LAW NO. 20.886 MODIFIES THE CODE OF CIVIL PROCEDURE, TO ESTABLISH THE DIGITAL PROCESSING OF JUDICIAL PROCEDURES Having present that the National Congress has given its approval to the following bill originating in Motion of the Honourable Senators Pedro Araya Guerrero, Alfonso De Urresti Longton, Alberto Espina Otero, Felipe Harboe Basquunan and Hernan Larraín Fernández, Draft Law: " Title I of the electronic processing of judicial proceedings Article 1. Scope of application. This law will apply to all the causes that are known to the courts indicated in the second and third points of Article 5 of the Organic Code of Courts, with the exception of the causes that the military courts know in time of peace. Article 2.-Principles. The processing of the causes governed by this law shall be subject to the following general principles: (a) Principle of functional equivalence of electronic support. The courts and other procedural acts signed by electronic signatures shall be valid and shall have the same effect as if they were carried out on paper. b) Principle of fidelity. All proceedings of the proceedings shall be recorded and kept in full and in successive order in the electronic folder, which shall ensure their fidelity, preservation and reproduction of their content. c) Principle of advertising. The acts of the courts are public and, consequently, the computer systems used for the registration of the judicial proceedings must guarantee the full access of all the persons to the electronic folder under conditions of equality, except for exceptions established by law. Notwithstanding the foregoing, the claims, the submissions relating to precautionary measures, including those requested for a preliminary ruling, and other matters whose effectiveness requires reservation, shall be accessible only to the applicant as long as he is not has notified the resolution of the relapse. The bulk processing of personal data contained in the electronic processing system of the Judicial Branch is prohibited without its prior authorization. The offence committed by public and private entities to the provisions of this paragraph shall be sanctioned in accordance with Law No 19,628. The Supreme Court will regulate by an agreed order the search for causes in the electronic processing system of the Judicial Branch. d) Principle of good faith. The parties, their proxies and all those involved in the process under the processing system shall act in good faith. The judge, on his own initiative or at the request of a party, shall prevent, correct and punish, as appropriate, any action or omission that amounts to a fraud or abuse of proceedings, violation of his or her own acts or any other unlawful, delaying or any other conduct another way contrary to good faith. e) Principle of updating of computer systems. The computer systems for the processing of the judicial branch must be updated through the Administrative Corporation of the Judicial Branch in order to allow its correct operation and the most fluid and expeditious interconnection interoperability with each other and with other public institutions. (f) Principle of cooperation. The auxiliaries of the administration of justice, the public institutions and the judicial branch shall cooperate with each other in the use of electronic means in order to ensure the interconnection and interoperability of the systems (a) information on the use of electronic documents and, in particular, the mutual recognition of electronic documents and the respective means of identification and authentication. To this end, the public institutions and the courts will propose the conclusion of cooperation agreements. Article 3.-Mandatory use of the computer system, support and conservation. The judges, assistants of the administration of justice and officials of each court shall be obliged to use and to register in the computer system all the decisions and procedural actions to be verified in the judgment. For the purposes of registration of decisions and actions in the processing system, the relevant nomenclatures must be properly applied, according to the stage and the procedural state of each case, in such a way as to constitute an accurate record of its processing, from the beginning to its term. The preservation of the records will be in charge of the corresponding court through the Administrative Corporation of the Judicial Branch, in accordance with the provisions of the Organic Code of Courts. The electronic folder and its records must be backed up by information on a regular basis. If, for any reason, the material support of the electronic register is damaged by affecting its contents, the court will order to replace it in all or part by a faithful copy, which shall obtain from the person who has it, if it does not directly dispute it. If there is no faithful copy, the resolutions will be issued again, for which the court will gather the background that will allow it to substantiate its preexistence and content, and the actions will be repeated with the necessary formalities for each case. However, it will not be necessary to re-dictate the resolutions or to repeat the actions that are the antecedent of known resolutions or in the stage of execution or execution. Article 4-Electronic signature of decisions and actions of the court and authorized copies. The decisions and actions of the judge, the registrar, the administrator of the court and the auxiliaries of the administration of justice shall be signed by means of advanced electronic signatures. The judges and other officials referred to in the preceding paragraph shall be personally responsible for the advanced electronic signature made available to them and shall be prohibited from sharing them. The decisions taken by the judges by means of advanced electronic signatures shall not require the signature or authorization of the minister of faith concerned. The authorized copies of the resolutions and actions must be obtained directly from the computer system of processing with the corresponding electronic signature, which shall have a stamp of authenticity. Article 5.