MountainWest Resources Inc. C.MWR

JT tries again

[MTStack]

JGTF, attorney, for the plaintiffs … C 2418-2021, to this Court I respectfully state:
 
For the present act, I come to request this Court to decree the nullity of the resolution dated November 18, 2022, which orders the confessional testimony of my clients for November 30 and December 2, both at 9:30 am, via telematics, pursuant to the provisions of Articles 59 (1) and 77 (2) of the Code of Civil Procedure that provide that judicial proceedings, as in the present case, must be conducted within working days and hours (1) and that the confessional testimony when the acquittal is domiciled abroad, shall be through an exhorto. (2) Judicial proceedings during working hours are understood to be those that fluctuate between 08:00 and 20:00.  As it happens, contrary to law, the form of surrender of this evidence by telematic means and not as it should be done, that is, by means of an international exhorto, given that the domiciles of my clients are located in Vancouver, British Columbia, Canada, following the literal tenor of your resolution, the confessional testimony would be rendered at 9:30 (Chile), which would be 4:30 in Vancouver (in that the jurisdiction is five hours less than in Chile).  Therefore, without considering that the cognitive ability of humans in mid-sleep is not suitable, much less to give testimony where questions that require a great technical skill and concentration must be answered, the form and time provided by this Court for his testimony is contrary to law, since he would be testifying at 4:30 am, the time in Chile is immaterial when taken into consideration for the renditions of testimonial evidence, since the time in which my client will testify must be considered, which must necessarily have been submitted to an international exhorto.
 
The damage is evident since if the nullity of the procedure is not decreed, my clients will not have their suitable cognitive capacity nor will they be able to properly concentrate to render their confessional testimony, where any deconcentration of them can lead to it being as evidence against us.
 
THEREFORE,
 
TO THIS COURT I REQUEST:  Decree the nullity of the resolution of November 18, 2022.
 
FIRST ADDENDUM:  I REQUEST THE COURT in subsidy of the principal and in the event of its rejection, please decree ex officio the nullity of the procedure, in accordance with the provisions of Article 84 of the Code of Civil Procedure, requesting that the arguments of fact and law set out in the principal (for procedural economy) be considered repeated.
 
SECOND ADDENDUM:  I REQUEST THE COURT in the event that the petitions of the principal and the first addendum are rejected, in subsidy, an appeal for reversal is filed against the resolution dated November 18, 2022 and is admitted for processing  [for same reasons as above requesting that the time be within working hours in Vancouver and through an international exhorto.]

[Kitman60]

Aurwar called this perfectly, Lol!  "Your Honour, the guys need their full night's beauty sleep or they'll be feeling far too dopey to answer the questions properly.." Quite funny really.

[aurwar]

It's just about time for BJ and SH to roll out of bed early, put on their big boy pants, and get this done! Seriouosly, it weakens their case by requesting all these silly delays. If they have the facts, evidence and supportive judgements on their side, they must know the details cold after all these years. On the other hand...if they are worried about how they are going to come off, given

[yureja28]

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