Criticism of the summons procedure in civil proceedings in Ecuador
May 29, 2023
The summons from a simple point of view is the diligence through which the judge makes known to a person who is called to appear in a legal dispute, can exercise their rights, deduce exceptions in order to avoid defenselessness, and the The function performed by the subpoena is regulated in the Regulations for the Management of Judicial Subpoenas, including said regulation, which gives public faith to the minutes and the reasons established. However, the legal professional who is representing a person as a plaintiff in a civil proceeding, in the summons process may receive bitter news and it is precisely the reason for “no summons”. Therefore, to how many lawyers has it happened to us that the defendant refuses to receive the subpoena or talks to his neighbors, employees or friends and asks that if someone asks for his address they tell the subpoena that he does not live or work in that place? Well, this critical knot is what we face every day, faced with an inadequate and expired summons system that must be REINVENTED and opt for other PRAGMATIC options, such as being able to coordinate directly with the UPC closest to the defendant’s home. for which said procedure is carried out, and the police report can replace the summons record.
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