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This is personal or impersonal information that can only be obtained and disclosed through a judicial or administrative request for example, the financial behaviour of individuals. This is personal information which can only be obtained and disclosed through a judicial request for example, medical records, and information obtained within litigation.
Reserved and confidential information. This is personal information closely connected to constitutional and fundamental protected rights such as the rights to freedom, dignity and privacy. This information cannot be obtained or disclosed in any circumstances, and even judges have no right to access this information for example, genetic data, information related to sexual and political ideology, and so on.
Information covered by professional secrecy Professional secrecy is recognised when information is linked with certain professions or activities, as either a right or a duty. The legal basis of the non-disclosure of information covered by professional secrecy is grounded in the defence of personal reputation and honour, protection of the public image and the privacy of the recipient.
The main features of information that will be deemed to be covered by professional secrecy are as follows: The information is essential in the field of certain professions, especially those characterised by the provision of a high level of personal service. The right to access the information is inviolable, and not even the professional has the right to decide whether to disclose the information.
The right to secrecy is enforceable against third parties. Whether particular information will be deemed to be covered by professional secrecy will also depend on the nature of the professional relationship and the degree of proximity between the parties.
For documents or information issued consequent to a client-attorney relationship, the Constitutional Court has held that all communications are inviolable and any illegal disclosure of this information will be severely punished. However, in certain extreme cases disclosure is allowed for example, to prevent a crime.
For information exchanged within settlement hearings or meetings, there is no specific law which expressly prevents the parties from using as evidence a statement made in a genuine attempt to settle.
Examination of witnesses Do witnesses of fact give oral evidence or do they only submit written evidence? Is there a right to cross-examine witnesses of fact? Oral evidence As a general rule, the oral evidence of witnesses is taken by deposition in the presence of the parties and the judge.
Ex parte depositions are allowed in the cases contemplated by Articles and of the GCP. Written depositions may be filed before the court if they were collected in another proceeding or as part of a "before trial" petition, but they are subject to ratification. The judge must authorise the incorporation of written evidence submitted by witnesses into the file by applying the rules set out in Article of the GCP. Right to cross-examine Both parties can directly examine witnesses, regardless of which party summoned the witness.
Additionally, both parties have the right to redirect and re-cross examine witnesses. Redirection and re-cross examination are allowed for the purposes of clarification or to address any matter covered by the witness on the cross-examination ArticleGCP. Third party experts What are the rules in relation to third party experts?
Appointment procedure The overriding principle is that a third-party expert can be introduced where it is necessary to verify facts related to the litigation that require special, scientific, artistic or technical knowledge to be understood.
Article of the GCP provides that only one expert opinion is admissible per subject matter, per party. As a general rule, experts should be appointed by the parties. Exceptionally, the judge may appoint the expert. Under Article of the GCP, the third-party expert is appointed by the parties as part of the procedures to disclose or request evidence for example, the expert is requested as part of the original request for litigation, in the statement of defence or in the reply to the statement of defence.
However, if a party has been given what it considers to be insufficient time to present the expert opinion, that party can ask the judge to give them a reasonable amount of extra time to produce the expert opinion in this instance, the extra time given will be no less than ten days.
Rebuttal of the expert opinion and role of experts Once the expert has submitted his or her opinion which is considered impartial and independentthe other party, within a certain time limit, can attempt to rebut the opinion either by summoning the expert to an interrogatory hearing or by submitting a counter expert opinion. The judge also has the authority to summon an expert, even if this was not requested by a party to the litigation. Article of the GCP provides that the hearing at which the deposition of the expert is taken must abide by the following rules: Questions on the impartibility, aptness and professional background of the expert are admissible, as well as any other questions seeking to verify the assessments, methods and scientific and technical experiments used, as well as the foundation of the expert's conclusions.
Direct examination is allowed: Repeat direct and cross-examination are admissible. The expert must attend the hearing otherwise, the expert opinion will be dismissed by the judge. The judge has the power to question the expert at any time. Fees As experts are usually party-appointed, each party will assume the payment of its appointed expert unless the expert was appointed by the judge, in which case, each party will pay half of the fees ordered by the court.
What are the rules concerning appeals of first instance judgments in large commercial disputes? Which courts In the ordinary jurisdiction, the appellate court is the Civil Division of the Superior District Courts in claims of a value equal to, or greater than, USD40, that are decided in the first instance by civil circuit judges. In the administrative jurisdiction, claims of a value equal to, or greater than, USD, can be brought before the administrative judicial district courts at first instance and can be appealed before the council of state.
The following decisions can be subject to appeal among others: Rulings made by a judge, except certain claims where the claimant seeks an amount of less than USD10, All the decisions listed in Article of the GCP.
Certain other decisions as determined by law. In general, the grounds to file an appeal are as follows: Wrongful application of the law pertinent to the subject matter of the dispute. Wrongful appreciation of the evidence collected.
Gross mistake in the determination of the material facts of the dispute.
Time limit A party must appeal a decision within the following time limits: If the ruling is issued during a hearing, the party must request an appeal orally and immediately after the ruling is issued.
