In ordinary civil actions the complaint is made in writing, with the
petitions clearly specified. A demurrer to the complaint may be made by
the defendant on certain legal grounds, but only once. Then comes the
answer to the complaint, with possibly a counterclaim. After the answer
comes the reply, with answer to counterclaim, if there be any. Then
reply to the reply. Next comes the verification of pleadings. The judge
decides the points to be presented. Within five days the parties to the
suit present their list of witnesses, the judge orders thirty days for
them to declare in, fixing within that time certain days wherein they
are to be examined and cross-examined through the judge.
When the time expires, the plaintiff is given the papers for ten days
for him to sum up the case in writing, and then ten days are given
to the defendant for the same purpose. The judge then makes it known
to the parties that he is going to pronounce sentence, which he is
supposed to do within sixty days according to law. This is not always
carried out according to the intent, however.
On appeal, in the upper court, the plaintiff presents a complaint
and the defendant an answer, and a day is set for the case to be
heard. Then the lawyers plead, after which comes the final sentence,
from which there is no appeal, although possibly a petition for
nullification, to be heard before the Supreme Court, may be presented.
In criminal cases there comes first the secret proceedings, or
“sumario,” of which the accused has no cognizance till the judge has
exhausted his means of investigation. So the evidence does not prove
the existence of a crime and does not tend to fix it upon the accused.
The case is either marked “sobresimiento” or else, when there are not
enough proofs against the accused, he is “absuelto de la instancia”
(absolved in this instance). Should there be proofs against the
accused, the public prosecutor accuses (unless it is a private case,
when of course the interested party does so). The accused answers,
and proofs are received for a given number of days at the judge’s
discretion (not above thirty). The hearing of the procedure is secret.
Witnesses declare before the judge and alone, according to questions
formulated in writing by the accused (if they are his witnesses).
Proofs are likewise received at the same time in regard to the ability
of the witnesses to act as such. When sentence is pronounced, whether
an appeal is made or not, the case goes to the Court of Appeals for
final decision,--final unless nullification of the decision is asked
for, when it goes to the Supreme Court.