Libro Segundo · Título I · Capítulo V Sección Segunda. Declaracion de las partes

Every litigant is obliged to declare, under oath, at any stage of the trial in First Instance and until the day before the hearing in the Second Instance, when the opposing party so requests, without thereby suspending the course of the proceedings.

For the declaration to be valid, it must be made before a competent judge.

The same party may not be asked more than once for positions on the same facts.

Whoever is to answer interrogatories shall be summoned personally, no later than two days before the date set for the proceeding, under warning that if they fail to appear without just cause, they shall be deemed confessed upon motion of a party. To order the summons, the sealed envelope containing the list of interrogatories must have been filed, which shall remain under seal in the Secretariat of the Tribunal.

Except in the case of Article 138, the impediment referred to in the preceding paragraph must be alleged before the judge makes the declaration of confession.

The parties are obligated to answer interrogatories personally when so required by the party propounding them, or when the attorney-in-fact is unaware of the facts.

It is permitted to propound interrogatories to the mandatary who has a special clause to answer them, or when they refer to acts performed by him in the exercise of the mandate.

The assignee is deemed attorney-in-fact of the assignor, for purposes of the preceding paragraphs.

If it is requested that a juridical entity whose legal representation is held by several persons answer interrogatories, said entity shall designate the person who must answer them.

For minors, their legal representatives shall render the declaration. However, in the case of persons over sixteen years of age, the propounding party may request that the proceeding be conducted with the minor in the presence of their legal representative.

If the person who must answer interrogatories is outside the place of the trial, the judge shall commission the corresponding tribunal to carry out the respective proceeding, enclosing the sealed envelope.

Positions shall address personal facts of the answering party or knowledge of a fact, expressed with clarity and precision and in affirmative form.

Each position must address a single fact. Two facts may be included in the same question when they are closely related. Questions must refer to facts in dispute in the proceedings.

The judge shall be scrupulous in compliance with this provision.

The person obligated to declare shall do so in accordance with the following formula: "Do you promise under oath to tell the truth in what you are asked?"; and shall answer: "Yes, under oath, I promise to tell the truth."

The penalty relating to perjury shall next be made known to the person.

Once the oath has been received, the judge shall open the sealed envelope and qualify the questions, asking those that meet the requirements of the preceding article.

If several persons are to declare pursuant to the same interrogatory, the proceedings shall be conducted separately and one after the other, preventing those who declare first from communicating with those who are to declare later.

If not all those summoned appear, the proceeding may be carried out with those who attend, if the proponent so requests, and the proponent may request a new proceeding for those who have justified their non-appearance to declare, by submitting a new interrogatory in a sealed envelope.

Answers shall be affirmative or negative; and the person giving them may add such explanations as he deems appropriate, or such as the judge may request of him. If he refuses to declare in this manner, the judge shall hold him as confessed, if he persists in his refusal.

The declarant shall answer the questions orally, and the litigants and their attorneys may attend the proceeding; but they are prohibited from making indications of any kind to the declarant and shall limit themselves to objecting to the illegalities they observe and to requesting the judge to clarify the question when it is confusing. An attorney who in any way suggests the answers or makes indications to the answering party shall be expelled from the judge's office.

The answering party may not use any draft of answers, but he shall be allowed to consult in the act notes or simple memoranda, when in the judge's discretion and upon prior qualification, they are necessary to aid memory.

The party that offered the evidence may present other questions, which the judge shall qualify before directing them to the answering party in the same proceeding.

Once the positions have been answered, the answering party in turn has the right to direct other questions to the propounding party, for which purpose he may require, with at least twenty-four hours' advance notice before the date set for the proceeding, that the latter be present. And the proceeding shall not be held if the propounding party fails to appear and the answering party so requests.

The Tribunal may freely request from the parties such explanations as are conducive to clarifying the facts and circumstances giving rise to the declaration.

Records shall be drawn up of the statements of the parties, in which shall be recorded the personal identification data of the answering party, the oath taken and the answers relating to each question, preserving insofar as possible the language of those who have testified. In the record it shall not be necessary to insert the questions before the respective answers.

The record shall be signed at its end and in the margin of the sheets preceding the last one, by those who participated in the proceeding, after having read it themselves if they wish to do so or after it has been read to them by the secretary. If they do not know how to sign or do not wish to sign, that circumstance shall be recorded.

When the declarant adds or corrects anything after the proceeding has been read, the judge shall decide what is appropriate regarding the corrections to be made in the record. Once the statements have been signed, they may not be altered either in substance or in wording.

If the declarant refers in their answers to the entries in their books, they shall be deemed part of those answers, if the party who propounded the interrogatories does not prefer that a reasonable period be granted to the declarant to answer after having consulted them.

In case of legally proven illness of the person who must declare, the tribunal shall go to the domicile or place where such person is located, where the proceeding shall be carried out in the presence of the other party, if the latter attends; unless the condition of the ill person prevents such person from declaring, in the opinion of the judge.

For such purpose, the interested party shall justify his nonappearance two hours in advance of the time set for the holding of the proceeding; unless due to the suddenness of the illness it was impossible, in the opinion of the judge, in which case the procedure provided in Article 131 shall be followed. Otherwise, he shall be declared confessed at the request of a party.

A confession legally rendered produces full evidence. Assertions contained in an interrogatory referring to personal facts of the questioning party shall be deemed a confession by the latter.

A party declared confessed may render evidence to the contrary.

An extrajudicial confession shall be considered only as a beginning of evidence.

A confession lawfully made concerning the facts on which the plaintiff's claims are based terminates the proceedings; and the judge, at the request of a party and without further formality, shall render judgment.

When the confession is not made upon answering interrogatories, but in the claim or at another stage of the proceedings, the interested party may request ratification and ratification shall be ordered.

Once effected, the confession shall be perfected.

The summons shall be issued under warning that if attendance at the hearing is omitted without just cause, ratification shall be deemed consummated.