Judicial procedement


Judicial procedure is conceived doctrinally as the way in which the judicial activity is concretized, and constitutes the dynamic element of the process. In its broadest sense, it refers to the norms of development of the process, of rituality, processing, or formalities for the realization of subjective rights with due respect for rights and guarantees.

It is constituted by the combination and coordination of several legal acts that, being processally autonomous, have the purpose of producing the final legal effect of the process; that is to say, it is composed by the acts of beginning, development and conclusion of the same. Therefore, in its external aspect, it appears as a temporary sequence of acts, where each of them is presupposed of the following and condition of effectiveness of the previous one.

Generally within a process we find a single procedure. However, it is common for a number of procedures to exist within it when secondary or ancillary issues are raised in the main proceedings. In this case, each secondary issue or incident will give rise to a procedure other than the main one, although within the same process.

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