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AMENDS VARIOUS PROVISIONS OF THE CIVIL PROCEDURE CODE

Original Language Title: MODIFICA DIVERSAS DISPOSICIONES DEL CODIGO DE PROCEDIMIENTO CIVIL

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LAW NO. 20,192 MODIFIES VARIOUS PROVISIONS OF THE CIVIL PROCEDURE CODE Having present that the National Congress has given its approval to the following bill originating in the motion of the Deputy Pedro Araya Guerrero and then Deputy Zarko Luksic Sandoval. Bill: " Single article.-Please introduce the following amendments to the Code of Civil Procedure: (a) amend Article 320 as follows: 1.-Replace in the first subparagraph the sentence "Within five days of the last amendment to the resolution referred to in Article 318", the following: " From the first notification of the decision referred to in Article 318, and up to the fifth day of the last, "2.-Add the following third indent:" If replacement has already been requested, a list of witnesses and minute points shall be submitted by any of the following: the parties shall not be required to present a new list or minute unless, as a result of (b) Substitute Article 416 of the following paragraph: ' Article 416.-Where the appointment is made by the court, it shall do so from among the experts of the required field of appear on the lists referred to in the following Article and the designation shall be made known to the parties so that, within the third day, they shall be subject to opposition, if they have any legal incapacity to claim against the appointee. If this period is not met, the appointment shall be deemed to have been accepted. ' (c) Add the following Article 416 a. " Article 416 a.-The lists of experts referred to in the preceding article shall be proposed every two years by the Court of Appeals, after determining the number of experts who must appear in each specialty. In the month of October of the end of the corresponding biennium, these payrolls will be raised to the Supreme Court, which will form the definitive ones, being able to delete or add names without expressing cause. To form the lists, each Court of Appeal will convene a public contest, which may be held by those who hold and credit special knowledge of some science, art or specialty, for which they will take particular account of the link of the candidates with teaching and university research. The procedure for the competitions, their advertising and the formation of the payroll of experts shall be regulated by an Acordado of the Supreme Court, which shall be published in the Official Journal. " (d) Attaché in the second indent of Article 680, the following number: " 10. To the judgments in which the civil actions arising from a crime or quasidelito are deducted, in accordance with the provisions of Article 59 of the Criminal Procedure Code and provided that there is a criminal conviction executed. ' Transitional Article.-The provisions of Article 416 of the Code of Civil Procedure shall enter into force once the final lists of experts referred to in Article 416 a of the same Code are published in the Official Journal. For such purposes, the Acorgiven Auto referred to in this last precept shall be published within three months of the date of publication of this law. The Courts of Appeals shall send the payroll corresponding to the Supreme Court, within three months of the date of publication of the said Order. " Having complied with the provisions of Article 93, No. 1, of the Political Constitution of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, May 26, 2007.-MICHELLE BACHELET, President of the Republic.-Carlos Maldonado Curti, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., Veronica Baraona Del Pedregal, Deputy Secretary of Justice. Constitutional Court Bill amending various provisions of the |! | Code of Civil Procedure. Bulletin No. 3984-07 The Secretary of the Constitutional Court, who |! |subscribes certifies that the Honorable Chamber of Deputies |! |sent the bill enunciated in the rubric, approved |! |by the National Congress, so that this Tribunal |! |exercise control of constitutionality with respect to the |! |third paragraph of article 416 bis incorporated into the |! | Code of Civil Procedure by the unique article, |! |letter c), and the transient article of the same project |! | Role Nº 780-07-CPR, and that by judgment of 14 May, |! |stated: That it is not for this Court to rule |! provisions contained in the third indent |! |of the article 416 bis incorporated into the Code of |! | Civil procedure by the unique article, letter c), of the |! |project referred to and in the transitory article of the |! |same, by versed on matters that do not are of |! |constitutional organic law. Santiago, May 14, 2007.-Rafael Larraín Cruz, |! | Secretary.