The requirements for judgments share many similarities and some differences between
countries and
legal systems. For instance, while the civil law imposes a statutory requirement to provide reasons for judgment, the common law recognizes a contextual duty to provide reasons depending on certain circumstances. The following section provides some information regarding judgments in different jurisdictions as well as examples of their treatment of other types of judgments, where available.
Common law Australia At the State level various State and Territory Courts allow for parties to obtain different types of judgments; including: •
Default judgment - if a defendant in a proceeding started by claim has not filed a notice of intention to defend and the time allowed under the State of Territory's rules; •
Summary judgment - A party may, at any time after a defendant files a notice of intention to defend, apply to the court under this part for judgment against the other party, if the court is satisfied that— • the party has no real prospect of succeeding on all or a part of the plaintiff’s claim; and • there is no need for a trial of the claim or the part of the claim. However, a Court may set aside a default judgment if the defendant can prove a number of key issues. In Queensland, in
Unique Product Marketing Pty Ltd v Bortek Sales Pty Ltd [2000] QDC 314 Shanahan DCJ set-down some principles in relation to setting aside a regularly entered default judgment. They include: • Whether there is a good reason why the defendant failed to file a defence; • Whether there has been any delay by the defendant in bringing the application; • The defendant’s conduct in the action before and after judgment; • The defendant’s good faith; • Whether the defendant has raised a
prima facie defence on the merits; and • Whether the plaintiff would be irreparably prejudiced if the judgment is set aside which cannot be adequately compensated by a suitable award of costs. ==== Canada (excluding
Quebec) ==== The
Supreme Court of Canada has recognized a common law duty to provide "adequate" reasons for judgment and has stated that "the giving of reasoned judgments is central to the legitimacy of judicial institutions in the eyes of the public." Determining whether reasons for judgment are adequate is a contextual exercise that may call for different information or depth of reasoning based on the circumstances of the case. In general, Canadian courts are expected to provide reasons for judgment as a duty to the public at large, to demonstrate that the judge or judges have engaged with the parties' pleadings, to explain why the parties won or lost, and to allow for meaningful appellate review (in the event that the case may be appealed). With the above guiding principles in mind, Canadian courts must "read [the reasons] as a whole, in the context of the evidence, the arguments and the trial, with an appreciation of the purposes or functions for which they are delivered..." to determine whether the reasons for judgment are adequate. The reasons must tell the reader why the judgment was made, but do not need to tell the reader how the judge made the decision rendered in the judgment. Provincial rules of civil procedure provide further guidance relating to specific types of judgments. For example: •
Declaratory judgment: a declaratory judgment can be made by the court regardless of whether a remedy is being claimed. •
Default judgment: a default judgment can be sought by the plaintiff where a defendant “has been noted in default” for certain claims. •
Summary judgment: a summary judgment may be available if “there is no genuine issue requiring a trial with respect to a claim or defence” or if “the parties agree to have all or part of the claim determined by a summary judgment and the court is satisfied that it is appropriate to grant summary judgment.”
Hong Kong In
Mak Kang Hoi v Ho Yuk Wah David, the
Hong Kong Court of Final Appeal stated that 'litigants are entitled to have their cases decided with reasonable promptitude'. The Court considered that the 'extraordinary' and 'inordinate' delay of 30 months which the trial judge (
Madam Recorder Gladys Li SC) took in handing down her reserved judgment was 'wholly excessive' and 'extremely regrettable', and recognised that 'it may lead to a denial of justice as a Judge's memory of the evidence, the witnesses, the submissions and the trial itself may fade with time', but nonetheless upheld her decision as it was 'objectively sound'. Similarly, in
Dr Yip Chi Him Roger v Lee Kwok Leung, the trial judge (Mr Justice Louis Chan) delivered his reserved judgment over 32 months after the trial. The
Court of Appeal held that 'notwithstanding the regrettable delay in giving judgment, we come to the firm and clear view that the Judge gave cogent and adequate reasons for his findings and there is no error of law or facts in his findings', and dismissed the appeal. Delays have occurred in a number of
judicial review cases. For example, in
Data Key Ltd v Director of Lands,
Lui Yuet Tin v Commissioner for Transport and
DI v Director of Immigration, Mr Justice Au handed down his reserved judgment 26 to 28 months after the hearing. The
Court of Appeal has on occasion delivered its reasons for judgment a significant period of time after the hearing. For example, in
China Medical Technologies v Samson Tsang Tak Yung, the reasons for judgment, as well as the reserved decision as to costs, were delivered by
Mr Justice Barma, JA after a delay of 34 months. Similar delays have also been encountered in cases in the
District Court. For example, in
Leung Chi Wang v Leung Yui Shing (decided by Deputy District Judge Richard Leung),
Kan Yay Shan v Mo You Mut (decided by Deputy District Judge Simon Lui),
Golden Field Glass Works v Yeung Chun Keung (decided by Deputy District Judge Timon Shum), and
