Case Management and Its Application to the Model Civil Litigation for Pecuniary Claims Under Recent Czech Procedural Law

Abstract

The article deals with case management in civil litigation and its implications for the Czechmodel civil litigation for pecuniary claims. After the introduction, it provides an overviewof the principles of case management and of case management instruments mainly from theperspective of the Model European Rules of Civil Procedure, English Civil Procedure Rules,Civil Litigation Management Manual, and Model Time Standards for State Trial Courts (lasttwo from the United States). The findings are then applied to the Czech model civil litigationfor pecuniary claims which is developed based on empirical data gather from the Czechjudges and courts, taking into account the legal framework of the current Civil ProcedureCode and comparative conclusions. In the final part, amendments to recent law and practice(primarily de lege lata, eventually de lege ferenda) in the Czech Republic are suggested witha focus on the implementation of key instruments of case management to Czech law andpractice with the potential of reducing costs and expediting the litigation. In the opinion ofthe author, the suggested implementation of case management instruments and principles intocivil procedure is possible even within current legal framework of the Czech Republic.