CODE OF CIVIL PROCEDURE IN CHILE

This article will provide guidance on the Code of Civil Procedure in Chile. The legal system of Chile is based on the Napoleonic Code, a civil law system influenced by both Spanish and French precedents. Judicial processes are often adversarial and have gradually shifted from relying on written briefs to emphasizing oral arguments. Civil litigation is mostly a written system, with the exception of oral arguments before the Court of Appeals and the Supreme Court. In contrast, criminal, labor, tax, and family proceedings are based on oral arguments.

BACKGROUND

Each court and judicial agency reports to the Supreme Court in a hierarchical system structured according to geographic and substantive authorities. Most courts are under the directing, corrective, and economic supervision of the Supreme Court, headquartered in Santiago and organized into four specialized courtrooms on a subject-by-subject basis (except, for example, the Constitutional Court). It may hear cases from anywhere nationwide and serves as a Court of Cassation.

The area is divided into several separate regional circuits, each with its own set of courts inside its hierarchy. In densely populated regions, the different types of jurisdiction (civil, family, criminal, and labor law) are assigned to specific districts within the first-instance courts. In contrast, courts tend to have broader powers in rural or less inhabited areas.

In contrast, the country's seventeen major cities are home to the courts of appeal, which hear appeals from parties that disagree with the decisions made by lower courts (exception: antitrust or constitutional matters). Certain government agencies act as first-instance courts in topics within their competence. Some courts have restricted or special jurisdiction over particular matters, such as military, tax, antitrust, and environmental concerns.

HOW DO CIVIL PROCEDURAL LAWS WORK IN CHILE

Unlike family court and preliminary criminal procedures, which are kept confidential, court documents in civil and commercial disputes are available to the public (except for the parties). There is no mechanism for shielding court files and procedures from public publication, and public court documents are available not only in the court where the process is conducted but also on the official website of the Judicial Branch. Both parties and third parties have the right to withhold exhibits containing sensitive or secret material if the court grants their request to restrict public access to the court file. Documents containing sensitive information may be withheld from disclosure at the request of a party in certain specialized processes, such as before the Antitrust Court.

Any individual called upon to appear in court in their own right or in the capacity of the legal representative of another must do so in the way prescribed by law. Anyone who appears in court on behalf of another person, whether to carry out a specific task or to exercise a position that requires a particular appointment, must provide the appropriate title as proof of his authority to do so.

PRE-ACTION PROCEDURES IN CHILE

Legal proceedings often begin with no prerequisite actions or procedures. Sending or responding to a pre-action letter or participating in alternative dispute resolution is voluntary. In contrast, a claimant must participate in mediation before filing a civil lawsuit seeking damages from a private healthcare provider (even though it is not binding). Both the area of labor law and the field of family law have similar prerequisites. Pre-action letters are also often used in the business world.

The statute of limitations is an absolute defense under Chilean law. The time restriction for filing a lawsuit varies by the kind of action being brought and the nature of the dispute. There is a five-year statute of limitations for claims based on breaches of contract, beginning on the day the duty became enforceable, and a four-year statute of limitations for claims based on torts, beginning on the date the offense was committed. Also, depending on the kind of title, the time restriction for filing for an enforcement process is either one or three years. Additionally, the standard statute of limitations for business disputes is four years.

THE REQUIREMENTS OF THE COMPLAINT IN CHILE

According to Article 254 of the Chilean Civil Procedure Code, the first complaint filed by the plaintiff must be in writing and meet specific requirements.

The claim, in effect, should comprise a detailed and sequential account of the relevant facts and the applicable legislation. In Chile, lawyers often present all or most of their evidence during the evidentiary period rather than at the time of filing.

The claimant may amend the pleadings in limited circumstances like [A.] after service of the claim. Before the defendant's response, the claimant may enlarge and amend the initial claim, but the defendant's time to respond to the claim will begin on the date of service of notice of the enlarged or amended claim; and [B.] after the defendant has responded to the complaint, the claimant may not substantially change or modify the complaint.

SERVICE OF DOCUMENTS IN CHILE

Initial claims and notices in Chilean civil procedures are filed with and served by court employees, known as receptores, at the interested party's expense. The statute of limitations in effect in the case will determine how long the statute of limits will restart after service.

The first notification is usually required to be personally delivered. Service by publication is an option if the defendant's address is unknown or if there are too many defendants to serve individually (ie, by publishing the notice in a newspaper).

A letter rogatory must be used to serve the process on a defendant outside of the court's jurisdiction—the laws of that nation control notification procedures for cases involving parties outside of Chile.

The defendant may raise preliminary or dilatory objections challenging the court's subject matter or territorial jurisdiction. This sort of response, however, must be submitted within the legal period allowed to reply to the claim (i.e., to submit the statement of defense) and before taking any further action in the proceedings. If raised in a regular court, this objection would cause a stay of proceedings until it was decided. However, in summary, processes, this defense might be decided together with the other claims in a single judgment.

There is a procedure called an exequatur under the Chilean Civil Procedure Code to recognize and enforce a foreign decision. To begin, the foreign judgment must meet the precise conditions of any international convention between the United States and the country of origin that has been agreed upon for the recognition and execution of foreign judgments. Second, if none of those accords apply, the foreign judgment's recognition will be contingent on reciprocity. In the same way, Chilean decisions are recognized and enforced, as are judgments rendered in other countries, as established by Chilean law.

