First it is necessary to distinguish between what is procedurally an incident and what is a resource, because although ambos institutos jurídicos del Derecho Procesal resultan medios de impugnación, no todo incidente que lo sea, resulta necesariamente medio para impugnar. Y esto es lo que marca la diferencias de su naturaleza jurídica.
Los recursos siempre serán el medio de impugnación contra un acuerdo del juzgador, y los incidentes, cuando se promueven para combatir algo dentro del procedimiento, este algo será una actuación procesal dentro de la instrucción o después de la secuela procesal posterior a la sentencia y aun antes de que se inicie el procedimiento del juicio propiamente dicho, como lo son las medidas prejudiciales. Actuaciones que pueden darse dentro del tribunal o fuera de este.
Los artículos 540, 541 and 542 of the Code of Civil Procedure for the State of Veracruz and the equivalent of other entities, require substantiation of Incident:
Article 540 .- With the promotion must be accompanied by relevant evidence and the copy of the same, if shipment will be sent to run the party or parties to formulate its response within three days.
From the first supplied, is summoned to a hearing to be verified on the eighth day of the incident promoted.
Article 541 .- At the hearing be done on the evidence and decide the appropriate decision.
Article 542 .- If the parties do not concur with the hearing, or send their allegations, the resolution will be issued no later than within three days.
As is seen from the incidents themselves, there is a) .- The demand and the offer and provision of evidence and copies for the transfer by the incident, b) .- The location for the defendant to three days to respond and present evidence, c) .- The indication of an evidentiary hearing and arguments that will run until the eighth day to be fixed by the judge from the car boot of the incident; d) .- And the decision that the judge within three days following the hearing of evidence and arguments.
As an example that Article 106 of the procedural system, never mentions a substantiation in terms, limits and formalities that the Veracruz State Legislature set out to incidents, because this provision refers to a hearing within five days not until the eighth day, no mention of offering evidence and arguments of the parties and other in turn gives the judge discretion to adjust the amount of the costs, and this is because not received evidence in the case of liquidation costs and other issues resolved in the sentence, but that requires the settlement to make the sentence determinable. In case of liquidation costs, the tariff is unclear or if the contract provision professional services with all the evidentiary burdens that the convention itself already implies. Furthermore, Article 108 of the Civil Procedure Code provides otherwise, in the event of dispute settlement hearing fee to Attorneys at Law Experts appointed by the judge, not to say that there will also be litigated collaterally.
It is no doubt that all these issues relate to the ways of realizing the sentence for which he obtained favorable, allowing the legislator, particular substances to settle few sentences to give, to do or not do, because in some of these foreclosures come to admit the reply and the rejoinder, that have nothing to do with the rules for the substantiation of the incident, although it seems. Why are these procedures related to the atypical primary process.
Los recursos siempre serán el medio de impugnación contra un acuerdo del juzgador, y los incidentes, cuando se promueven para combatir algo dentro del procedimiento, este algo será una actuación procesal dentro de la instrucción o después de la secuela procesal posterior a la sentencia y aun antes de que se inicie el procedimiento del juicio propiamente dicho, como lo son las medidas prejudiciales. Actuaciones que pueden darse dentro del tribunal o fuera de este.
Los artículos 540, 541 and 542 of the Code of Civil Procedure for the State of Veracruz and the equivalent of other entities, require substantiation of Incident:
Article 540 .- With the promotion must be accompanied by relevant evidence and the copy of the same, if shipment will be sent to run the party or parties to formulate its response within three days.
From the first supplied, is summoned to a hearing to be verified on the eighth day of the incident promoted.
Article 541 .- At the hearing be done on the evidence and decide the appropriate decision.
Article 542 .- If the parties do not concur with the hearing, or send their allegations, the resolution will be issued no later than within three days.
As is seen from the incidents themselves, there is a) .- The demand and the offer and provision of evidence and copies for the transfer by the incident, b) .- The location for the defendant to three days to respond and present evidence, c) .- The indication of an evidentiary hearing and arguments that will run until the eighth day to be fixed by the judge from the car boot of the incident; d) .- And the decision that the judge within three days following the hearing of evidence and arguments.
As an example that Article 106 of the procedural system, never mentions a substantiation in terms, limits and formalities that the Veracruz State Legislature set out to incidents, because this provision refers to a hearing within five days not until the eighth day, no mention of offering evidence and arguments of the parties and other in turn gives the judge discretion to adjust the amount of the costs, and this is because not received evidence in the case of liquidation costs and other issues resolved in the sentence, but that requires the settlement to make the sentence determinable. In case of liquidation costs, the tariff is unclear or if the contract provision professional services with all the evidentiary burdens that the convention itself already implies. Furthermore, Article 108 of the Civil Procedure Code provides otherwise, in the event of dispute settlement hearing fee to Attorneys at Law Experts appointed by the judge, not to say that there will also be litigated collaterally.
It is no doubt that all these issues relate to the ways of realizing the sentence for which he obtained favorable, allowing the legislator, particular substances to settle few sentences to give, to do or not do, because in some of these foreclosures come to admit the reply and the rejoinder, that have nothing to do with the rules for the substantiation of the incident, although it seems. Why are these procedures related to the atypical primary process.
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