Requesting Testimonial Evidence before the Contentious-Administrative Jurisdiction

Declarations were introduced in our legal system as a legal duty and a means of evidence through a third party on facts that are of interest to the proceedings. For its judicial practice, the General Proceedings Code established a series of requirements that must contain a request for proof, which,...

Descripción completa

Detalles Bibliográficos
Autor Principal: González Vargas, Víctor Mauricio
Formato: Artículo revisado por pares
Lenguaje:Español (Spanish)
Publicado: Universidad Libre 2018
Materias:
Descripción
Sumario:Declarations were introduced in our legal system as a legal duty and a means of evidence through a third party on facts that are of interest to the proceedings. For its judicial practice, the General Proceedings Code established a series of requirements that must contain a request for proof, which, if not complied with, the result is full denial. The purpose of this article is to analyze each of these requirements and the reason for its positivization, delimiting its study to the decree of the test in the Contentious-Administrative Jurisdiction. For such purpose, different academic and jurisprudential opinions were considered, and based on them it was concluded that the requirements set forth in the rule, to access third parties declarations, are not just a mere formality, but they meet specific purposes within the proceedings, such as identifying and locating witnesses; determining the relevance, propriety, and usefulness of evidence, in addition to ensuring the right to contradiction of the counterparty.