The Honourable Mr. Jutice Timothy Ray pens an encouragement from the bench for litigants to refrain themselves from using prejudicial, scandalous, embarrassing, and irrelevant allegations in the pleading that are not relevant to their matter and will only delay their matter unjustifiably.
Rule 1 of the Family Law Rules and Rule 25 of the Rules of Civil Procedure requires the pleadings to be enveloped by relevancy. At the pleadings stage, relevance is determined by the legal and factual issues in light of the relief being sought. All relevant facts must be included in the pleading but not the evidence to prove the facts. Irrelevant facts must be struck out from pleadings in order to limit the evidence to the issues in the case. Baseless irrelevant allegations must be omitted from pleadings.
Will such an approach to pleading lower the costs of litigation and drive the parties to settlement?