Han Mei Fang v All Occupiers of Flat F, 6th Floor, Kapok Mansion (decided by Deputy District Judge Samson Hung), judgment was handed down between 31 and 33 months after the trial. In
Welltus v Fornton Knitting, after a trial which lasted 12 days, the trial judge (
Deputy High Court Judge Ian Carlson) took over 10 months to hand down his reserved judgment. The
Court of Appeal held that the trial judge failed to give adequate reasons for his decision and stated that 'the failure to deal with [one of the critical issues was] probably attributable to the delay in the preparation of the judgment'. The Court of Appeal therefore set aside the decision and ordered a re-trial before another judge of the
Court of First Instance. In
HKSAR v Yip Kim Po, after a criminal trial lasting over one year, the trial judge (His Honour Judge Kevin Browne) gave Reasons for Verdict with 1,753 paragraphs spanning 465 pages. The
Court of Appeal stated that the 'sheer length of the judge's Reasons for Verdict brings with it considerable difficulties for the appeal courts and any other newcomer to the case in trying to unravel the relevant evidence and identify the real issues at trial. An unduly lengthy set of Reasons also creates problems for the judge himself in focussing on the essential issues at trial so as to explain, clearly, concisely and expediently, why he came to the decision he did'. The Hong Kong Court of Final Appeal endorsed the remarks made by the
Court of Appeal, and stated that 'Whilst a judge should keep a record of the evidence and submissions, it is not the function of a judgment to be that record. Instead, the primary purpose of a judgment is: to identify the ultimate issues in the case; to set out, qualitatively by reference to the evidence that is accepted or rejected, the primary facts which the judge finds; to relate those findings to the factual issues in the case; to show how any inference has been drawn; to make the necessary findings of fact; to identify and apply the appropriate legal principles; and, ultimately, to make the appropriate dispositive orders'. In ''HKSAR v Tin's Label Factory Ltd'', at the end of the hearing of the appeal in the
Court of First Instance, Mr Justice
Pang Kin-kee immediately delivered an oral decision allowing the appeal, with written reasons to be handed down at a later date. 7 months later, the Judge handed down the written reasons for judgment dismissing the appeal, a result which was inconsistent with the oral decision announced at the end of the hearing. After the appellant contacted the Judge's clerk, later the same day the Judge retracted the 'incorrect version' and delivered the 'correct version' of the written reasons for judgment. The correction was made before the court order and record had been perfected. The Hong Kong Court of Final Appeal stated that 'It must be reiterated and strongly emphasised that judges at all levels of court have a duty to deliver judgments within a reasonable time after the conclusion of the hearing. Where an oral decision has been given of the result, with reasons to follow later, it is incumbent upon the judge to deliver the reasons within a reasonable time. This is important not only for the parties, but it is essential to the maintenance of public confidence in the administration of justice. In the present case, the delay of seven-and-a-half months was unjustified'. The Hong Kong Court of Final Appeal further stated that 'In handing down the 1st written judgment purporting to set out his reasons for "dismissing" the appeal on 15 May 2008, the Judge must have forgotten about his earlier oral decision allowing the appeal and omitted to check the file. The delay in preparing his reasons must have contributed to this oversight'.
New Zealand In accordance with section 170 of the
Senior Courts Act 2016, the
Chief Justice of New Zealand, the President of the Court of Appeal and the Chief High Court Judge publish information about the indicative delivery times for reserved judgments in the
Supreme Court,
Court of Appeal and
High Court respectively. As of 2017, the
Supreme Court 'will endeavour to deliver judgment in an appeal within six months from the last day of the hearing'. In the
Court of Appeal and the
High Court, most decisions are delivered within three months of the last day of the hearing.
United Kingdom The
Court of Appeal of England and Wales (Civil Division) has affirmed a common law duty to give reasons for a judgment, subject to some exceptions (such as an oral judgment or a summary judgment). The Court also noted that providing reasons for judgment "is a function of due process, and therefore of justice." Interested parties must be able to determine why the court has made the decision in question. Furthermore, providing reasons for judgment serves a practical purpose insofar as it necessarily requires the court to engage in thoughtful consideration of the cases presented. Further,
The Civil Procedure Rules 1998 state that a judgment or order takes effect on the day it is rendered unless the court specifies otherwise and provide additional guidance on different types of judgments. •
Consent judgment: a consent judgment is available where the parties agree on the terms of the judgment or order that should be made. •
Declaratory judgment: a declaratory judgment can be made by the courts regardless of whether a remedy is being claimed. •
Default judgment: a default judgment is available where the defendant does not file acknowledgment of service or fails to file a defence. A default judgment may be set aside or varied if he defendant demonstrates “a real prospect of successfully defending the claim” or where exceptional circumstances apply. •
Summary judgment: a summary judgment is made without requiring a trial. A court may grant a summary judgment if either the claimant or the defendant has no prospect of succeeding and “there is no other compelling reason why the case or issue should be disposed of at a trial.”
