PROC 124 Lecture Notes - Lecture 20: Arbitration Clause, E.G. Time, Plaintext
24 Jan 2018
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Cml jrsd); american lawyers tend to consider discovery as a fundamental right (quasi- constitutional) In theory, the lack of affidavit of documents in qc makes it harder for the plaintiff. To b, it needs to be that immediate that you don"t have time to go see a judge to get the order: public interests that could justify limits to confidentiality. It"s a discretionary power for sure: whenever there"s a discretionary power, it doesn"t mean judge can do whatever; he must consider relevant factors and weigh them. Juman (which gives us the test) at par. 32: need to find a public interest which would outweigh the interest of confidentiality. 167-168 and 491 nccp: some procedural defects are fatal to an action, lack of standing, there"s no way to fix that through any court order. It leads to an interlocutory judgement dismissing the action. So, court will just transfer the case to the right district.
