Libro Segundo · Título I · Capítulo V Sección Sexta. Prueba de documentos

The documents attached to the writings or those whose addition is requested as evidence may be presented in their original, in photographic copy, photostatic copy, or photocopy, or by any other similar procedure. Documents issued by a notary may be presented in legalized simple copy, unless the law expressly requires a testimonio. Photographic and similar copies that reproduce the document and are clearly legible shall be deemed reliable absent evidence to the contrary.

If the judge or the adversary so requests, the original document must be exhibited. A document submitted by a party as evidence shall always prove against that party.

All kinds of documents may be submitted, as well as photographs, photostats, photocopies, radiographs, maps, diagrams, tracings and other similar items.

Letters addressed to third parties shall not be admitted as a means of evidence, except in matters relating to the civil status of persons, collective execution and in proceedings by or against the State, the municipalities or autonomous or decentralized entities.

At any time in the proceedings the judge, on its own initiative or at the request of a party, may order the comparison of a copy with the original, either by himself or through experts.

In this case, and as an exception, he may order that the records, archives or protocols be brought into his presence. The party interested in the diligence or both if the judge so orders, shall defray the expenses occasioned by the transfer, which the judge shall fix prudentially in a non-appealable manner.

Documents torn, cancelled, burned or scraped in a substantial part have no probative value.

Nor do documents have probative value in the part in which they have been amended or interlined, if the amendment or interlineation was not validated before the signature of the author, or of the grantor and of the authorizing officer of the document, as applicable.

When partial certification of a document is requested, any of the interested parties may request that, at its expense, a full transcription or account of the document or of the part of interest to it be made. The transcription must be complete when the authority or public official issuing it considers that the omitted part affects or supplements the fact or act to be recorded.

When the parties must make use of documents that are in the possession of third parties, they shall request the judge to order them to deliver the originals, a photographic copy, photostatic copy, photocopy or transcription authorized by a notary, at the petitioner's expense.

Third parties may refuse delivery in cases in which they have an exclusive right over the documents.

In cases of unjustified refusal, third parties shall be subject to payment of the damages and losses that they may cause to the party interested in submitting the evidence.

The party that must make use of a document which, according to its assertion, is in the possession of its adverse party, shall submit a copy thereof or, at minimum, the data known concerning its contents. It shall likewise prove that the adverse party has or has had the document.

The judge shall order that the opposing party be required to deliver the document within a time limit to be set by him, under warning of making one of the declarations referred to in the following paragraph.

If the document is not delivered and no counter-information is produced by the holder thereof, the judge shall decide the matter by declaring:

a)That the text of the document mentioned by the party that requested the measure shall be deemed accurate; or

b)That the data furnished concerning the contents of the document by the party that requested the measure shall be deemed accurate in the judgment.

If the evidence concerning the existence of the document in the possession of the party is contradictory, the judge shall reserve his ruling until the time of the final decision, at which time he may draw from the statements of the parties and from the evidence submitted such presumptions as his prudent discretion may advise.

The judge, ex officio or at the request of a party, may request from any public office or banking institution written information relating to acts or documents of those offices that is necessary to incorporate into the proceedings.

The party wishing to submit a private document to the proceedings may, if deemed advisable, or in the cases in which the law so establishes, request its recognition by the author or by his successors.

If the document was signed by an attorney-in-fact or legal representative, the representative or the represented person may be summoned interchangeably.

Recognition of documents may also be effected through an attorney-in-fact with special authority.

If a person who does not know how to sign or is unable to sign had another person sign for her, both persons shall effect recognition. In any case, the recognition made by the obligor shall suffice.

The private document may be recognized by the heirs of the decedent; but recognition made by one heir does not prejudice his co-heirs.

The person who is to acknowledge a document shall be summoned no later than two days before the date set for the proceeding, under warning that if he fails to appear without just cause, the document shall be deemed acknowledged at the request of a party.

Judicial acknowledgment may be conducted jointly with the proceeding for the declaration of the parties.

The denial of a signature that is later proved to be genuine shall subject its author to the liability provided for in the Penal Code.

Documents authorized by a notary or by a public official or public employee in the exercise of his office produce faith and constitute full evidence, save the right of the parties to challenge them for nullity or falsity.

The other documents referred to in Articles 177 and 178, as well as private documents that are duly signed by the parties, shall be deemed authentic except for evidence to the contrary.

Challenge by the adverse party must be made within the ten days following notification of the decision admitting the evidence.

However, private documents shall only produce effects against third parties from the date on which they were recognized before a competent judge or legalized by a notary.

The party challenging a public or private document submitted by its adversary shall specify in its pleading, with the greatest possible precision, what the grounds for the challenge are.

A separate record shall be formed with said pleading, which shall be processed in accordance with the procedure for incidents, the decision rendered being appealable. If the challenge to the document has not been decided upon expiration of the evidentiary period, the judge may suspend the principal proceedings until the decision on the incident, if the judge deems it fundamental to the judgment.

If, upon resolution of the challenge incident, the document is declared wholly or partially false, the original record or a certification of the relevant part shall be remitted to the respective judge of the criminal jurisdiction. Criminal proceedings for falsity shall neither stay nor modify the conclusions of the civil proceedings.

If a private document is challenged by the person to whom it is attributed, the latter may request that a handwriting comparison be conducted by experts, indicating the undisputed documents with which the comparison is to be made.

In the absence of suitable means and in the judge's discretion, on its own initiative or at the request of a party, the person to whom the document is attributed may be required to write and sign in the act what the judge dictates, or to affix their fingerprint if such be the case for not knowing how to sign. If such person refuses to do so, the disputed document shall be deemed authentic.

Accounting and commercial books constitute evidence against their author.

If the proceedings are between merchants, books kept in accordance with the law shall be probative in trial.

If there is divergence between the litigants' books, the judge shall assess them in accordance with the remaining evidence that is produced.

Books kept in accordance with the law constitute evidence against the non-merchant litigant, but admit evidence to the contrary.

Once this evidence is requested, the procedure established in Article 100 shall be followed.

Documents executed abroad shall produce their effects in Guatemala, if they meet the following requirements:

1º.That in the execution the forms and solemnities established in the country from which they originate were observed or they were executed before diplomatic or consular officials in accordance with the laws of this Republic.

2º.That the act or contract is not contrary to the laws of Guatemala.