Libro Segundo · Título I Capítulo I. Preparacion del juicio

Disputes for which no special procedure is prescribed in this Code shall be heard in ordinary proceedings.

The tribunals may, on their own initiative or at the instance of a party, summon the parties to conciliation at any stage of the proceedings.

If the parties reach a settlement, a record shall be drawn up signed by the judge or president of the Tribunal, as applicable, by the parties or their representatives duly empowered to settle and by the secretary. Thereafter, a decision declaring the trial terminated shall be issued and the record shall be ordered to be entered on its own initiative in the respective registries.

To prepare for the trial, the parties may reciprocally request from each other a sworn statement on relevant personal facts, as well as acknowledgment of private documents.

The rules relating to the statement of the parties and to the acknowledgment of documents shall be applicable to this proceeding.

The propounding party shall indicate in general terms, in the request, the matter to which the confession shall relate and shall enclose the interrogatory in a sealed envelope. Without fulfilling this requirement, the request shall not proceed. The judge shall rule on the admissibility of the questions upon opening the sealed envelope to take the statement.

When exhibition of documents is requested, the content of the document shall be indicated in general terms and it shall be proved that it is in the possession of the person required.

If the person obligated to exhibit the document does not present it within the term fixed for that purpose, or does not indicate the place where it is located, the content that the applicant for the measure attributes to it in his request shall be deemed proved against him.

A person who needs to prepare an action or render evidence may request the exhibition of accounting and commercial books, in order to establish the pertinent facts of interest to such person.

The judge may order that the examination of the books be carried out at the tribunal or at the domicile or office of the owner thereof, by a public accountant or auditor, who shall render his opinion to the tribunal.

The judge may order the exhibition or examination of accounting and commercial books, for better provision.

The provisions of the last paragraph of the preceding article shall be applicable to this proceeding.

If, once the exhibition of movable property and livestock has been ordered, the obligated party fails to exhibit them within the time limit set for him, the judge shall order the sequestration thereof, appointing a depositary.

If the sequestration cannot be carried out due to concealment or destruction, the judge shall provisionally fix the damage and losses, and the applicant may request that a preventive attachment be levied on other property of the required party.

The request for exhibition of documents, movable property or livestock shall be processed under the procedure for incidents.

Both the person who is to bring a claim and the person who plausibly believes that he or she will be sued as defendant may request before the claim that a judicial inspection be conducted of the things that will be the subject of evidence in the proceedings and that are likely to disappear within a short time limit.

The inspection may also be requested when the thing threatens ruin or evident deterioration, or when its preservation in the state in which it is found proves burdensome.

The inspection may be supplemented with expert evidence, if such evidence is appropriate, at the discretion of the judge. In such case, the procedure set forth for this means of evidence shall be followed.

To carry out this measure, notice shall be given to whoever is to appear in the proceedings as the opposing party and, if such person cannot be found, is indeterminate or does not exist, to the Public Prosecutor's Office, with a record being made of this circumstance.

It may be requested by the interested party, in the capacity referred to in the preceding article or when the law so provides, that the declaration of witnesses of very advanced age, seriously ill or about to leave the country be taken.

To receive such declarations, notice shall be given to whoever is to appear in the proceedings as the opposing party and, if such party cannot be found, is indeterminate or does not exist, the Public Prosecutor's Office shall be summoned.

The judge may, likewise, admit other anticipated evidence, in addition to that mentioned in this section, if he deems them opportune and conducive.

His decisions in this matter shall be appealable only insofar as they deny the measures requested.