Post by
MTStack on Sep 25, 2024 10:19am
Case against Unda and CMN
In C 11777-2020, the Court called for the parties to hear sentence.
JT immediately filed for a repostion to stop the sentencing:
JGTF, attorney for the plaintiff … C 11777-2020, to this Court I respectfully state:
For the present act, I come to file a appeal for reposition against the resolution for the parties to hear sentence, this because it is essential to this party to render testimonial evidence abroad, that this Court extend the period for processing the international exhorto. The contested resolution generates the legal effect of avoiding the presentation of all documents, except for legal exceptions. Without prejudice to the fact that the pending evidentiary proceedings are not an obstacle for this Court to issue the final judgment of the proceedings, if it is essential to this party to have the right to request these extensions, since this Court is the competent court to set this deadline. This is based on the fact that this party has diligently complied with all necessary actions to process the international exhorto and currently, according to what has been reported to this Court we are awaiting the valise to be sent to the Embassy of Chile in Canada.
It is hereby brought to your attention that this Court sent the minutes to the Santiago Court of Appeals to hear the appeal filed by the defendant against the resolution that had Mr. Unda confessed to the statement of positions. The processing of this appeal is essential, since in the event that it is rejected, the judgment is enforceable for legal purposes. In view of the foregoing, I hereby request that this Court accept this appeal for reposition and revoke the resolution appealed leaving it null and void for all legal purposes.
ADDEMDUM: Once this request has been accepted, I ask that you extend the period for processing of the international exhorto by one year from the date of the resolution of this document.