What is a key aspect that courts consider when analyzing delays in litigation?

When analyzing delays in litigation, a critical aspect that courts consider is the immediacy of relevant evidence. Relevant evidence can become less reliable or even lost over time, which can significantly impact the fairness of the trial and the ability of the parties to present their case effectively.

The concept of immediacy pertains to how quickly evidence can be presented to the court in relation to the events of the case. Evidence that is fresh and available shortly after an event often holds greater probative value than that which is gathered much later, as witness recollections can fade, physical evidence may deteriorate, and the context may change. Courts strive to promote expedience in the legal process to ensure that cases can be resolved while the evidence remains relevant and accessible.

While aspects such as the financial capability of the plaintiff, the skills of the defendant’s counsel, and the number of witnesses can influence certain procedural considerations, they do not directly relate to the fundamental concern of preserving the integrity of evidence over time.