It is important to know that the reopening of the debates is not enshrined in any legal text, is a creation of the jurisprudence as the Supreme Court itself has recognized Cutting de Justice, this is a rather delicate subject, because the circumstances They must vary and not be limited only to the appearance of new documents that may change the fate of the decision, but cases of force Most, including traffic accidents where that litigant he has been prevented from appearing just in time tiempo and they have taken a default.
the supreme Cutting de Justice has established the concept that: “The reopening of debates is a faculty attributed to the judges, and of which they make use when they deem it necessary and convenient for the best clarification of the truth. negative of the judges to grant a reopening of debates, considering that they have sufficient elements to power substantiate the matter, does not constitute a violation al right de defense, a relationship to part who requests it, nor a reason that may give place to cassation.
In that sense the same Supreme Court Cutting de Justice establishes the necessary conditions for this to proceed, establishing that; "The reopening of debates only proceeds when documents are submitted or revealed acts new ones that, due to their importance, can influence the fate of the proceedings. so that the Tribunal, to whom this measure is requested can assess its relevance, it is necessary that such documents be submitted to him, or the new ones acts revealed, along with the instance corresponding. SCJ, Cámaras Reunidas, August 13, 2008, No. 1, BJ 1173, pp.43-55”. This will be subject to the sovereign appreciation of the Judge, without embargo I understand that the causes cannot be limiting but rather enunciative and then considered by the judges in charge, depending on each ///.
En principle, the debates before each degree of jurisdiction end in the The hearing in which the parties produce their conclusions, or are duly cited to do so; that this principle results from the character exhaustive of the rules established in articles 342 to 351 of the Code de Procedure Civil law on the renewal of instance; that, in honor of a good administration de Justice, the Judges are recognized as faculty to allow a new debate in exceptional cases where the parties, or one of them, make known to the Tribunal attorney of cause one or more documents that were not available at the time of the first debate, or the record of a done that petitioner I was unaware at that time occasion; and that, furthermore, in the opinion of the Tribunal, whether documents or evidence of acts decisive for the solution of the ///.
The Reopening Decided without The hearing
To know and decide a reopening of the debates is not necessary to set a The hearing public. Its relevance is sovereignly appreciated by the judge, in such a way that it does not incur in excess of power, nor violates its right de defense by declaring it inadmissible. No. 51, Ter., Feb. 2012, BJ 1215
inappropriateness
It is not appropriate to order the reopening of debates when the recurrent does not appear at hearings or perform any request, verbal or written to express their interest, especially when it is treats of a ordinance in referral, the nature of which is the urgency and speed of its deadlines. No. 13, Ter., Sept. 2012, BJ 1222.
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