Final Proceedings, Consistency, and Procedural Actions in Court
Final Proceedings: Taking New Evidence
Final proceedings involve the proposal and taking of evidence, culminating in a final argument. Evidentiary proceedings at this stage are rare.
They consist of taking new evidence to clarify facts, provided that this evidence could not have been taken before.
To proceed, the following conditions must be met:
- The previously taken evidence has not been conclusive.
- The Court’s lack of conviction is due to circumstances independent of the parties’ will and diligence.
- The Court has solid reasons to believe that the new procedures will provide certainty regarding the facts.
Article 435.1.a: First rule; no evidence will be taken as a final proceeding if it could have been conducted in a timely and appropriate manner by the parties.
Article 435.1.b: Second rule; the evidence was timely proposed and admitted but not timely proposed/taken by the Court because of the parties.
Article 435.1.c: Third rule; new or newly known evidence that is useful and relevant will be taken.
The Court sometimes allows the taking of evidence at the final proceeding, prior to the declaration of conclusion in the main hearing. If evidence cannot be taken, the Court proceeds with the trial and then agrees to the taking of evidence as established in Article 435.
Enforcement of Consistency Rules
See Articles 214 and 215 of the Civil Procedure Act (CPA).
Prior to an appeal, it might be possible to address inconsistencies. This must be filed before the same Court that issued the judgment:
- Rectification: Used to challenge deviations, must be filed within two days after being notified of the judgment.
- Supplementation: Used to challenge omissions; must be filed within five days.
Difference Between Relinquishment and Withdrawal
Relinquishment/Waiver (renuncia): (Article 20.1 CPA) An act by the plaintiff stating that they waive either the action or the right upon which the pleas are grounded. The plaintiff is no longer willing to have effective evidence for that right and cannot use it in a subsequent proceeding.
Withdrawal of the Claim (desestimiento): (Article 20 CPA, specifically 20.2 and 20.3) An application filed by the plaintiff stating that they want the proceedings to finish. This can be explicit or inferred (e.g., lack of appearance at the hearing of a verbal proceeding or the preliminary hearing of an ordinary proceeding). If the defendant shows a legitimate interest in continuing, the proceedings continue. If the defendant is unaware or in default, the law assumes they have no legitimate interest.
It is an application filed by the plaintiff informing the Court that they want the proceedings to finish *without prejudice* to reopening the proceedings via a new complaint. Therefore, they can still use their rights in a subsequent proceeding.
Reproduction of Issues Decided by the Court Clerk
Interlocutory decisions of the Court Clerk are subject to a motion for reconsideration. The law provides a way to challenge the Court Clerk’s decision on the motion: the possibility to reproduce the issue before the Court. This is an oral appeal that takes place at the beginning of the same hearing (if there is no hearing, it is done in writing).
Appeal for Review
If the Court Clerk’s decision is definitive, no motion for reconsideration is allowed. In this case, a written appeal for review is made to the Judge.