CHILE Law and Practice Contributed by: José Miguel Valdivia, Juan Francisco Sánchez, José Tomás Blake and Tomás Izquierdo, Valdivia Legal
7. Other Parties 7.1 Joinder
• supporting third parties (by backing either the claimant or the defendant); or • opposing third parties (holding a position contrary to that of the claimant or defendant). Individuals typically join ongoing proceedings as independent third parties for strategic reasons. The Supreme Court has clarified that supporting third parties are bound by the procedural actions of the claimant or defendant. If the primary party does not appeal, the supporting third party can - not appeal either. In contrast, independent third parties have procedural independence, allowing them to act autonomously throughout the pro - ceedings. An action against the executive branch of the Chilean government is governed by the Civil Procedure Code of 1902, which lacks the mod - ern procedural rules found in common law coun - tries. As a result, discovery, as broadly allowed in jurisdictions such as the United States, England and Wales, or Australia, is generally not available under Chilean law. However, the Chilean Civil Procedure Code does permit claimants to request specific evidence from future defendants to prepare for trial. This may include affidavits regarding the opposing party’s capacity or the production of documents relevant to the litigation. Additionally, parties can request the submission of specific evidence that is at risk of disappearing, such as witness testi - mony and expert reports. 8. Evidence 8.1 Disclosure/Discovery In both cases, the requesting party must detail their future claims and provide a brief explana - tion of the grounds for the request, along with
Under Chilean law, the Civil Procedure Code of 1902 regulates the procedure for joinder in administrative matters, consolidating claims or parties into a single case. This legislation permits the combination of different claims into one, fol - lowing the general rules applicable to civil and commercial disputes. To seek the unification of claims in a single suit, a writ is sufficient. The party requesting joinder must demonstrate the following. • There are two or more ongoing cases. • The cases are subject to the same type of procedure. • The proceedings in the ongoing cases are at analogous stages. • The actions brought in one case are identical to those brought in another. • Both sets of actions arise directly and imme - diately from the same facts. If joinder of claims is denied (which is often the case), local courts may still allow for joint oral arguments, even if the cases are not formally unified as one. 7.2 Roles of Additional Parties Third parties can join proceedings already initi - ated by others to contest the same government decision but must demonstrate the State’s deci - sion has caused them direct harm. Their legal standing is also governed by the Civil Procedure Code of 1902, which defines their status in judi - cial matters. Individuals who did not initiate the proceedings can participate in disputes involv - ing the government as: • independent third parties;
93
CHAMBERS.COM
Powered by FlippingBook