RELIEF OF EVIDENCE IN COURT DECISION AT 1ST INSTANCE BASED ON ARTICLE 311, PARAGRAPH IV OF CIVIL PROCEDURE CODE

Abstract

This paper proposes the use of relief of evidence in the court decision at 1nd instance based on Article 311, item IV of the Code of Civil Procedure, as a way of ensuring the effectiveness of judicial protection and better distributing the burden of time between the parties. By the deductive method, the requirements for granting interim relief in this hypothesis were analyzed, as well as the side effects arising from it, such as the weakening of the automatic suspensive effect applied to appeals to arrive at the conclusion that the relief of evidence can be used at 1nd instance Court decisions.

Keywords

• code of civil procedure
• relief of evidence
• court decision at 1st instance
• marginal damage
• burden of time between the parties