PRACTICE.
In ordinary civil actions the complaint is made in writing, with the petitions clearly specified. A demurrer to the complaint may be made by the defendant on certain legal grounds, but only once. Then comes the answer to the complaint, with possibly a counterclaim. After the answer comes the reply, with answer to counterclaim, if there be any. Then reply to the reply. Next comes the verification of pleadings. The judge decides the points to be presented. Within five days the parties to the suit present their list of witnesses, the judge orders thirty days for them to declare in, fixing within that time certain days wherein they are to be examined and cross-examined through the judge.
When the time expires, the plaintiff is given the papers for ten days for him to sum up the case in writing, and then ten days are given to the defendant for the same purpose. The judge then makes it known to the parties that he is going to pronounce sentence, which he is supposed to do within sixty days according to law. This is not always carried out according to the intent, however.
On appeal, in the upper court, the plaintiff presents a complaint and the defendant an answer, and a day is set for the case to be heard. Then the lawyers plead, after which comes the final sentence, from which there is no appeal, although possibly a petition for nullification, to be heard before the Supreme Court, may be presented.
In criminal cases there comes first the secret proceedings, or “sumario,” of which the accused has no cognizance till the judge has exhausted his means of investigation. So the evidence does not prove the existence of a crime and does not tend to fix it upon the accused. The case is either marked “sobresimiento” or else, when there are not enough proofs against the accused, he is “absuelto de la instancia” (absolved in this instance). Should there be proofs against the accused, the public prosecutor accuses (unless it is a private case, when of course the interested party does so). The accused answers, and proofs are received for a given number of days at the judge’s discretion (not above thirty). The hearing of the procedure is secret. Witnesses declare before the judge and alone, according to questions formulated in writing by the accused (if they are his witnesses). Proofs are likewise received at the same time in regard to the ability of the witnesses to act as such. When sentence is pronounced, whether an appeal is made or not, the case goes to the Court of Appeals for final decision,—final unless nullification of the decision is asked for, when it goes to the Supreme Court.