Libro Quinto Título II. Acumulacion de procesos

Accumulation of proceedings is proper in the following cases:

1º.When various actions filed arise from the same cause, even when the persons litigating and the things that are the object of the actions are different.

2º.When the persons and the things are identical, although the claims are different.

3º.In general, whenever the judgment to be rendered in one trial must produce res judicata effects in another.

The consolidation of proceedings may only be ordered at the request of a party, except in cases in which in accordance with the law it must be done on its own initiative.

Consolidation of proceedings whose procedures are different by reason of their nature is not admissible; nor is it admissible in the case of single execution proceedings and in interdicts or when the proceedings are at different instances.

When the claim filed in proceedings is identical to another that has been filed before a competent judge, the persons and the subject matter in dispute being the same, the inadmissibility of the second trial shall be declared and the plaintiff shall be ordered to pay costs, damages and losses.

The accumulation of proceedings may be requested at any stage of the proceedings before final judgment is rendered.

The petition shall be filed before the judge who hears the oldest proceedings; but if any is being processed before a tribunal of higher hierarchy, the accumulation shall be made with respect to the one being processed before it.

Whoever requests consolidation shall state:

1.The Trial Court in which the proceedings to be consolidated are pending.

2.The persons who are interested parties therein.

3.The action asserted in each of them.

4.The object of each of the proceedings.

5.The legal grounds on which the consolidation is based.

The judge shall decide summarily the consolidation submitted to him and the decision issued shall be appealable before the Superior Tribunal. If the proceedings are pending in different tribunals, once the consolidation has been ordered, the judge shall send an official communication to the corresponding Tribunal or tribunals, so that they remit the case files to him.

If the judges hearing the proceedings whose consolidation is requested belong to different chambers, the Supreme Court of Justice shall hear the appeal.

The Tribunal hearing the appeal shall decide without further proceedings, within the period of twenty-four hours, unless it deems it necessary to bring before it all the proceedings whose consolidation is at issue.

From the time consolidation is requested, the conduct of the proceedings to which it refers shall remain suspended, without prejudice to the carrying out of precautionary and urgent measures.

The effect of consolidation is that the consolidated proceedings shall be conducted in a single set of proceedings and decided by the same judgment.

When the proceedings are consolidated, the course of the proceedings that is nearest to its termination shall be suspended until the other reaches the same stage, a note thereof being entered in the record.

The rule established in the preceding paragraph is not applicable to consolidations made to attractive proceedings, to whose procedure those consolidated therewith shall conform, which shall continue in a separate record.

Likewise, in the case of consignments of rents or pensions, they shall be consolidated with the main proceedings on its own initiative or at the request of a party, and if they are not accepted, they shall be decided in the judgment.

All acts performed by the competent judges before accumulation is requested are valid; any acts performed after such request has been made are void and give rise to liability, except as provided regarding precautionary and urgent orders.