Legal opinion on the presentation at trial of new evidence that was not available during pretrial conference in family Courts/Comentario de jurisprudencia sobre prueba nueva no ofrecida en audiencia preparatoria en tribunales de familiaRevista chilena de derecho privado (2013)
The Court of Appeals of Coyhaique (Chile) recently produces an interesting ruling about evidence issue in Family Law cases.
In a child support case, first at the family Court and then at the Court of Appeals, it was in question the application of article 63 bis of the family procedure, article that establishes the possibility to present at trial evidence that were not originally discovered at pretrial stage.
This is one of the few cases in which this situation arises and because of this a deep analysis of the ruling from the Family court and the Court of appeals is required. As the document will show there is significant confusion between the admissibility of this new evidence and the different hypothesis that article 63 bis contemplates.
Also, this is an interesting ruling because it allows dealing with an evidentiary issue that certainly is going to take place in the future civil procedure, because the civil procedure reform also contemplates a similar article in its evidence section.
Document in spanish
- New evidence,
- family courts,
- prueba nueva,
- prueba sobre prueba,
Publication DateSummer January 24, 2013
Citation InformationClaudio A Fuentes Maureira. "Legal opinion on the presentation at trial of new evidence that was not available during pretrial conference in family Courts/Comentario de jurisprudencia sobre prueba nueva no ofrecida en audiencia preparatoria en tribunales de familia" Revista chilena de derecho privado Vol. 19 (2013)
Available at: http://works.bepress.com/claudio_fuentes_maureira/17/