Libro Segundo · Título I · Capítulo V Sección Primera. Parte General

If there are disputed facts, the proceedings shall be opened to evidence for a term of thirty days.

This term may be extended by ten more days, when without fault of the interested party the evidence requested in time could not have been taken.

The request for extension shall be made at least three days before the ordinary term concludes and shall be processed as an incident.

When in the claim or in the answer evidence has been offered that must be received outside the Republic and is legally admissible, the judge, at the request of any of the parties, shall set a sufficient non-extendable term according to the cases and circumstances, which may not exceed 120 days.

The extraordinary term shall begin to run together with the ordinary term.

The evidence term shall be declared expired if the evidence offered by the parties has been taken or when they by common agreement so request it.

The parties bear the burden of proving their respective propositions of fact.

Whoever seeks something must prove the constitutive facts of his claim; whoever contradicts the adversary's claim must prove the extinctive facts or the impeding circumstances of that claim.

Without prejudice to the application of the preceding rules, the judges shall assess, in accordance with what is established in the following article, omissions or deficiencies in the production of the evidence.

The judges may reject outright those means of evidence prohibited by law, those that are notoriously dilatory, or those proposed with the purpose of hindering the regular progress of the proceedings. The decisions rendered in this respect are unappealable; but the non-admission of a means of evidence at the time of its proposal does not preclude, if protested by the interested party, its admission by the tribunal hearing on Second Instance, if applicable.

Incidents relating to evidence do not suspend the evidentiary term, except with respect to the diligence giving rise to the dispute.

The tribunals, save statutory text to the contrary, shall assess the merits of the evidence in accordance with the rules of sound criticism. When rendering judgment, they shall discard evidence that does not conform to the points of fact stated in the claim and its answer.

The means of evidence are:

1.Declaration of the parties.

2.Declaration of witnesses.

3.Opinion of experts.

4.Judicial inspection.

5.Documents.

6.Scientific means of evidence.

7.Presumptions.

Evidence shall be received with notice to the opposing party; and without this requirement it shall not be taken into consideration.

For evidentiary proceedings, the day and time at which they are to be conducted shall be set and the opposing party shall be notified at least two days in advance.

Evidence shall be taken in private when, due to its nature, the Tribunal deems it appropriate.

The judge shall preside over all evidentiary proceedings.