3. DECISION-PHASE - CONCLUSION OF THE CASE FOR FINAL
This is the last phase of the "ordinary knowledge process (one that has no special regulation, such as eviction, a court order or marital dissolution than are judgments that are processed by specific" special procedures "). At this stage the tests are added to the file, then the parties present their respective arguments or, failing that, have the power to request the suspension of the deadline for claiming, after the judge made the call statement to cars, finally, conclude with the final decision.
3.1 Proceedings after the opening of the case to trial:
How the process continues once the probation period? Under Article 379 provides that a after the conclusion of the evidentiary phase will complete the following steps before concluding the cause:
- notebooks will be added to the main file of evidence, and
- The parties may argue the merits of the evidence produced.
Once the trial period, Article 379 of the CPC requires the judge and the secretary obren automatically for his own personal initiative. The Secretary shall prepare a report on the evidence that has occurred, and the judge shall make an order, ordering the aggregation test the notebooks of the parties and the related report of the secretary to the original file.
Article 379 .- Aggregation of evidence. Allegations. If proof was produced, the judge, without any management of stakeholders, or without substances if it is done, order in a single ruling to be added to the file test booklets with the certificate of the secretary on which has occurred .
this is done, the secretary submit the case to the lawyers, by order and for a period of six days each, without written request and under his responsibility, to submit if they think proper, a brief arguing the merits of the test. Be considered as a single party to those acting under joint representation. The deadline for submitting claim is individual. The representative may request that it be kept confidential until all parties have submitted theirs.
The allegations are the writings conclusion in which the lawyers of the respective parties make the reasons that underlie the claim and right of the grantor, challenging to the party. Once the process of aggregation of evidence with the report of the secretary, he delivered the dossier to the lawyers without written request and under the responsibility of the same by order and for a period of six days so that if they deem should submit their letter of allegation
The suspension of the deadline for claiming the parties may apply as long as "the party who applied for meets the regulations of Section 267 (having demonstrated diligence in offering and production of evidence). Order being transferred to the other party, for a period of three days. Is governed by Section 380 of CPC.
In matters of pure law, that is, when there are no facts to prove, the judge must give to the parties for a period of five days, so that the actor submit its reply and the respondent rejoinder, being thus conclusive cause for the final.
