Causes of cassation
El resource de cassation may only be based on the existence of a infringement or erroneous application of the standard legal, whether in the fondo or crafts.
It does not constitute a cause de cassation the mistakes right that do not affect the solution of the litigation nor determine the part slide of sentences, which will be discarded by the Cutting by simply establishing its irrelevance in the adoption of the decision.
Contradiction of sentences. The contradiction of sentences can be invoked when the purpose of inadmissibility deduced from the authority of thing judged has been uselessly opposed before the judges of the fondo.
The /// established in this article, the resource de cassation is directed against the sentences second in when and where; when the disagreement is confirmed, it is resolved in favor of the first.
The contrariety of sentences can also be invoked when two decisions are irreconcilable and neither of them is susceptible to a resource ordinary; the resource de cassation It is admissible, even if one of the decisions had already been challenged by a resource de cassation and this would have been rejected.
Provenance
El resource de cassation proceeds against:
1) Final decisions on the fondo, dictated in single or last instance, a occasion of the following subjects or issues: state y capacity of people; children and adolescents; right of consumers; referral; nullity of arbitration awards; enforcement of foreign judgments; competition of the courts.
2) Interlocutory or final decisions on incidents, issued during the course of the processes indicated in the previous section, may only be appealed in cassation independently of whether they have ended the proceedings or have ordered their suspension o dismissal. In /// Otherwise, they must be appealed in cassation together with the decision that decides everything principal.
3) In addition to what is established in numerals 1 and 2 of this article, interlocutory and incidental judgments that put an end to the proceedings or have ordered their suspension o dismissal, as well as those sentences of fondo, dictated in single or last instance, that in the solution of the resource de cassation they present interest cassation, which is determined when:
a) In the sentences has been resolved in opposition to doctrine jurisprudence of the Cutting de Cassation.
b) In the sentences is resolved on points and issues on which there is jurisprudence contradictory between the second-degree courts or between chambers of the Cutting de Cassation.
c) Judgments that apply legal norms on which there is no doctrine jurisprudence of the Cutting de Cassation, and the latter justifies the importance of starting to create such doctrine.
Term, interposition, procedure, site, defense and effect of the resource
Term to appeal
El resource de cassation against contradictory or reputedly contradictory sentences, issued solely or last instance, will be interposed within the Plazo of twenty business days, counted from the notification of sentences, unless this or another law arrange a Plazo different.
El Plazo to resort to cassation It will always be computed in business days and with an increase in reason of the distance.
The sentences in default, dictated in single or last instance, which being susceptible to opposition are not contested, the Plazo to resort to cassation starts counting consecutively from the to date in which the term for opposition, without necesidad again notification of sentences en default.
La notification of sentences challenged causes the Plazo to resort to cassation, both against the part notified as against the part What does the notification.
In terms of referrals, the Plazo to resort to cassation will be ten business days from the date of notification of ordinance.
In terms of embargo real estate, whatever it may be regime’s most emblematic landmarks, the Plazo to resort to cassation the sentences of award, when admissible, as well as incidental sentences, will be ten business days from the date of notification of the decision.
Legitimation to appeal
They may file resource de cassation:
1) The interested parties who have participated in any capacity in the trial resulting in the sentences appealed.
2) El ministry public before him Tribunal that dictated the sentences, in the matters in which he intervenes as part principal under the law, or as part attached in cases that interest the order public.
3) El attorney general administrative matter contentious administrative and contentious tax.
4) El Lawyer of the State in the matters in which his intervention is appropriate. Paragraph. He may not interpose the resource who has not appealed the sentences first degree nor has adhered to the appeal interposed, when the failure of the second degree has been totally confirmatory of that.
Interposition of the resource
El resource de cassation, in all matters governed by the law de cassation, will be filed by means of a memorial de cassation duly motivated, signed by lawyer and deposited within the Plazo to appeal, in the general secretariat of the Supreme Court Cutting de Justice, in which the legal norms that have been violated or erroneously applied are mentioned, with the exposure concrete, clear and concise of the foundations of the cassation and the conclusions presented.
