Availability of Verdict on website[This seems oh so familiar.]
Alvaro Vives Martens, attorney, in conventional representation of Mr. Felipe Ossa Guzman and Claro & Co … C 1036-2021, to this Court I respectfully state:
Within the deadline and in accordance with the provisions of Article 348 of the Code of Civil Procedure, I respectively solicit the Court to receive for submission a notarized copy certifying the availability of the judgment of November 18, 2015, issued by the 2
nd Court of Letters of Vallenar C 719-2011 (the “Judgment”) in the electronic record of civil admission of No. 39-2016 filed at the Court of Appeal of Copiapos (the “Notarial Act”), with citation.
In his lawsuit, Mr. Jorge Lopehandia affirmed that Mr. Felipe Ossa Guzman would have incurred a falsehood by indicating that he would have obtained the Verdict from the Judicial Website. The plaintiff bases his accusation on the fact that allegedly that verdict was not, nor is it currently, available on the website of the Judicial Branch. However, contrary to what was alleged by the plaintiff, Mr. Felipe Ossa Guzman declared the truth regarding the availability of the Verdict on the Judiciary website.
In the resolution of July 8, 2022 (Folio 93) that received this case on trial, the following was established as a pertinent, substantial and controversial fact:
3. Truthfulness that Mr. Felipe Ossa Guzman incurred a falsehood about the following points in his affidavit of May 31, 2017: (e) the fact that the verdict issued by the 2nd Court of Letters of Vallenar in case C 719-2011 was available on the Judicial website at the time of preparing the affidavit.
The Notarial Act accredits, in an undoubted way, that the Verdict is available on the Judiciary website – specifically, in the electronic file of the civil admission No. 39-2016 of the Illustrious Court of Appeals of Copiapo – since before the signing of the affidavit of May 31, 2017. In fact, the Notarial Act explains that, in order to find a copy of the Verdict, it was sufficient to access the file of the second instance of the process within which it was pronounced (that is, to the civil admission No. 39-2016 filed in the Illustrious Court of Appeals of Copiapo). The certifying Notary states:
- He accessed from his internet browser the official website of the Judiciary (Fig #1)
[Fig #1 is a screenshot of the homepage of the OFICINA JUDICIAL VIRTUAL.]
- From there, he went to the section “CONSULTION CAUSES” (Fig #2)
[Fig #2 is a screenshot of the Consultation of Causes webpage.]
- He filled out the fields with the information for the civil admission No. 39-2016 of the Illustrious Court of Appeals of Copiapo, and entered the electronic file (Fig. 3)
[Fig #3 is a screenshot of the completed electronic form to search for 39-2016.]
- He accessed the Ebook function, to display all the contents of the second instance electronic file (Fig #4); and
[Fig #4 is a screenshot of the relevant section of the Ebook.]
- Between pages 24 to 42 of this file, the Verdict is available.
Moreover, Annex No. 2 (Page 3) shows that the electronic file is dated January 28, 2016 and that the last recorded movement – the action that accounts for the return of the file to the court of origin – took place November 2, 2016. Therefore, at least on the last date, the complete copy of the electronic file of the civil admission of No. 39-2016 filed in the Illustrious Court of Appeals of Copiapo in which the Verdict is located was already available on the Judicial website. And, as this Court will understand, that date is prior to the affidavit of Mr. Felipe Ossa dated May 31, 2017.
***
In conclusion, the Notarial Act demonstrates, in an undoubted way, that (i) the Verdict issued by the 2
nd Court of Letters of Vallenar in case No. C 719-2011 is available on the Judicial website; and (ii) this has been the case since at least November 2, 2016 and, therefore, since before the preparation of the affidavit questioned by the plaintiff (May 31, 2017).
THEREFORE,
I respectfully request this Court: to bear in mind the above and the submitted, with citation, the copy of the Notarial Act that certifies the availability of the Verdict of November 18, 2015, pronounced by the 2
nd Court of Letters of Vallenar in case C 719-2011.