Order of preclusion
Querist :
Anonymous
(Querist) 08 December 2011
This query is : Resolved
Dear sir! Is there any provision called "order of preclusion"and when is it used?
vinay vaidhya
(Expert) 08 December 2011
Rule 37 of the Federal Rules of Civil Procedure governs the granting of preclusion orders in actions brought in federal courts.
A court sanction that prevents a party who has not complied with a direction to supply information in the discovery stage of a lawsuit from later supporting or challenging designated claims or defenses related to the facts that he or she withheld.
Raj Kumar Makkad
(Expert) 08 December 2011
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal;[1] and the legal doctrine meant to bar (or preclude) continued litigation of such cases between the same parties, which is different between the two legal systems. In this latter usage, the term is synonymous with "preclusion".
In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter.[2]
The legal concept of res judicata arose as a method of preventing injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the court system.
Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury.