La part The contested party will deposit the original of its memorial de defense Constitution de lawyer in the general secretariat of the Supreme Court Cutting de Justice, which will contain its means of defense, exceptions or will present resource de cassation incidental or alternative, as well as the documents supporting their means, in a Plazo No. Most within ten business days from the date of when and where of the act de site.
El memorial de defense and the Inventory of documents that have been deposited, will be notified to the lawyer of part recurrent within three business days from the date of Deposit indicated in this article.
La notification of the memorial must be deposited in the general secretary of the Supreme Court Cutting de Justice within five days of its when and where de notification al lawyer recurrent.
A lack de Deposit in the general secretariat of the Supreme Court Cutting de Justice of the original of the memorial de defense Constitution de lawyer or of original of the act de notification Within the specified time periods, the following will be considered: part appealed in default, which will be pronounced in the failure, being discarded from the office hour el memorial de defense that has been deposited.
It will not proceed default if the act de notification of the memorial de defense is deposited before intervening failure of the resource.
In no /// may be considered in default al State nor reject the documents that he may have submitted. His inactivity does not prevent the Procedure, knowledge y failure of the resource continue your course.
La part The contested party must raise in its memorial de defense, prior to its defense al fondo of the resource, all exceptions, inadmissibilities and incidents that it deems relevant, penalty de expiration, unless the reply be deduced from irregularity that arose or was known after the Deposit of the memorial de defense.
La part appealed that has been filed resource de cassation incidental or alternative in its memorial de defense, will no longer be able to interpose resource de cassation a title principal against the same sentences, even if it is found in Plazo to exercise it.
Once deposited, memorial de defense of part appealed, there will no longer be room for interruption of the Procedure y failure of the resource de cassation.
Supporting documents
From the when and where of the act de notification of the memorial de defense, the parties will have a Plazo común of five (5) business days to expand the grounds of their respective memorials, from whose writings they will take knowledge directly in the secretariat of the Cutting de Cassation.
The written extension of the memorial de defense la part recurrent may expand the justification of their means of cassation, raise incidents against the actions of the part appealed in the proceedings de cassation and respond to incidents or resource de cassation incidental or alternative that may have been raised by the part appealed in its memorial de defense. In no way /// You will be able to add new media cassation.
La part The contested decision may expand the grounds of its means of defense or the means of its resource de cassation incidental or alternative, without adding new ones.
In their respective memorials, the parties must expressly state their customer's home procedural, which should estar Located in the District National, place where the Cutting de Cassation and the other parties may validly make the notifications that are necessary during the proceedings de cassation and until the notification of sentences.
After setting the customer's home procedural, can be modified by notification by act de sheriff to the other parties and to the Secretary General of the Supreme Court Cutting de Justice.
The Secretary General will not receive the memorials of cassation or defense that do not define the customer's home procedural of part that deposits.
Likewise, the parties may provide a telephone number and steer axle truck email addresses, where they can be contacted, but none notification will be valid through such mechanisms, unless expressly authorized by the part.
The rules of customer's home procedural apply to any other part intervene in the proceedings de cassation.
Communication to the Attorney General of the Republic
Once the resource de cassation, the secretary general of the Supreme Court Cutting de Justice will notify shortly Plazo, resources de cassation lodged against the Attorney General of the Republic, in the following cases:
1) When the resource de cassation be in matter contentious administrative or contentious tax.
2) When any institution of the State Dominican has been summoned in cassation.
3) When the ministry public before him Tribunal that dictated the sentences has intervened as part principal under the law, or as part attached in cases that interest the order public.
4) When the sentences challenged is issued in matters of children and adolescents; or involves interests of minors edad or persons subject to interdiction.
5) Any other /// in which the Cutting de Cassation I understand it necessary for the interest public.
Communication does not require a opinion of the Attorney General of the Republic, But saying official You may submit your opinion to the Secretary General of the Supreme Court Cutting de Justice in any state de cause prior to failure and the congress national en name of republic will be able to take knowledge of the office hour de cassation in the general secretariat of the Supreme Court Cutting de Justice.
In cases that concern the interest public el Attorney General of the Republic must issue a opinion motivated, within a Plazo Ten (10) business days after the notification of the resourceWhose Plazo does not suspend the Procedure of the resource.
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