-Presentation of claims and writings. The income of the claims and all the written documents shall be made electronically through the electronic processing system of the Judicial Branch, for the purposes of which the lawyers or entitled entitled shall be registered in the terms that are regulated in the the agreed order that the Supreme Court will dictate to the effect. In exceptional cases, where circumstances so require or a person authorized by the court is lacking the necessary technological means, the documents may be presented to the court materially and on paper by the court. the minister of faith concerned or the mailbox specially empowered to do so. Papers presented in paper format will be digitized and entered into the electronic folder immediately. Article 6.-Presentation of documents. The electronic documents will be presented through the electronic processing system of the Judicial Branch or, if the circumstances so require, will be accompanied in the court through the delivery of some storage device electronic data. Documents whose original format is not electronic may be submitted materially in the court and shall be held in the custody of the official or minister of faith concerned. However, executive titles whose original format is non-electronic shall be presented materially in the court and shall be held in the custody of the official or minister of faith concerned, under the warning of not having initiated the execution. Without prejudice to the foregoing paragraph, the documents and executive titles presented materially shall be accompanied by a copy in digital form through the electronic processing system of the Judicial Branch or, in the case of This will require the circumstances, in the court, through the delivery of some electronic data storage device. If the digital copies of the documents or executive titles are not presented, or if there is a substantial disagreement between them and the original document or executive title, the court shall order, either on its own initiative or at the request of a party, to accompany the corresponding digital copies within a third day, under the warning of having not presented the respective document or executive title. In exceptional cases, where a person has been authorised to submit written submissions materially because of the lack of technological means, it will not be necessary to accompany digital copies. In this case, the documents and executive titles presented in non-electronic format will be digitized and immediately entered by the court into the electronic folder. Article 7.-Sponsorship and electronic power. Sponsorship by a lawyer entitled to pursue the profession may be established by means of advanced electronic signatures. The judicial mandate may be established by means of the advanced electronic signature of the mandante. Consequently, in order to act as a judicial agent, the constituted by written declaration of the undersigned with advanced electronic signature shall be deemed to be sufficient, without requiring his personal appearance to authorize his judicial representation. The finding of the quality of lawyer enabled will be made by the court through its records. Article 8. Other forms of notification. Any of the parties or interveners may propose, for themselves, a form of electronic notification, which the court may accept even if the law provides that the notification must be carried out by a transferor if, in his opinion, it is sufficient I am not going to cause any defenceless. This form of notification will be valid for the entire process. Article 9.-Registration of performances of receivers. In order to carry out the action records, the judicial recipients must register in the electronic processing system of the Judicial Branch. The receivers must add to the electronic folder a testimony giving an account of the action taken within two working days following the date on which the due diligence was carried out, with due constancy of all the work. In the notifications, requirements or embargoes, the testimony or act of the diligence shall include a georereferenced record, which counts the place, date and time of its occurrence. In addition, in the case of the removal of species, the recipients shall include a photographic or video record with the date and time of the movable property, at the time of withdrawal for delivery to the hammer, unless there is opposition from the debtor or the depository. The Supreme Court will be able to regulate through an agreed order the way to place constancy of the georereference, establishing the requirements and technical specifications to be met by the receivers to determine, by means of a system of coordinates, their geographical location at the time of their diligence. Any non-compliance with or guilty of such rules shall constitute a serious misconduct and shall be sanctioned by the court, after hearing of the court, with any of the measures referred to in numbers 2, 3 and 4 of the third subparagraph of the Article 532 of the Organic Code of Courts. In the event of recidivism, the judge shall apply the measure of suspension of duties for one month. Article 10.-Exhorts. Appeals between national courts must be remitted, completed and returned through the use of the electronic processing system of the Judicial Branch. Any national letters rogatory must be derived through the electronic processing system from the exhorting court to the exhortation and, once processed by the latter, must be returned, incorporating each and every one of the actions that performed in the electronic folder to which it originated. However, where the exhorts are to be verified from or to national courts without the electronic processing system, an email box set up for such purposes or the most effective means of communication shall be used. of the court. Article 11.