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Procedural Behaviors of the Parties to which the Civil Procedure Code and the General Procedure Code Assign Probatory Consequences

Estudios de Derecho, ISSN: 2145-6151, Vol: 80, Issue: 176, Page: 84-108
2023
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Article Description

Under the principle of procedural morality or loyalty, the parties must cooperate in producing evidence. Upon non-performance of such a duty, the legislator may choose to establish consequences of a probatory nature. In Colombia, in a civil process, these consequences will be the presumption of the occurrence of a fact or an indication of it. This article intends to identify the various regulatory assumptions that, in civil procedural law, assign probatory consequences to the parties’ behavior along the proceedings. An inventory of such behaviors includes those corresponding to failure by the parties and their attorneys in performing their duties; those resulting from not answering the claim or not answering it in due form; those resulting from non-attendance to meetings ruled; those derived from not returning the process docket; and those occurring on occasion of or during discovery.

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