Answer ... Civil proceedings: Civil proceedings are divided into four parts. The first is the pleading stage, which starts with the claimant filing its claim. The defendant then has a short timeframe in which to file its response to the complaint. Each party then has an even shorter period to submit one more written presentations stating additional legal reasons to support or oppose the claim, respectively.
Once the pleading stage is over, the court will set a date for a settlement hearing. This hearing is mandatory for the process to move forward. Usually, the hearing is just a formality and agreement is seldom reached.
The second stage is the evidence stage, during which the parties submit to the court all evidence to support their case (eg, witnesses, documents, expert opinions). To commence this stage, the court must render a decision on the disputed issues of the material facts of the case – that is, the facts that are legally relevant to a claim regarding which the parties have a genuine disagreement. The parties can ask the court to reconsider this decision and can even appeal if a reconsideration petition is dismissed. The appeal will not stay the proceedings.
This period is noticeably short – just 20 business days. However, in most cases the court will set new dates for witness hearings and any other hearing that will involve third parties, expert opinions and relevant evidence that must be submitted to the court.
The court will skip this stage if there are no genuine issues of material fact rather than of law, or if the defendant accepts responsibility.
The third stage is the judgment stage, during which the court will make its final decision.
The fourth stage is the post-judgment stage. The parties can appeal the first-instance judgment to the court of appeal of the district in which they are litigating. A party that disagrees with the decision of the court of appeal can then file an annulment petition with the Supreme Court.
In civil proceedings, the parties have a very short period in which to file presentations and evidence. Thus, it is of fundamental importance to start preparation for trial before commencing litigation with regard to the relevant facts and evidence.
Criminal proceedings: Criminal proceedings also involve four stages. The first is the investigation, in which the district attorney investigates the alleged crime. The district attorney can request an arraignment hearing, at which the defendant will be informed of the charges and the investigation period will be set. Moreover, the district attorney and/or the claimant can request that the defendant be detained or be subject to one or more less restrictive measures.
The second stage commences once the investigation has closed. The district attorney has a specified period in which to determine whether to:
- file a complaint;
- not proceed with the case; or
- ask the court to dismiss it.
The victim and the defendant can file their own motions – that is, motions which oppose that filed by the district attorney. The court will set a date to hear and decide on the motions filed by the parties. If the defendant is going to trial, the court will set a pre-trial hearing and rule on each preliminary motion that the parties have filed.
The third stage is the trial, which ends with a judgment rendered by the criminal court.
The fourth stage is the post-trial stage, during which one or both parties can file an annulment petition, asking the court of appeal or the Supreme Court to render the judgment void.
Labour law and family law proceedings: Labour law and family law proceedings also have four stages. The first stage starts with the complaint. The defendant will be served with this complaint and will be given the opportunity to file a response.
The second stage is the pre-trial hearing, at which the court will rule on the motions filed by the parties and set a trial date.
The third stage is the trial, which ends with a judgment rendered by the court.
The fourth stage is the post-trial stage. In labour law proceedings, one or both parties may file an annulment petition, asking the court of appeal or the Supreme Court to render the judgment void. In family law proceedings, the parties can appeal the judgment of the first-instance court. A party that disagrees with the decision of the court of appeal can then file an annulment petition to the Supreme Court of Chile.