United States At the federal level, a judgment is defined in the
United States Federal Rules of Civil Procedure as "a decree and any order from which an appeal lies" and does not include "recitals of pleadings, a master's report, or a record of prior proceedings." A judgment must address all of the issues raised with respect to the rights and liabilities of the parties. If a judgment is rendered without addressing all the rights and liabilities, the action is not ended and the claims of the parties may be revised before the entry of a judgment that determines all of the issues raised. •
Default judgment: If the defendant fails to plead or otherwise defend against the action, a default judgment may be entered. If the plaintiff's claim is for a fixed amount of money, then the plaintiff can request that the clerk enter judgment for that amount along with costs against the defendant. Otherwise, the plaintiff will be required to appear before the court and present evidence for the damages or relief requested to receive a default judgment. If the defendant can demonstrate "good cause" for not responding to the default judgment, then the court may set aside the judgment at its discretion. •
Interlocutory injunction: A party can seek an
interlocutory injunction relating to a proceeding. The court must provide reasons for either granting or denying an interlocutory injunction. •
Summary judgment: A party can seek a summary judgment on all or part of its claim. The court will grant a summary judgment if the party seeking the judgment demonstrates that there is no real dispute regarding the facts. as well as rules relating to summary judgments, default judgments, and interim or interlocutory judgments. The
Full Faith and Credit Clause of the
federal Constitution generally requires states to recognize the records and judgments of other states.
Civil law France A court's duties regarding judgments are outlined in the
Code de procédure civile. A judgment "is given on behalf of the
French people" and must contain certain information, including the date, the names of the judges, the level of court, and the names of the parties involved. In light of compliance with the rules of the
Code and the absence of an appeal, a judgment is presumed to have been executed correctly. Traditional French judgments often consisted of a single sentence wherein the court provided its judgment. However, a drive towards modernization of French judgments has encouraged judges to write much clearer judgments to encourage simplification and accessibility. Generally, French judgments are much shorter than their common law counterparts. If an oral judgment is rendered, it must be read by at least one of the judges who heard the case. Parties to the proceedings are entitled to receive "a certified copy of the judgement imprinted with an order of enforcement." Once a judgment has been executed, it becomes
res judicata. A judgment will be enforced once it becomes final subject to some exceptions. A judgment can only be enforced once a certified copy imprinted with an order of enforcement is provided and the affected parties have been notified. •
Default judgment: If one of the parties does not appear before the court, or one of the parties does not present their pleadings within the enumerated time limit, the appearing party is entitled to receive a default judgment on the merits of the case. •
Ex parte judgment: an ex parte judgment may be granted "where the petitioner has good reason for not summoning the opposing party." •
Interlocutory Judgment: An interlocutory judgment, insofar as it gives rise to an investigation or an interim measure, stays the proceedings and does not equate to a final judgment. •
Summary judgment: a summary judgment may be granted at the request of one party in order to provide an order quickly as an alternative to a full trial.
Germany A court's duties regarding judgments are outlined in the
Zivilprozessordnung. A trial judgment must contain certain information, including the parties and their representatives, the court and judges involved in the decision, the date the proceedings finished, the merits of the case and the reasons for the judgment. Specifically, the legislation requires that "the claims asserted and the means of challenge or defence [be] brought before the court, highlighting the petitions filed. The details of the circumstances and facts as well as the status of the dispute thus far are to be included by reference being made to the written pleadings, the records of the hearings, and other documents ... [and] a brief summary of the considerations of the facts and circumstances of the case and the legal aspects on which the decision is based." •
Default judgment: a default judgment is rendered based on the defendant's acknowledgment of their actions. A default judgment does not need to address the facts or merits of the case and does not require the provision of reasons. •
Interlocutory judgment: an interlocutory judgment is rendered when the court has enough information to make a decision. An interlocutory judgment is considered to be a final judgment and not subject to appeal unless the court deems further consideration necessary. Judgments in most German courts are rendered "in the name of the people".
Italy The duty to provide reasons for a judgment is entrenched in
Italy's
Constitution.
Japan A court's duties regarding judgments are outlined in "民事訴訟法及び民事保全法の" (
Code of Civil Procedure). The
Code states that a final judgment must be made "when the suit is ripe for making a judicial decision." The judgment must contain the names of the parties, the court, the final date of
oral argument, the facts, and the reasons for decision subject to some exceptions. A judgment must be rendered within two months of the conclusion of oral arguments unless exceptional circumstances apply and becomes effective once it has been rendered.
Religious law Saudi Arabia A court's duties regarding judgments are outlined in
The Law of the Judiciary. Judgments must be pronounced in a public hearing and must "include the grounds on which they were based and the legal authority thereof." A judgment may be rendered unanimously or by a majority vote. If the judgment contains a dissent, the majority decision in the judgment must address the dissenting opinion, and any dissenting judges must explain why they are dissenting. Once a judgment has been issued, the judge or judges determine whether the parties involved agree with the ruling. If one party disagrees with the judgment, that party has a set number of days to request a written appeal. An appellate body will then review the judgment in the absence of the parties. If the appellate body agrees with the lower court's decision, it will stamp "final and enforceable" on the judgment without providing any reasons and will return the judgment to the
trial court. If the appellate body disagrees with the lower court's decision, it may either send the case back to the
trial court for reconsideration or, less commonly, may call the parties to present further arguments and write its own judgment based on the information presented. == See also==