. The author als discusses general issues of misusing procedural rights directly related to the main topic.