The Jurisdiction of the Judge Preparing the Civil Suit "Comparative Study"

Abstract

Abstract: The preparatory judiciary and the management of the civil case aim to prepare and prepare the case for pleading, without exceeding this goal to delve into the subject because it is not within the jurisdiction of the preparatory judiciary, but rather it is what falls within the jurisdiction of the judge of the subject matter, and due to the large number of cases filed before civil courts, and their accumulation due to the limited judicial cadres and the increase in cases over time, as a reflection of the development of societies and the increase in economic activity, which results in great damage to the interests of litigants and the public interest as a realistic result, which imposed on the national legislator in these countries in order to avoid this judicial defect, by creating a judicial organization that organizes the process of examining and auditing the civil case filed and stating the shortcomings that affect it with the aim of completing it and preparing it for the next stage, which is the stage of adjudicating the case, so the case in this case goes through two stages, the first formal, and the second substantive, and a judge specialized in the formal stage was assigned to him, called the preparatory judge or the supervisor of the civil case management, and thus he had exclusive jurisdiction, without others, to supervise all the procedures that the case goes through in this stage, which is limited to a specific period during which the case ends Its formal integration within this specialization from this stage to move to another specialization, which is examining the case in substance. Therefore, our research was to clarify this concept and show the extent and limits of the jurisdiction of the judge preparing the case or the court that supervises the management of the case and the position of comparative laws on it.