If the issue of Res Judicata is raised in a newly filed case, a lawyer or litigant should carefully examine whether the present dispute involves the same parties, subject matter, and issues as a previously decided case. The first step is to review the judgment of the earlier case to confirm if it was decided on merits by a competent court. Next, the lawyer should plead Res Judicata as a preliminary objection in the written statement or reply, highlighting that the matter has already been adjudicated. Supporting documents such as certified copies of the previous judgment and records should be produced to substantiate the claim. The litigant should also request the court to dismiss the case at the outset to avoid unnecessary proceedings. By following these steps, parties can effectively prevent repetitive litigation and ensure judicial efficiency.