If the ruling is not issued during a hearing, the party must request an appeal in writing within three days after notification of the decision by notice. Are there any mechanisms available for collective redress or class actions? Colombian law provides for two types of collective redress: Collective actions, which are intended to protect collective rights and interests, specifically to: The provisions on opting in or out only apply to collective actions. Does the unsuccessful party have to pay the successful party's costs and how does the court usually calculate any costs award?
What factors does the court consider when awarding costs? The defeated party must pay the attorneys' fees for both parties and the court fees. Resolution N PSAA, issued by Superior Council of the Judiciary Consejo Superior de la Judicatura on 5 Augustprovides the rules on the limits of the fees that the unsuccessful party must pay to the successful party. The fees vary depending on the litigation process that was used and whether it involved one-stage "unique instance" proceedings or two stages.
For example, the fees applicable to verbal proceedings with the exception of some special processes are as follows: The fees applicable to collection proceedings are as follows: As regards the costs and expenses of the proceedings, article Is interest awarded on costs? If yes, how is it calculated? Enforcement of a local judgment What are the procedures to enforce a local judgment in the local courts? Article of the GCP provides that final decisions that order the payment of clear and express amounts are enforceable before the same judge that issued the order if the collection proceeding is a continuation of the declaratory verbal proceeding.
The procedure to be applied is contained in Article and following of the GCP.
Do local courts respect the choice of governing law in a contract? If yes, are there any national laws or rules that may modify or restrict the application of the law chosen by the parties in their contract?
As a general rule, if a contract has a foreign element, there is no specific law preventing the parties from choosing the law applicable to it. However, in practice the courts are likely to take a restrictive approach, allowing a choice of law only in the following two scenarios: If one of the parties is domiciled in Colombia and the contract at issue is to be performed abroad, regardless of whether the contract has been executed in Colombia or on foreign soil ArticleCommercial Code.
Colombian law does not allow parties to waive or delay the jurisdiction of the Colombian courts Articles 16 and Foreign decisions concerning matters subject to the exclusive jurisdiction of the Colombian courts of law are not enforceable in Colombia ArticleGPC for example, disputes concerning assets located in Colombia at the moment the dispute arises.
Do local courts respect the choice of jurisdiction in a contract? Do local courts claim jurisdiction over a dispute in some circumstances, despite the choice of jurisdiction?
In the absence of such a provision, the courts will claim jurisdiction when either of the following applies: The contract at issue is performed in Colombia regardless of whether the contract has been executed in Colombia or on foreign soil. Any of the parties claimant or defendant is domiciled in Colombia.
ArticleCommercial Code. If a party wishes to serve foreign proceedings on a party in your jurisdiction, what is the procedure to effect service in your jurisdiction? Is your jurisdiction a party to any international agreements affecting this process?
Under the Letters Rogatory Convention, the procedure to effect service in Colombia is through the Chancellery, which is the designated authority to receive and undertake requests for service coming from other contracting parties to this Convention, which is effected via letters rogatory. Under Article 4 of the Convention, the letters rogatory will be transmitted to the authority to which they are addressed by the interested party through judicial channels, diplomatic or consular agents, or the Central Authority of the state of origin in Colombia's case, the Chancellery or the state of destination, as the case may be.
Under Article 8 of the Convention, the letters rogatory and the appended documentation must be duly translated into Spanish Colombia's official language. To effect service, the letter rogatory must be accompanied by an authenticated copy of the complaint with its supporting documents.
It must contain the written information which identifies the judicial or the other adjudicatory authority that issues the letter, indicating the time limits within which the person being served must act, and a warning of the consequences of a failure to act. Under Article 10 of the Convention, letters rogatory must be executed in accordance with the national legislation of the state of destination in Colombia this is dependent on the judicial order that must be served under Article of the GCP.
There are two types of service that can be used Article and following, GCP: Personal service of process. Service by submission of a notice ArticleGCP. Cougar dating sites Gigi hadid joe jonas dating show 1 comments The reboot of the Digital World was meant to restore every Digimon unable to recompose into Digi-Eggs while Gigi hadid joe jonas dating show s power was meant to turn these Digimon into an army which would destroy humans and conquer the Human World.
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Litigation and enforcement in Colombia: overview
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Another census was not taken until the colonial Visitador royal inspector Antonio Mon y Velarde ordered one between and Intwo years before Colombia won independence, the city had 15, people and families. In it was renamed Colegio de Antioquia, and it became the University of Antioquia in The University also had the first vocational training school, the first cultural radio station in Latin America, and the first regional botanical garden.
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The Thousand Days War — stopped the industrial development of the city, although the civil war did not affect the region directly. Under reforms by President Rafael Reyes after the conflict, the city continued its industrial development  and founded a Chamber of commerce.
Trade grew to international dimensions as the main export of Colombia became coffee. Coltejer is one of the most important textile companies in Colombia. The Antioquia Railway built in conquered the difficult geography of one of the most mountainous regions of South America, notably with the La Quiebra Tunnelwhich connected the industrial center to the Magdalena Riverthe most major navigable river in Colombia.