Joaquin Plaza Rosso, attorney in conventional representation of Mr. Felipe Ossa Guzman and Claro & Co., … C 1036-2021, to this Court I respectfully state:
- I respectfully request that the procedure established in Article 336 of the Code of Civil Procedure be given to the request contained in the second addendum of the plaintiff’s presentation of Folio 94 which reads as follows:
“in accordance with the provisions of Article 329 of the Code of Civil Procedure, an extraordinary evidentiary period is granted, bearing in ming that the individual witnesses identified in numbers 1 [John Thornton], 2 [Peter Brady], 3 [Roy Leon] and 6 [Audrey Ho] of the principal are domiciled abroad.”
- I base this request on the fact that, to date, no extraordinary evidentiary period has been decreed within which the testimonial evidence requested by the plaintiff must be submitted, but various steps have been taken and presentations made to carry out such proceedings.3
- Given the procedure established in Article 336 of the CPC to the request of the plaintiff is intended to avoid future possible procedural nullities that could exist in the event of carrying out evidentiary proceedings after the ordinary evidentiary period has expired, as required by Article 329 of the CPC.4
THEREFORE,
To This Court, I respectfully request: to give the procedure established in Article 336 of the Code of Civil Procedure to the request contained in the second addendum of the plaintiff’s presentation of Folio 94.
3 By resolution of July 22, 2022 (Folio 98), the following was resolved regarding the Plaintiff's Petition "Given that there is a protocol to process international exhortos, the party must previously request such information to the mail of the coordinator of the Court.” The plaintiff complied with the order in Folio 98 by filing Folio 101 in which he requested "that the international exhorto be granted in the terms set forth above, referring the files to the Supreme Court." By resolution of August 8, 2022 (Folio 122) it was resolved to this effect "to provide the first and second addenda of folio 94, previously submitted with all the necessary data, the respective International Exhortation Form, which can be requested by mail. The plaintiff complied with the order on Folio 157 "by attaching the completed forms in the addendum of this document so that the international exhortation is authorized and then sent to the Supreme Court." By resolution of September 26, 2022 (Folio 158) it was resolved "irrelevant", since the submitted forms named the 3rd Civil Court of Santiago. By filing Folio 161, the plaintiff again complied with the order to Folio 157, attaching the required forms, "so that the international exhortation is authorized and then sent to the Supreme Court." By resolution of September 29, 2022, the order was considered fulfilled and it was ordered "for purposes of coordinating the sending of the international exhortation, communicate via email (Folio 164). By filing Folio 165, the plaintiff requested "to send the international exhortation to the Supreme Court to complete the testimonial evidence abroad", to which it was resolved, by resolution of January 24, 2023, "Prior to the respective shipment, communicate by email indicating mail and contact telephone number" (Folio 166). The plaintiff complied with the order on Folio 167, to which it was resolved "keep in mind the contact information, for an expeditious communication" (folio No. 172). On 17 August 2023, the plaintiff incorporated directly on the file the document "Annex to the Protocol". Additional to the Inter-American Convention on Exhortation" (Folio 197), to which it was resolved "To its records [...] In response to the letter requested on Folio 165, and the time elapsed, prior to sending said protocol to the Supreme Court, clearly indicate the place of destination, name of the witnesses to testify and their address" (Folio 198). The plaintiff complied with Folio 199. By resolution of September 4, 2023 (Folio 200), the order was considered fulfilled and on September 21, 2023, it was ordered, ex officio, "In order to give progressive effect to the orders, send the records to the Office of International Affairs, via interconnection" (Folio 201).
4 See CPC, article 329 ("When evidence is to be given in another jurisdictional territory or outside the Republic, the ordinary term referred to in the preceding article shall be increased by a number of days equal to that granted by Article 259").