-Trades and judicial communications. Judicial offices and communications to be verified from or to national public institutions with the necessary technical resources shall be carried out through electronic means. Judicial offices and communications to be verified from or to national public institutions lacking the necessary technical resources shall be carried out by means of the most effective means of communication available to them. public institution. Title II Of the amendment of several legal bodies Article 12.-Please introduce the following amendments to the Code of Civil Procedure: 1) Replace Articles 29 and 30, for the following: " Article 29.-The folder will be formed electronic with the documents, documents, resolutions, proceedings of hearings and actions of any kind that are presented or verified in the judgment. These records shall be recorded and kept in full in accordance with their date of filing or verification through any means guaranteeing the fidelity, preservation and reproduction of their content, which shall be regulated by order of the Supreme Court. The electronic folder will be available on the Internet portal of the Judiciary, unless the law establishes the opposite or enables the court to restrict its advertising, or that of some part of it. No part of the electronic folder can be removed without the court hearing the case being previously decreed. Article 30. The documents and documents shall be submitted by electronic means as provided for in Articles 5 and 6, respectively, of the General Law on Electronic Processing of Judicial Procedures. The letters shall be headed with a sum indicating the content or the procedure in question. " 2. Rule 31. (3) Substitute Article 33, as follows: " Article 33.-The legal secretaries of the civil courts may, on their own, issue the interlocutory judgments, orders and orders, providences or supplies, except where they may be imported. to end the trial or make its continuation impossible. The replacement which is brought against these decisions, where appropriate, shall be settled by the judge. ' 4) Amend Article 34 as follows: a. Replace the expression "the process, in accordance with Article 29," with "the electronic folder". b. Replace the sentence that states: "At the time of adding them, the secretary will number every record in figures and in letters.", for the following: " The electronic processing system of the Judiciary will automatically number each piece of the folder (5) Rule 35.-(5) Rule 35. 6. Articles 36 and 37 shall be replaced by the following: " Article 36.-Parts which are presented to the court shall be kept in their custody and responsibility. They will not be able to withdraw but for the people and in the cases expressly mentioned in the law. It will be up to the court to ensure strict compliance with the provisions of Article 393 of the Organic Code of Courts. 37.-When the courts ask for or have to hear written opinion from the respective judicial prosecutor or public defenders, they shall send them communication of the electronic folder to which they must access electronically. If these officials delay such an opinion, the court may give them a reasonable time to send it or add it to the electronic folder. In cases where another court requires the referral of the original file or some notebook or part of the process, the procedure will be completed by sending the corresponding communication of the electronic folder to which they must access electronic processing system of the Judicial Branch. The same shall apply every time the law orders the referral, return or dispatch of the process or any of its pieces to another court. "7) Replace, in Article 46, the word" pasted "by" aggregate ". (8) Substitute Article 50, which follows: " Article 50.-Resolutions not included in the preceding Articles shall be construed as having been notified to the parties since they are included in a state to be formed electronically, which shall be available daily on the website of the Judiciary with the indications that the following paragraph expresses. The state shall be headed by the date of the day on which it is formed and shall be mentioned by the order number corresponding to them in the general role, expressed in figures and letters, and also by the names of the claimant and the defendant or the first persons who (a) whether or not they are several, all the grounds on which the judgment was given on that day and the number of judgments given in each of them. These states will be kept on the website of the Judiciary for at least three days in a way that prevents making alterations in them. Notifications made in accordance with this article will be recorded in the electronic folder on the same day the status is published. The notification made in accordance with this article shall be null and void in case the display of the resolution referred to in the daily state is not possible due to technical problems of the electronic processing system of the Judicial Branch, which may (9) Reposition, in Article 57, the phrase 'stamp on the proceedings' by 'add to the electronic folder'. 10) Amend Article 61 in the following terms: a. Replace, in the first indent, the phrase "written in the process" by "bona fide in the electronic folder". b. Add, in the second indent, the following final sentence: "The corresponding record shall be digitised and incorporated into the electronic folder immediately." Add, in the third indent, below the word "action", the following sentence: "in all cases where a law expressly provides for it". d. Add the following final point: " In cases of counting with the necessary technical resources, the hearings in which the court will participate by means of digital audio, video or other equivalent technological support, which will be added to Article 77, as follows: " Article 77.