Understanding Civil Procedure in Venezuela

Posted on Jun 19, 2024 in Law & Jurisprudence

Execution of Judgments

It’s important to note that only the execution of a sentence is sought, not necessarily the enforcement of all judgments. When enforcing receivables or discretionary rights, simply declaring the sentence suffices. This means not all legal processes are implemented.

Role of Lawyers

During the legal proceedings, lawyers should ensure the judge is aware of all relevant facts and that these facts accurately reflect the procedural reality. The libel, the document upon which the process is based, should adhere to the essential procedural formalities outlined in Article 340 of the Venezuelan Civil Procedure Code (CPC). This includes the choice of judge, identification of parties involved, the object of the case, and the factual and legal arguments presented.

Plaintiff’s Responsibility

The plaintiff bears the burden of clearly defining their claim. This is crucial for the lawsuit to proceed effectively, involving both the defendant and the court. The plaintiff must:

• Identify the parties completely (full names, addresses, and any relevant roles).
• Specify the court where the action is to be brought.
• State the cause of action (reason for the claim), including facts that occurred before and outside the current legal proceedings.

Supporting Documents

While presenting supporting documents is not a prerequisite, they serve as evidence. The judge may set a specific timeframe for providing these documents. Justification for the claim is essential, and these documents, while not procedural forms, play a role in the evaluation of the case.

Situations where document presentation might be omitted:

1. When the document is a matter of public record, accessible to all parties.
2. When the document is generated after the lawsuit is filed (lacking practical use as it cannot assert pre-existing rights).
3. When a previous document exists, but its whereabouts are unknown.

Judge’s Role and Admission of the Claim

The judge, upon request, must decide whether to admit the claim. This decision, a manifestation of the judge’s will, can be appealed if deemed contrary to public order or morals. The judge must provide justification for their decision.

The certification process includes a copy of the complaint, the order admitting the claim, and the case’s location. The demand, a procedural act by the plaintiff, initiates the lawsuit, seeking the court’s intervention to protect collective interests and enforce the claim against the opposing party.

Prescription and Limitation

Distinguishing between prescription and limitation is vital. Prescription rules, safeguarding public order, are outlined in Article 49 of the Venezuelan Constitution and are devoted to defense. In contrast, Article 215 of the CPC addresses technical norms for limitation. Citation is a crucial formality in the legal process. Primarily, it informs the defendant of the claim and initiates the notice period.

Exceptions to Summons Delivery

Exceptions to delivering the summons exist when the defendant is engaged in a religious act or performing a public function. The defendant must sign a receipt acknowledging the summons. If personal delivery proves impossible, the CPC outlines alternative methods, ensuring the defendant is informed through court appearances or other means.

Summons by Mail and Other Methods

The CPC allows for summons by mail only after exhausting attempts at personal delivery and only when dealing with a specific individual. Penalties exist for company officials refusing to sign for such summons. If the defendant remains unreachable, other methods include posting notices at their home, office, or business, and publishing a notice in newspapers. These notices must contain the parties’ full names, the claims, the summons’ timeframe, and a warning about potential consequences of non-appearance.

Timeframes and Notifications

The timeframe for appearance is typically between 30 to 45 days, as determined by the judge. Evidence presented must adhere to formalities, and press copies should be included in the case file. When multiple defendants are involved, notification should occur within 18 days. If one defendant is deceased with unknown heirs, a specific procedure is followed, involving public notices and a waiting period for potential claimants.

Previous Issues and Plaintiff’s Requirements

Previous issues, raised as defenses by the defendant, address procedural concerns that must be resolved for the lawsuit to proceed. These issues do not delve into the case’s merit but focus on technicalities. Ordinances 1 through 8 of the CPC outline essential requirements for plaintiffs, while 9 to 11 address the plaintiff’s rights. These requirements include:

1. Proper court of appeal with appropriate jurisdiction.
2. Subjective ability of the claimant (legal standing or proper representation).
3. Legitimization of the agent representing the plaintiff, ensuring they possess the legal capacity and authorization to act on the plaintiff’s behalf.
4. Correct identification and summoning of the defendant’s legal representative.
5. Provision of a bond or security, particularly when the plaintiff is domiciled abroad (exceptions apply in labor, shelter, and criminal cases).
6. Clear and compatible claims, avoiding improper joinder and ensuring all claims adhere to Article 340 of the CPC.
7. Addressing any existing conditions or terms related to the debt, including precedent or resolutory conditions and payment deadlines.
8. Resolving any preliminary questions or issues in a separate trial if they do not directly impede the current lawsuit’s procedural progression.
9. Ensuring the claim is not time-barred, as expiration of the statute of limitations is a matter of public order.
10. Addressing any expropriation issues related to public utility and security rights, ensuring fair compensation is included.

