Treating Litigation as if it Never Happened

Abstract

Litigation progresses through stages until reaching its final phase: judgment. However, litigation doesn't occur spontaneously; it requires a driving force to propel it forward until its end. This driving force primarily stems from the litigants, especially the plaintiff who initiates, pursues, and accelerates the litigation, ensuring compliance with court orders. If the plaintiff neglects his/her duty to advance the litigation, his/her claim is treated as if it never existed. The consequence of this neglect is the termination of the litigation without judgment on its merits. This penalty serves as a legal sanction imposed on the plaintiff for his/her negligence, laxity, or failure to properly pursue the claim to its end. The imposition of this penalty may occur automatically upon violation, by court order, or upon the request of the defendant, following legal procedures. The purpose of this penalty is to encourage the plaintiff to diligently pursue his/her claim and implement court procedures, from filing the claim to attending sessions until judgment. This is intended to advance litigation procedures, and swiftly resolve disputes between parties.