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| Written by adenara |
| Monday, 19 December 2011 15:26 |
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Visit to the Tegucigalpa Civil Courts: Carolina Villadiego *
It is important to note that the new procedural legislation includes widespread use of oral procedures. As such, most procedures are handled through public hearings. There are, however, some limits to the public nature of these events, including cases involving the rights of children and adolescents. The code simplifies declarative procedures by establishing one regular system and one abbreviated system and introducing a monitoring procedure that allows creditors to quickly consign an executive title. The new civil procedure legislation also regulates the execution of judicial and extrajudicial titles in a unified fashion by establishing them as titles of execution. In this procedure, a hearing was introduced in which the respondent opposes the writ of execution. It is important to note that the executions represent the greatest caseload for first instance courts and that a low percentage of them involve opposition. During the visit, participants toured the Civil Justice Center, which houses the peace and first instance courts. The delegation observed a simulation of a preliminary hearing in a declarative process during which the judge carries out the conciliation, correction,setting of specific petitions, summary of the evidence and the scheduling of the evidentiary hearing. These public hearings are held in special rooms or in judges’ chambers that are outfitted to accommodate the parties to the case. The record is created using an audio system that records all of the procedures carried out during the hearing.
In addition, the delegation visited the common reception area of the Civil Justice Center where complaints and documents are received. This office also handles title storage, file review, document scanning and filing. Finally, the group toured the common area where secretaries and clerks work directly with judges and talked with judges, administrators, administrative officials and members of the Judicial Academy. * JSCA Research Coordinator.
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On November 1, 2010, the Civil Procedure Code of Honduras passed through Decree No. 211-2006 went into effect. This code replaced the Common Procedure Code of 1906 and was inspired in the principles of the use of oral procedures, immediacy, concentration, contradiction and publicity, among others. On November 29, 2011, a delegation visited the Tegucigalpa Civil Courts in order to learn about some aspects of the process of implementing new legislation on civil procedure.
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