When a foreign decision is being enforced in Chilean courts, the defendant generally has little recourse beyond those in Article 464 of the Chilean Civil Procedure Code if less than three years have elapsed after the final judgment. After three years have elapsed, all Chilean legal defenses against enforcement will be available to the defendant.

WHAT HAPPENS IF THE DEFENDANT DOES NOT RESPOND

Suppose a defendant in a civil action in Chile does not react to a lawsuit. In that case, the facts will be regarded as rejected in a fictitious answer to the claim, a legal doctrine known as the ficta litis contestatio. Suppose the defendant has been served with process but chooses not to present or react. In that case, the case will go on as usual, and the absent defendant will be informed of each decision, which might lead to a legally binding verdict without the defendant's ever having to set foot in court. However, the claimant has the burden of proof for all of the allegations made in his claim since the defendant's silence is not an admission of the facts stated by the claimant. Although the defendant may enter the case later, he or she must acknowledge all actions taken before their appearance.

When a defendant is absent at the first hearing for a summary action, the plaintiff may ask that the claim be provisionally granted if they can show good cause. When confronted with temporary access to the claim resolution, the defendant can appeal the resolution or draft objections, although doing so does not stay its implementation.

An interested party may apply to join a lawsuit in Chile to support the claimant's or defendant's cause or an independent interest different from the original parties, as per the Chilean Civil Procedure Code. A third party may intervene in a case to advocate for a position contrary to that of the original parties. In each of these situations, the third party must accept the state of the proceedings as they now stand.

In general, for a motion to join to be granted, the requesting party should establish his supporting, opposing, or independent interest regarding the interests of the original parties.

The court's verdict will be binding on the original and combined parties.

SPECIFICS OF CHILE CIVIL LITIGATION

Most of the civil and commercial litigation work is done in writing, and the judges occasionally meet with the litigants in person. The petitions, arguments, and evidence supplied by the parties in writing give the courts jurisdiction over the action and drive its progression. The ex officio authority of civil and commercial courts is limited in this respect.

Specifically, the Chilean Civil Code and the Civil Procedure Code define principles for how civil courts should evaluate the evidence presented by the parties. The court's final judgment may be challenged on appeal or cassation appeal. The Appellate or Supreme Court may modify or overturn the lower court's decision if it violates these standards.

When a court's ruling or final judgment is challenged as being unfair or irregular, the law provides a range of options for appealing the decision, depending on whether the problem lies with the court's interpretation or application of the rules of procedure, or with the law itself and the issues it raises.

The Supreme Court and the Court of Appeals have jurisdiction over appeals, cassation appeals, and complaint recourses. The lower courts also have the authority to hear appeals of their rulings and the power to decide on any extraordinary judicial remedies that may be available.

Chile's Civil Procedure Code states that all cases must conclude with a mediation hearing after an extensive pre-trial discussion period. If the parties cannot agree amicably, the court will issue a ruling outlining the key disputed facts that must be shown at trial. The evidential phase will commence after this resolution is served to the parties. At the conclusion of the presentation of evidence, the judge will provide a ruling.

Case filing, defense response, replication, and counterreply are part of the debate process.

Exhausting all available legal remedies in a case might take up to six years from the filing date.

In addition, the Chilean legal system allows for a unique process for certain cases that is quicker, speedier, has fewer stages or phases, and is based only on oral argument, accepting just the plaintiff's complaint and the defendant's reply. In most cases, a countersuit is not an option.

OUR PROCESS

Documents can be faxed at (800) - 296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

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FOR ASSISTANCE SERVING LEGAL PAPERS IN CHILE

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Chile process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

1. There are exceptions, so it's best to evaluate each situation separately. For example, there is often a one-year statute of limitations on taking some action involving the family. However, the statute of limitations is a defense that may be waived and is not automatically invoked. Finally, taxes and certain levies have unique, short-term statutes of limitations.

2. Information about the court where the claim has been filed;

The names, addresses, and occupations of the plaintiff and any people representing him in the claim;
The defendant's name and occupation;
The facts and legal reasons for the claim;
and any petitions filed with the court.

3. If the following three conditions are met, the claim may be notified to the defendant's address:

The address of the defendant must be confirmed;
The receptor must have sought the defendant at his address on two different days; and
the defendant must be in the jurisdiction where the proceeding takes place.

4. The Bustamante Code governs international judicial collaboration and correspondence. As a result, foreign courts need the aid of Chilean courts in civil or criminal issues via letters rogatory or any other approved mode of transmission.

The Inter-American Convention on Letters and Letters Rogatory, 1975, applicable in civil or commercial cases, has also been ratified by Chile for the following reasons:

reception and getting evidence overseas; and
the conduct of just procedural actions abroad, such as notices, summonses, or placements.

As stated in the Convention, the laws of the state to which the letter of rogation is sent must be applied. The method for handling requests from foreign courts is laid out in detail in the Chilean Procedure Code.

In addition, Chile is a signatory to the 2002 MERCOSUR-Bolivia-Chile Agreement on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labor, and Administrative Matters and the 1975 Inter-American Convention on the Taking of Evidence Abroad.

In light of Chile's ratification of several international accords, a specialized office of the Supreme Court known as the Central Authority is now in charge of handling communications with foreign courts.