…Debt court judge tells lawyers
By: G Bennie Bravo Johnson I
The Debt Court of Montserrado County resident Judge James E. Jones has vowed to kick against the willful delay of cases before the court.
Speaking Tuesday, Jan 9, 2024, during the program making the formal opening of the Debt of Montserrado County January term, Judge Jones said the average time for processing a case in the debt court from filing to judgment is about six months.
He continues by saying that the length of time mentioned is far from what should be the actual reality of the time of six months to six weeks to have a case reached full completion.
“The question now is what can be done here at the debt court that would reduce the time to process a case from six (6) months to six weeks? Judge Jones asked.
The Debt court judge said he will now use robust utilization of the pre-trial conference and a streamlined and more orderly trial procedure.
Judge James E. Jones has expressed confidence in combating the prolonged delay of cases on the docket of the court, adding that it will make the trial more predictable.
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According to Judge Jones, he will now kick against flinches excuses from lawyers as such contribute to the delay of trial.
He at the same time said lawyers must be deliberate and thorough in their pleading to avoid unwarranted contentions and unnecessary issues.
“firstly lawyers must be deliberate and thorough in their pleading to avoid unwarranted contention and unnecessary issues.” Judge Jones added.
He maintained that women should file their cases when they are ready in terms of witnesses and material evidence despite the statutes of limitation.
The Debt court for Montserrado County Judge averred that lawyers must readily concede and cooperate for forward movement where their interest is not jeopardized.
“We have overtimes the court has been doing the same things the same way over and again and obtaining the same results ” the slow processing of cases from filing to a rendition of judgment,” he added.
He lamented that the court will be very vigorous in executing its mandate in ensuring that the 25% judgment be paid before the guilty party leaves the court.
Also speaking at the opening of the court Cllr J. Daku Mulbah cautions the court to place more focus on judgment enforcement as a means of safeguarding the image of the judiciary.
“We want the court to enforce her judgment, with this it will give period the confidence in the court system and erase the dark cloud that the judiciary is corrupt out.” Cllr Mulbah said.
The Debt Court exercises exclusive original jurisdiction in all civil actions to obtain payment of a debt in which the amount is $2001.00 to $15,000.00 and shares concurrent jurisdiction with the Commercial Court on amounts of $15,000.00 and above. The Debt Court adopts the procedure of the circuit court in the enforcement of its judgment.
Appeal from judgments of the Debt Court or institution of remedial proceedings during the trial in the Debt Court do not operate or serve as a stay in the enforcement of its judgment, except when the party was denied its day in court or the amount of the debt is in dispute. Appeals from the determination of the Debt Courts are heard by the Supreme Court.
The Debt Court has concurrent jurisdiction with the Circuit Court in the issuing of the writ of Ne Exeat Republic in cases arising out of debt.