Defendant’s Response and Timeframes

The defendant has a specific timeframe to respond to the claim, typically 5 days after the expiration of the initial notice period. During this period, the defendant can cure any defects in the demand, such as providing proper representation or documentation. If the defendant fails to respond within the allotted time, the plaintiff’s claims are typically admitted.

Demurrer and Answering the Complaint

The defendant can file a demurrer, stating facts that counter or extinguish the plaintiff’s claims. The answer to the complaint can take various forms, including:

1. Total or partial denial of the plaintiff’s allegations.
2. Claiming lack of possession of private documents relevant to the case.
3. Invoking previous questions as outlined in Ordinances 9, 10, and 11 of the CPC.
4. Filing a counterclaim against the plaintiff.
5. Calling upon a third party to join the lawsuit, as stipulated in Article 370.4 and 370.5 of the CPC.
6. Rejecting the estimated amount of the claim.
7. Admitting to some of the plaintiff’s allegations while denying others.

Evidence and Trial Procedures

Following the defendant’s response, both parties have a timeframe to present evidence. The judge plays an active role, clarifying any obscure or doubtful points. The Venezuelan legal system emphasizes the importance of evidence in proving or disproving claims. Both typical and atypical evidence can be presented, with the judge ultimately deciding on its admissibility and relevance.

Sentences and Their Effects

The sentence, a legal mandate issued by the judge, represents the culmination of the trial. It can be final, deciding the case’s merit, or interlocutory, addressing specific issues during the proceedings. Sentences must adhere to specific requirements, including clarity, accuracy, and justification based on presented evidence and legal arguments. Errors in the sentence can lead to nullity or appeals.

Appeals and Res Judicata

Parties dissatisfied with the sentence can file appeals. The concept of res judicata prevents re-litigating a case already decided by a competent court. This principle ensures legal certainty and prevents endless litigation. However, specific conditions must be met for res judicata to apply, including the identity of parties, cause of action, and subject matter.

Costs and Conciliation

The losing party typically bears the costs of the lawsuit. These costs are assessed and collected through a formal process. Parties can challenge the assessed costs if deemed excessive. Conciliation, facilitated by the judge, offers an alternative dispute resolution mechanism, allowing parties to reach a mutually agreeable solution and potentially avoid a lengthy trial.

