THE RIGHT TO RE-INITIATE A LAWSUIT SUSPENDED FOR NOT PAYING COURT FEE ADVANCES

Abstract

The practice of trial has experiences that the court suspended many cases because the litigants had not paid the trial fees in advance. The question is shall the litigants have the right to bring such case to court again? There are controversial views in the trial practice, in which some courts allow involved parties to re-file the lawsuits, while the others suspend it unless the re-filed case is different from the previous cases regarding the plaintiff, the defendant, and the disputed legal relations. The article studies the right to re-file a lawsuit when the case is suspended for failing to pay court fees in advance, proposing recommendations to improve the law on this issue and seek for a unanimous agreement in practical trials.