Understanding Civil Judicial Procedures: Features and Stages

Understanding Civil Judicial Procedures

Key Features of the Common Procedure

• 500 UTM: Refers to judicial matters involving 500 UTM (Unidad Tributaria Mensual - Monthly Tax Unit, a common Chilean legal reference for value thresholds).
• Double Degree or Instance: Allows for appeals to a higher court.
• Written Procedural Documents: Emphasizes the written nature of the process.
• Declarative Procedure: Aims to declare or establish a right or fact.
• Generally Applicable: The common procedure is broadly used.
• Residual Procedure: Applies to matters not covered by extraordinary or special procedures, as per Article 3 of the Civil Procedure Code (CPC).

Structure, Stages, or Phases of the Common Procedure

1. Preliminary Discussion Phase

   • Demand: The initial filing by the plaintiff.
   • Statement: The defendant's response, potentially including a counterclaim.
   • Reply: Plaintiff's response to the statement and counterclaim.
   • Rejoinder: Defendant's response to the reply and counterclaim reply.
   • Rejoinder in Counterclaim: Specific response to the counterclaim's rejoinder.

2. Reconciliation Period

   • Call for Conciliation Hearing: Summons for a reconciliation attempt.
   • Conciliation Hearing: Attempt to reach an agreement.
   • Eventual Conclusion: The trial may end entirely or partially if an agreement is reached.
   • Continuation: If no agreement, the process continues.

3. Evidence Phase

   • Resolution to Open the Case to Evidence: Court order allowing evidence submission.
   • Evidence Term: Period for presenting evidence.
   • Observations on Evidence: Parties' comments on the presented evidence.

4. Pre-Sentence Phase

   • Summons for Judgment: Notification to parties that the case is ready for a ruling.
   • Case File Review: Final review of the case documents by the court.

Initiation of Proceedings: The Demand

The initiation of proceedings under the Civil Procedure Code (CPC), specifically Article 253, occurs through a preliminary action or the filing of a demand.

A Demand is defined as the "initial procedural act, the first presentation made by the plaintiff that summarizes their claims." It is also described as the "way of bringing an action in court" (Casarino).

Documents Accompanying the Application

Article 255 of the CPC states that documents accompanying the application must be challenged within the notice period, regardless of their nature. Article 348 further provides that instruments can be presented at any stage of the proceedings until the expiration of the evidence term in the first instance, and until the hearing of the case in the second instance.

Procedural Nature of the Demand

The demand is a procedural act of a party, voluntary in nature, and constitutes a burden. If the plaintiff does not file the demand on time, they may forfeit any related right.

It can also be a preliminary precautionary measure, typically with a 10-day period.

Preclusion of Right (Article 269 CPC)

Article 269 of the CPC states: "The demand must be inferred within ten days, under penalty of not being heard later on that right." This emphasizes the importance of timely filing.

Reservation of Rights (Articles 473, 474, 478 CPC)

This refers to the reservation of executive claims and defenses, as outlined in Articles 473, 474, and 478 of the Civil Procedure Code.

Content of the Application (Demand)

1. General Requirements (Articles 30 & 31 CPC)

   These include general formalities for any written submission, such as a summary and copies.

2. Special Requirements (Article 254 CPC)

   Specifically outlined in Article 254 of the CPC, these are:

   1. Designation of the court before whom the action is brought.
   2. Name, address, and profession or occupation of the plaintiff and the persons acting on their behalf, and the nature of their representation.
   3. Name, address, and profession or occupation of the defendant.
   4. Clear statement of the facts and legal arguments supporting the claim.
   5. Precise and clear enunciation, recorded at the conclusion, of the requests submitted to the court for ruling (the prayer for relief).

Key Articles of the Civil Procedure Code

• Article 255 CPC: Documents accompanying the application must be challenged within the notice period.
• Article 348 CPC: Instruments may be presented at any stage of the trial until the expiration of the evidence term in the first instance and until the hearing of the case on appeal.
• Article 256 CPC: The judge may not automatically take action on an application if it does not meet the first three requirements of Article 254.
• Article 257 CPC: The transfer of the demand requires the defendant to answer.