-Without prejudice to the foregoing Article, any communication directed by one court to another shall be conducted to its destination by way of of the system of electronic processing of the Judicial Branch, and not being possible the previous, by the most expeditious means of communication. '12) Substitute, in Article 129, the text' shall be used as the appropriate paper; but ', by a comma (,). (13) Replace the final paragraph of Article 162, by another of the following wording: " The court shall state in the electronic state referred to in Article 50 and in the electronic folder the fact that the final judgment has been given, (14) Substitute the third paragraph of the first paragraph of Article 165 (5), by the following two, by passing the present fourth paragraph to be fifth: " The only presentation of the written extinguishing the right to stay even if the cause is not seen for any other reason. This writing will pay in the Supreme Court a special tax of a united average d monthly tax and in the Courts of Appeals, a quarter of a monthly tax unit. This payment shall be made electronically by means of a computer system which is available for the purpose and shall be associated with the respective cause by means of proof of payment or validation code or, where the foregoing is not possible for any reason, tax stamps to be affixed in the respective written form that will be presented materially. For the purposes of Article 198 of the Organic Code of Courts, the payment of taxes for the recovery of members ' lawyers shall be made in the same way as in the preceding paragraph. " (15) Add, in the first paragraph of Article 169, to continuation of the word "signature", the expression "advanced electronics". (16) Substitute the second indent of Article 172, which follows: "In this case, separate electronic notebook shall be formed with the pieces necessary to make a judgment and execute it." (17) Replace, in the first paragraph of Article 196, the expression 'it provides', as follows: 'of five days from the date of the certification to which it refers'. (18) Substitute Article 197, which follows: " Article 197.-The decision granting an appeal shall be deemed to have been notified to the parties in accordance with Article 50. The court shall transmit electronically to the court of show a fair copy of the decision appealed, of the appeal and of all the antecedents which are relevant for a final statement on the appeal. Received the background referred to in the previous paragraph, the Court of Appeals will proceed to the assignment of an income number. It shall be followed by a separate electronic logbook for the knowledge and failure of the appeal where it has been granted in the only positive effect. In the event that the appeal is granted in both cases, the court of law will continue the processing in the electronic folder, which will be available in the electronic processing system of the court of the appropriate court. " 19) Article 198 should be repealed. 20. In the first paragraph of Article 199, the phrase "to appear in the second instance" shall be replaced by the following: "of five days from the certification referred to in Article 200,". (21) Substitute Article 200, by the following: "Article 200.-The court of appeal shall certify in the electronic folder the receipt of the communication referred to in Article 197 and its date." 22) amendments that follow: a. Delete, in the first subparagraph, the sentence "; and if the appellant does not appear within the time limit, he must declare his defection after certification that the secretary must carry out on his own initiative". b. Delete the second sentence of the second indent. 23. Rule 202. 24. In Article 203, the phrase "which is granted by Article 200" shall be replaced by the words "five days". (25) Substitute, in the second paragraph of Article 204, the phrase 'the referral of the proceedings, provided that it is necessary to examine it in order to give a correct decision', by the following: ' to make the electronic folder available to you The Court of the Court of the European Court of the European Court of 26. In Article 205, the following amendments shall be made: Remove, in the first paragraph, the comma (,) that follows the word "higher", and the final phrase "returning the process if it has been raised". b. Replace the second paragraph, by the following: "If the appeal is declared admissible, the higher court shall give the process the appropriate processing and shall communicate it to the lowest as appropriate." 27. (28) Substitute, in Article 214, the phrase 'shall return the process to the lower', for which it follows: 'shall make the process available to the child'. 29) Amend Article 217 as follows: a. Replace your point first, by the following: " Article 217.-Accession to the appeal may be made in the second instance within five days from the date of the certification referred to in Article 200. The document of accession to the appeal shall comply with the requirements laid down in Article 189. The provisions of Article 201 shall apply to the application of the appeal. ' b. Replace your final point, which follows: " The time of submission of applications for accession and withdrawal will be recorded by the electronic processing system of the Judicial Branch, or by the court through the stamp available to the court. (a) the letter of the letter of the letter of the letter of the letter of the letter of the letter to the Commission of the European Parliament of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament. of the provisions of Articles 201 and 202. ' (31) Reposition Article 230, by the following: " Article 230.