Days not counted correctly re exhortoResolution issued yesterday in C 29407-2016. The exhorto will proceed.
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Having heard and bearing in mind:
- Whereas an extraordinary period has been decreed to take testimony outside the territory of the Republic in accordance with the provisions of Articles 329, 331, and following of the Code of Civil Procedure.
- Whereas this term was granted, in accordance with the table, for the number of 20 working days, which naturally and necessarily and given the complexity of the preparatory proceedings, will begin to run once the competent Court of the country exhorted – in this case Canada – orders compliance with the exhorto, all without prejudice to the deadlines that the Supreme Court may determine for the purposes of rapid processing.
- Whereas the granting of this period is based on the relevance of the evidence requested, in order to ultimately obtain the statements on the witnesses in relation to the matter at issue and incorporate them into the trial.
- Whereas by virtue of all of the above, the natural thing is that the days that the administrative procedures of the international exhorto take, from the Court to the Supreme Court and later to the Ministry of Foreign Affairs, are not counted within the corresponding period decreed for the taking of testimony.
That is all this judge can report, except for the best opinion of the Supreme Court.
Communicate this resolution to the Supreme Court, by the most expeditious electronic means, this resolution serving as sufficient and attentive referral.
In addition, in response to the information provided by the Ministry of Foreign Affairs, please submit a new updated application form for international civil legal assistance for the relevant purposes.