Request to the SC to recall exhorto C 29407-2016Considering that the extraordinary evidentiary period of 20 working days requested by the plaintiff, Mr. Jorge Lopehandia, to take testimonial evidence before the Court of Canada inevitably expired on February 20, 2023 and that said evidentiary diligence was not carried out within the time limit before the exhorted courts, I request the Excellent Supreme Court to official inform the Undersecretary of the Ministry of Foreign Affairs to return the exhorto sent through the Official Letter #20576-2023, dated February 10, 2023, because the deadline to carry out the evidentiary diligence requested by the plaintiff has expired.
In fact, it appears in the trial before the 5th Civil Court of Santiago, C 29407-2016, the extraordinary increase set by the Court in resolution dated December 13, 2022 (Folio 223) expired on February 20, 2023 – that began to be counted from January 27, 2023, with the referral of the background to the Supreme Court in accordance with the order of the 5th Civil Court of Santiago with that date (Folio 230) – for the plaintiff to take his testimonial evidence abroad, which has not been carried out.
In turn, it is stated in the aforementioned file that within that period the plaintiff did not request an extension of any kind – which in any case, as this Excellent Supreme Court knows, could not have been granted, given that the increase in the evidentiary period for taking evidence abroad is a legal deadline set by Article 333 of the Code of Civil Procedure – not did he allege the existence of obstruction to the taking of evidence within three days of the expiry of the period, in accordance with Article 339 and 340 of the Code of Civil Procedure.
In this regard, Your Honor, precisely for this reason, on February 24. 2023, this party requested the 5th Civil Court of Santiago to summon the parties to hear judgment.
In this way, the extraordinary evidentiary period decreed by the Court of the first instance to take testimonial evidence abroad being totally expired, it is no longer possible to continue with the processing of the exhorto sent to the Ministry of Foreign Affairs on February 10, nor to validly take testimony, so it is necessary to request its return.
THEREFORE,
To the Excellent Supreme Court, I respectfully request: to accept the request to official inform the Undersecretary of the Ministry of Foreign Affairs to order the return of the exhorto sent through the Official Letter #20576-2023, dated February 10, 2023.