Civil Procedural Law: Examination and Evidence Rules

Posted on Dec 4, 2024 in Law & Jurisprudence

True or False
  1. Against the decision to deny the appeal, open diligence. False
  2. The party will be allowed to answer interrogatories that assisted their attorney, solicitor, or other person. False
  3. On the facts that have been covered by the same interrogation, another trial cannot stand in any instance. True
  4. The person who has been issued a protective order could claim at any time, but after the verdict. False
  5. In the enforcement of protective orders, exceptions are not permitted. True
Underline the Correct Answer
  1. Against the resolution granting the taking of evidence.
  2. Controller and be appointed depositary by: c) the judge.
  3. Claimed the judge cited Providence to parties to a hearing to be held c) within 3 days following the claim.
  4. If any of the tests will need further improvement, the judge sets a date and time for this within: b) 6 days.
  5. The judge must receive all evidence to be produced where they relate to the points and not contrary: a) right.
  6. Opinion of the judge if they have to give proof within the national territory is extraordinary term: a) 60 days.
  7. Only process which has detrimental effects to doing it and not what it takes: a) confession.
  8. It expresses the purpose of the measure of the time and place in which to practice: c) subpoena.
  9. As we consider the confession that clings to incompetent judge or will: c) court.
  10. If necessary, the practice site survey or gold operations research grant review requires the court to give the experts the time necessary to form and issue a trial which will be added to the Court this term will never exceed: c) 15 days.
Complete the Following Reagents
  1. Root, if the request is made before filing the lawsuit, in addition to the proof required by section 143, must give the actor: R – A bond to the satisfaction of the judge, responding to the damage to continue if no suit is filed.
  2. When applying for provisional sequestration, express the value: R – claim or thing that is claimed.
  3. When the protective order is issued by a judge other than the core business should know: R – will send the case to the judge.
  4. The assertion is therefore required to prove the plaintiff must prove their action and the defendant: R – exceptions.
  5. Term regular testing if you cannot exceed: R – 30 days.
  6. The special term trial would be granted if you get any out of state may be granted at least in any trial: R – injunctions.
  7. Term or the ordinary or the extraordinary may be suspended, but by mutual agreement between the parties or by: R – a serious reason, in the opinion of the judge, and under their responsibility.
  8. From the answer to the complaint till the final summons, any litigant is obliged to testify: R – under protest.
  9. A position which must be realized that is the subject of debate: R – the facts that are subject to debate.
  10. Whether that judge will appear in their presence: R – the statement of positions and tax them.
  11. Confessed shall be considered to articulate on the facts and positions that claim against them is not allowed: R – witnesses.
  12. Existing documents other than the department continues to compete at trial under: R – warrant.
  13. For faith in the state, make public documents in federal district or any other state in the republic that meet enough: R – formalities necessary for shipment.
  14. Request may be denied or subject to cast doubt on the authenticity of a private document: R – comparison of handwriting.
Open Questions
  1. Mention 3 circumstances that the judge will take into account to evaluate statements of witnesses:
    • That the witness is not incompetent for any of the grounds set out in art.269;
    • Because of their age, ability, and training, they have the necessary criteria for judging the act;
    • That their integrity, the independence of their social and personal background, is capable of complete impartiality;
    • The fact that the case is likely to be known by the senses, and the witness knows directly, by themselves and not by inducements or references to other people;
    • That the statement is clear and unambiguous, with no doubts or hesitation, and on the substance of fact, on the essential circumstances;
    • That the witness was not compelled by force or fear and driven by deception or bribery error. The award should not be deemed as legal force or intimidation;
    • That when asked in accordance with section III of Article 286, the witness stated clearly and precisely the time and manner in which they learned of the facts in their statement that contracts or reason or cause to be delivered to their knowledge.
  2. Who cannot be witnesses?
    • Those under 14;
    • The disabled because of mental illness;
    • The customary drunk;
    • The witness who has been declared false or convicted of a crime against property or falsity;
    • The gambler;
    • Relatives by consanguinity within the fourth degree, and by affinity within the second degree, unless the trial is about age, kinship, parenthood, divorce, or nullity of marriage;
    • A spouse in favor of another.
  3. Mention 4 legitimate grounds for disqualification:
    • The relationship of consanguinity within the fourth degree and affinity within the second;
    • Having served as an expert at a contrary trial;
    • Having a direct or indirect interest in litigation or other similar;
    • A stake in a society, community, establishment, or undertaking which is the object of litigation;
    • Enmity or close friendship;
    • Having been convicted of a crime against property.
  4. Mention 4 types of evidence that the law recognizes:
    • Judicial or extrajudicial confession;
    • Public or private documents;
    • Expert reports;
    • Recognition or judicial inspection;
    • Human testimony;
    • Photographs, and in general, all elements of a scientific nature that are capable of reproducing the judge’s logical conviction.