Conclusion

s of the parties.
If you argue with the lack of jurisdiction to the 3 day will run after the affirmative determination or receipt office of the cause. If you oppose the other previous questions and do not contradict the trial ends, declared with the previous questions instead of 1-8 there is no appeal, if the 8 and up should address services if the trial is over.
10 is the expiration, is set in those matters where there is considered estqado interest (this being of public order) An appeal from an interlocutory or final decision has two effects (suspension or returnable);
Incidents as opposed to CP 1,2,6: 1 all judges exercise the judicial function, but each does so depending on their competence, which is determined according to various criteria, this is asserted cp: lack of jurisdiction legitimacy to resolve case as a judge;
The assumptions that may oppose the lack of jurisdiction: 1 .- controversy porq no jurisdiction falls to cause a foreign judge 2.-when referring to property that is outside of Venezuela (both can declare office) 3.-when so declared by law 4.-parties by express agreement may provide that in case of any dispute these are made known an arbitration judge for his decision, this is a way to exclude the ordinary judge transfer of certain powers to the judge arbitration (arbitration agreement) 5 .- If the dispute should be resolved by an administrative body art 59 (referred to by the Parties shall consult with the Political Administrative Chamber), 74 (a declaration without hearing arguments) 75 (declared is immediately passed the case to the judge or competent court and then the trial will be given 3 days after received);
the probationary period is generated immediately after placement (15 days) The answer is the defendant’s procedural act by which exercise the right of defense and gives his response to the claim in the lawsuit contesacion delitita the object and discussion threads.
The counterclaim is the claim that the defendant asserts against the plaintiff with the answer in the pending proceedings based on the same or different title than the actor to be resolved in the same process by sentence. (Answering 5th day dismissal admitted;
1.-If the dispute is generated on any legal dispute will not be required (questioning the very right) art 388 cpc site (20 days clearance)-A probationary period 15d;
3 .- when the parties agree that the dispute is decided solely of the right or only with the evidence or documents they have brought their claims under (depending on the allegations and the nature of the controversy such bill of exchange) or present to the reports.
4 .- when the law says the evidence is admissible only instrumental, which in almost all must be submitted to the act of informes.o when the substantive rules governing the birth or termination of modi do.
Necessarily require the opening of such probationary period divorce one party alleges the sentence to imprisonment of a spouse, in such cases must necessarily prove the allegations of final decision.
Probationary period (15d) -> Reporting (3d) -> auto judge to exclude evidence of (3d) The means test may have the parts are typical (sanctioned by the legislature) and atypical (which the parties and the judge considers to be necessary and sufficient to prove the facts and are not contained expressly in order jdco).
the answer is a procedural act that aims to produce certain effects on the process is one way of exception that has sued, claiming that the facts and law underlying the applicant are correct.
If they invoke previous questions to the defendant shall answer to the complaint, otherwise when, as alleged HAVE been dismissed, the answer will take place … This reply should be in a term established by law according to the procedure in question This period is called a site.
may claim lack of interest or quality of the plaintiff or defendant to trial and try to hold the matters referred to in 9.10 and 11 ordinal CP when CP had been proposed;
If I did not reply within the time indicated it shall be admitted in case you do not contrary to the plaintiff’s complaint, once the probationary period without the defendant shall be final.
the procedural requirements are for the process to proceed effectively. The demurrer to state facts constituting, hold back or extinct alleged against the applicant’s claim.
Of all the above elements can be regarded as not all answer to the complaint: 1.-total or partial denial 2 .- the lack of private documents, it is something you can do in response to the application but it is not merely what is this act.
4 .- CP 9, 10, 11: these assumptions may be invoked when there have been proposed as 5 .- CP counterclaim: it is what is colloquially called counter-6.-called third: 370.4 in cases where there is community two such vehicles with two owners and one of them demand.
370.5 in the case of sanitation or guarantees (personal or real) 7.-rejection amount estimation: no reply 8 .- conviction: when is attacking not total the claim is admitted fact alleged by plaintiff and do not unique to the defendant.
should also point out what the facts are proved by those seeking media have 15 days to promote testing and 3 days after the end of the promotion to the contrary if it is expressed in some of the facts that the other party tries to prove, if not do you consider all the facts contradicted, can also opornerse the admission of evidence as manifestly irrelevant or illegal.
1 .- devolutive, is to transfer knowledge of the dispute resolved by chief judge (this effect always occurs) sec professor procedural rules are procedural and not substantive so the court must apply when they enter into force.
(Expertise as a kind of test) to better provide Car: probation period ended automatically judge will be able to appear for either party for questioning about what seems obscure or doubtful;
(1400-1405 cc) tests: the activity of the parties intended to create in the judge’s conviction of the truth or falsity of the facts alleged in the complaint or protest.
Lops facts considered cone events or circumstances, past and present the outside world and human mental life that do budget has become a legal effect.
The burden of proof: As this process in the presence of a device the burden of proof is unique to the parties, the judge has the obligation to decide according to what is alleged and proved by them, unable to take off items of evidence cars.
q if the parties can provide evidence to seek and adduce any degree of process q is always an interest to set penalties for non-delay testing consigacion these special periods. When tests are ordered ex officio by the judge or provide better post-termination period is the sole initiative of the judge alone if necessary, does not accept challenges.
Tacha of falsifying documents, many businesses are simulated jdcos (situations that are shown by public records and try to avoid legal conflicts with the simulation).
Both public and private documents are incorporated full faith in them do (no probative value lost by the simulation)-acts that people claim they made against an official or official acts that claim to have seen perform.
Otherwise you can not do it later, if I mention existence of this but had not physically if you can so later in the act of reporting, these are the only ones that can be presented on appeal.
The exhibition documents: refers to documents that can be public or private, this written request in the promotion of evidence that the defendant exhibited certain document;
Whoever claims the show has 2 ways to prove that a document is in possession of the party presenting the 1.-2 .- copy of critical data indicate the document to know which instrument you are referring who requests it;
The sentence is the individual legal mandate and concrete (judicial protection of the interests within the limits assigned by the standard) set by the judge through the process in which to accept or reject the claim that is asserted in the complaint;
