Legal Definitions - dilatory tactics

Dilatory tactics refer to actions taken by a party involved in a legal case that are intended to cause unnecessary delay in the proceedings. These actions often involve misusing or abusing the established rules of court procedure, not for a legitimate legal purpose, but solely to postpone the resolution of the dispute. Courts view such tactics seriously, as they undermine the efficiency and fairness of the justice system, and a party found to be employing them may face penalties, including fines or being held in contempt of court.

Here are some examples:

• In a complex business dispute, a defendant company repeatedly submits incomplete or disorganized documents during the discovery phase, despite clear court orders to provide comprehensive records. They might also make excessively broad and burdensome requests for information from the opposing side, knowing it will take immense time and resources to fulfill.

  This illustrates dilatory tactics because the company is misusing the discovery process—a procedural rule—to prevent the plaintiff from obtaining necessary evidence, thereby intentionally slowing down the case and increasing the other party's legal costs.

• During a contentious divorce case, one spouse's attorney consistently claims their client is unavailable for scheduled mediation sessions or depositions, citing vague conflicts that stretch over several months, even after the court has set clear deadlines. This forces repeated rescheduling and delays in gathering crucial testimony.

  This demonstrates dilatory tactics as the attorney is abusing the scheduling rules and the deposition process to avoid moving the case forward, prolonging the emotional and financial strain on the other party and the court system.

• In a personal injury lawsuit, the defendant's legal team files a series of repetitive and meritless motions to dismiss the case, each based on minor technicalities that have already been addressed or rejected by the court. Each motion requires the plaintiff's attorney to respond and the judge to review, consuming valuable court time and resources.

  This is an example of dilatory tactics because the defendant is abusing the right to file motions—a procedural rule—not for a legitimate legal argument, but to intentionally delay the proceedings and exhaust the plaintiff's resources.