Libro Segundo · Título I · Capítulo V Sección Quinta. Reconocimiento Judicial

At any time during the proceedings, until before the day of the hearing, the judge may, on its own initiative or at the request of a party, conduct the judicial inspection. The judge may also do so as a measure for better ruling.

Persons, places and things of interest to the proceedings may be subject to examination.

Once examination has been requested, the judge shall direct the manner in which it must be performed; he shall set, at least three days in advance, the day and time at which it is to be conducted and shall in all cases endeavor to ensure its effectiveness.

Examination of persons, whether in cases of incapacity, kinship, illness or other similar cases, shall be conducted in a manner that ensures its results with the least possible physical or moral violence upon such persons, and may be carried out by the experts confidentially.

The parties and their attorneys may attend the inspection proceeding and orally make to the judge such observations as they deem appropriate.

The judge and the parties may be accompanied by trusted experts, who at the act of the inspection may orally state their points of view, if required by the judge.

The fees of the parties' experts shall be paid by them separately. Those of the expert accompanying the judge shall be paid by the party that requested the evidence. If the evidence was ordered by the judge, they shall be paid one-half by each party, without prejudice to the provisions of Article 171.

Witnesses may be examined in the same act of the judicial inspection, when this contributes to the clarity of their testimony, if the interested party has timely so requested and if the judge deems the conduct of the proceeding under such conditions to be appropriate.

If for the carrying out of the judicial inspection the material cooperation of one of the parties were necessary, and it should refuse to supply it, the judge shall warn it to provide it. If despite this its resistance should continue, the judge shall dispense with the performance of the proceeding, and may interpret the refusal to cooperate in the evidence as a confirmation of the accuracy of the assertions of the opposing party in that respect.

Of the result of the proceeding, the corresponding record shall be drawn up, which shall be signed by the judge, the secretary, witnesses, experts and by the other attendees who wish to do so.

If the judge deems it advisable, a notation of any result, consequence or fact that occurred shall be entered in the record.