15. Taking of new evidence by the Court (final Proceedings):
Final Proceedings: proposal and taking of evidence with a final argument. Evidentiary proceeding at the final part of the proceeding is very rare.
They are Proceedings consisting of the taking of new evidence to clarify the facts Providing that this evidence was not possible to be taken before.
To do it, it Must comply with this conditions: the evidence taken beforehand has not been Conducive; the lack of convincing of the Court is due to circumstances Independent from the will and diligence of the parties; and that the Court has Solid reasons to believe that the new procedures shall provide certainty Regarding such facts.
Art. 435.1. A): First rule; no evidence will be taken as final proceeding if it could have been Conducted in time and in the appropriate manner by the parties.
Art. 435.1. B): Second rule; the evidence was timely proposed and admitted but not timely Proposed/taken by the Court because of the parties.
Art. 435.1.C): Third rule; new or newly known evidence that is useful and relevant will be Taken.
The Court allows Sometimes the taking if evidence at the final proceeding, prior to the Declaration of conclusion in the main hearing. If evidence can’t be taken the Court goes ahead with the trial and then agrees to the taking of the evidence As established in art. 435.
16. Enforcement of consistency rules:
214 and 215 CPA.
Prior to the Appeal you might be able to change that inconsistency and it must be filed Before the same Court that issued:
Rectification: Used to challenge deviation, must be filed within 2 days after being notified On the judgement.
Supplementation: Used to challenge omission; you must file it within 5 days.
17. Difference between relinquishment and withdrawal:
Relinquishment/waiver (renuncia): 20.1 CPA; act of the plaintiff stating that he waives either the Action or the right upon which the pleas are grounded. Act of the plaintiff Stating that he renounces to either action or the rights upon which the pleas Are grounded. He is no longer willing to have an effective evidence for that Right, and can’t use it in a subsequent proceeding.
Withdrawal of The claim (desestimiento): art. 20 CPA (abandonment); art. 20.2 and 20.3 CPA; Application filed by the plaintiff where it states that he wants the Proceedings to finish. Explicit of inferred (lack of appearance at the hearing Of verbal proceeding or preliminary hearing of the ordinary proceeding). If the Defendant shows a legitimate interest to continue, so it does. If the defendant Doesn’t know or is in default, the law takes for granted he has no legitimate Interest.
An application Filed by the plaintiff whereby tells the Court that he wants the proceedings to Finish without prejudice to reopen the proceedings by way of a new complaint. So he can still use his rights in a subsequent proceeding.
18. Reproduction of the issue decided by the Court Clerk:
Interlocutory Decisions of the Court Clerk are subject to a motion for reconsideration. The Law foresees a way to challenge the decision of the Court Clerk deciding on the Motion: the possibility to reproduce the issue before the Court. It is an oral Appeal which takes place at beginning of the same hearing (if there will be no Hearing, it is done in writing).
19. Appeal for review:
If the decision Of the Court Clerk is definitive, no motion for reconsideration is allowed; we Go to the Judge and make an appeal for review in writing.