They are classified according to their position in the process: 1 final, issued by the judge the merits of the dispute at the end of the process, accepting or rejecting the claim of the plaintiff;
The interlocutory appeal when they produce some irreparable harm and 2 .- declarative sentence, constitutive and dispositive or determinative (q are those dictated by the judge in the jurisdiction of equity).
Need matching the sentence with the claim is dominated by the first device (the judge is unrelated to the investigation of the truth of the initiative and the agreements of the parties) is to examine and consider all elements of the claim q the test used to decide whether those made by the parties.
Inherent requirements (specified by the court, parties and attorneys, clear and accurate summary of the terms set terse to the dispute, the reasons of fact and do, express decision positively and accurately in accordance with the claim and the objections of the defense, determination the thing about falling sentence q) must consist of 3 parts expository or narrative (indication of the parties, the problem to decide and the answer), motivation (do arguments of fact and the judge based his decision) and the decision (decision itself expresses a positive and accurate according to claim deduction, determination of the thing upon which rests).
The formal requirements of form extrinsic (external expression of the will of the court without which it comes into existence and autonomy in the world jdco) deliberation (time of consideration), documentation (is writing and present written attestation and date signatures of members of the court) and publishing (effectiveness, is interlocutory concideran eficiestes pronounced part of the file to be definitive but are effective to be made public which makes running periods.) must be accompanied by a statement on behalf of the republic Venezuela, justice is administered by the authority of the law (judicial practice that can amount to a formality) appropriate inclusion in the statement.
When the sentence does not contain all the intrinsic elements (nullity) and extrinsic (no) is said to be flawed. Procendo errors in the activity of the judge and those resulting from an unjust sentence (errors in iudicando) The absence is the failure by the court requirements extrinsic form of the sentence, without which the existence or not acquire autonomy in the legal world (not occurred or have signed judges called all), no date.
The nullity is the failure by the court of the inherent requirements of the sentence so without whom this is not consistent with the claim process, it does not contain an indication of the court pronounces q neither the parties nor the clear sistesis terms that the controversy has been raised by the parties.
Because of the lack of congruence between sentence and the claim and the objections when supplies not raised as when you stop to consider them, are not incurred when the judge knows the law applies two doctina jurisprudence or not submitted by the parties.
As of acquittal instance if not supplied all the conviction to decide the case in abeyance giving free the defendant the opportunity to reconsider the lawsuit with new elements.
To dismiss the request is not absolution for not decide when they contradict merit and can not run for lack of foundation or motivation to express the basis of facts and do in q fundam their decision must be absolute lack of grounds.
wrong reasons: partial or total total if q is true when no grounds iudicando error in can only be paid for by nva appellate decision contradictory reasoning are mutually exclusive and impossible to execute).
Being subject to conditional realization of future and uncertain event is invalid because it contains ultra petita do have declared the party q beyond what has been the subject of the claim or litigation or extra petita when the judge decides on something other than the demand) and ultra grants over the request.
The correction of the sentence is the judge the authority granted by law to remedy parte doubts material errors or omissions or additions of the same fault within 3d after publication d d requested public or next day.
The complementary expertise of the expert opinion ruling ordered by the judge in the final sentence of condemnation q estimate how much fruit, interest, damages or compensation of any kind when the judge can not be estimated according to evidence effects of the sentence: the extent and limits of res judicata are determined by the statement that the underlying theories are several first the effect of the sentence that links it with the statement of recognized do.
Another that is considered as the material effect of the thing j: a substantial effect of the sentence that causes birth do subjective loss recognized and denied that challenged the unjust sentence.
Procedural theory denies all influence the final decision on the material and go do the essence q judge future is bound by the declaration of the sentence and forced to decide same cause in the same direction.
Carnelutti speaks of the material (the immutability of the purposes of sentencing and not subject to any future process resources on the same object) is law between the parties to the disputes determined limits and is binding on all future and formal process ( is the immutability of the sentence for the foreclosure of the resources) any judge may decide again controversy already decided by a court unless there is an appeal against her or the law expressly permits.
Not always the material (binding in future cases) results from the formal (preclusion of challenges) objective limits of res judicata: the act is a quality statement of objectives (and cause petendi thing) subjective (people with acting and character ) identity of person, cause and thing.
Another example of non bis in idem effect of the process is costrasy conviction is a sentence imposed by the judge accessory to fully overcome in the process to compensate the winning cats that caused the process is measured between damage redress and action is imposed by due trial and at the same incidence.
As for costs remains firm proceeds to the valuation (determination of concrete and precise) and summons (requiring payment) thereof to the party ordered by the judge’s order that must be met by sheriff.
The party may appeal to court to challenge reassessed the estimated fees as excessive disclaims pay 30% of the value of the litigated.
Nature is a statement of assurance business, in order to establish certain relations themselves jdcas, autonomy will prevail in matters where the parties may have, should have the declaration of approval by the judge effectiveness declarative (as are about the same object) or constitutive if reciprocal concessions or extinguish a mod are different from the q ratio was subject to litigation.
Prof bases its criteria on which the judge all he does is to convene the conciliation to persuade the parties to reach reciprocal concessions held at the conciliation itself can not be considered a way of how to end the process. While the figures of compulsion bilateral withdrawal process may result in different situations (before or after the citation).
Conciliation is the convention or agreement reached by the parties through the mediation of the judge during the trial that ends the litigation and has the same effect as the final judgment.
The waiver and agreeing on demand are the equivalent unilateral withdrawal is the unilateral declaration of will of the actor for which this waiver or leaves the pretentious has asserted in the lawsuit without the consent of the counterparty;
the withdrawal is possible at any stage of the proceedings until he has completed and should refer to the claim in full and expressly in the case file is irrevocable and requires approval of the judge, is no homolog on merit and has no value res judicata.
The agreed demand is the flattening of demand is fully accepted the allegations made by actor and his pretense is a voluntary unilateral declaration without approval of the other party.