New "Judicial Notice" Law
Goes Into Effect Tomorrow
The new Ley de Notificaciones goes into effect, with the objective
of expediting judicial processes. The new law allows for the
notification of the parties to a judicial process by fax, email,
postal box or a notary public.
The new process makes if easier and faster to give notice by
expanding the regulations that only allowed for notifications to be
personally delivered to the intended party.
Luis Guillermo Rivas, magistrate who is heading the "Comisión de
Notificaciones" said the new law will ensure that due process is not
stalled.
The new law allows for the parties to establish an email, fax or
post office box to receive notification. Rivas said that the law
allows for a party to change the way they want to be notified at any
time.
Another change that the Ley de Notificaciones affects the parties is
that the notification is deemed served if the party does not
indicate in the manner he or she wishes to be notified. The
"automatic" notification includes notices of sentences.
In the cases of court decisions, the law says that all notices are
deemed given within 24 hours of a court ruling.
One of the benefits of the new law is to avoid people hiding from
process servers, avoiding paying alimony or child support, for
example.
The new law is clear that it is the responsibility of every citizen
to keep their mailing address current. The new law allows up to one
year to make the corresponding changes with the Registro Civil.
Any person does not keep their address current will find that the
process will continue on their behalf, as the new law allows for the
appointment of a "curador procesal", a person appointed by the
court, to face the judicial process.
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