-The reports in law, with the signatures of the lawyer and the party or his attorney, and the certificate referred to in Article 372, number 6, of the Organic Code of Courts add to the electronic folder for the knowledge of the ministers. "32) Intercalase, in the second paragraph of article 259, following the expression" effective, ", the following:" on the web portal of the Judiciary and ". (33) Reposition, in Article 268, the words "and shall deliver the cars to the" by "and the electronic folder shall be made available to the". (34) In Article 348 a, the following final indent is added: " In the event that the electronic documents accompanied may be received directly in the electronic folder, the court may omit the summons to a hearing of the hearing, (i) to understand that they have been brought to the attention of the opposing party since the notification of the decision which is accompanied by them under the appropriate warning. ' 35) Intercalase, in the first paragraph of Article 371, continuation of the word 'copy', the sentence: 'in the form indicated in Article 77,'. (36) In accordance with Article 469, the text which states: ' the cars shall remain at the secretariat for a period of six days at the disposal of the parties, before giving judgment. During that period, the observations which the examination of the evidence suggests, and after the expiry of the examination, may be made in writing ', shall mean:' the parties shall have six days to make the observations in writing which the examination of the evidence suggests. (37) In accordance with Article 768 of the first paragraph of Article 768 (1), the following amendments shall be inserted in Article 773: a. Replace, in the third subparagraph, the phrase 'to the photocopies or compulsories which shall be sent to the court which must be aware of the failure to comply.' by 'to the electronic folder referred to in Article 29.', and the final locution 'to send the relevant notebook to the court', for 'sending the relevant communication to the higher court.'. b. Insert the following fourth, new point, passing the current fourth indent to be fifth: "In this case, separate electronic notebook shall be formed with the necessary parts." 39) The following amendments are inserted in Article 776: a. Delete, in the second indent, the text which states: ' for the purposes of the judgment and order to raise the original cars to the higher court so that it may know of the appeal and return the respective photocopies or the court to hear about the failure to comply. The appellant shall apply as laid down in the second indent of Article 197 '. b. Delete the third indent. 40) Rule 777. 41) Amend Article 779 as follows: a. Replace, in the first subparagraph, the reference to "Articles 200, 202 and 211", as follows: "Article 200". b. Delete the second paragraph. Article 13.-The following amendments are made to the Organic Code of Courts: 1) Reposition Article 89, as follows: " Article 89.-In the case of the final orders and the interlocutors of the collegiate courts, (i) I would like to say that I am very much in favour of the motion for a resolution. Special reasons may also be given electronically which a member of the majority has had in order to form a judgment and which has not been inserted in it. The sentence, his dissent and the preventions will be available on the website of the Judiciary. These documents may be published by the Supreme Court in the Gazette of the Courts or in other publications available for that purpose. " 2) Amend Article 176 in the following terms: a. Delete, in the first indent, the expression 'the Secretariat'. b. Replace the second paragraph, by the following: "This designation shall be made electronically by order of the president of the court, assigning to each cause a number of order, according to its nature." 3) Substitute Article 220, for which it follows: " Article 220.-The secretaries of the collegiate courts shall electronically keep a public register of integrations and of assistance to the court, in which they shall record daily the names of the members who have not attended, with the expression of the cause of inassistance, and of the officials or lawyers who have been called upon to integrate, information that will be available on the website of the Judiciary. The integration must be given testimony in the respective electronic folder. "4) Replace, in the third paragraph of the first paragraph of Article 372, the expression" that they are given "by" physical or digital who are given or assigned to them ". 5. replace the second paragraph of Article 380, by the following: "2. Make known the providences or resolutions to the interested persons who come to the office to take knowledge of them, registering in the electronic folder the modifications that they make, and to practice the notifications for the daily state." (6) Substitute Article 384, by another of the following wording: " Article 384.-The secretaries shall be responsible for making the following records: 1. An electronic record of the final judgments given in civil matters, contentious or non-contentious, with the appropriate advanced electronic signature of the judge or judges involved. It shall also include in that electronic register the interlocutory judgments which put an end to the judgment or render impossible its continuation. The same electronic register will be formed in the collegiate courts in the preceding cases. 2 The electronic register of the deposits referred to in Article 517. 3rd An electronic record of the resolutions relating to the court's economic and disciplinary regime, with the due electronic signature of the judge or judges involved. 4th The others who order the laws or the court, those who must be made up electronically. " 7) Be effective, in Article 386, the amendments that follow: a. Replace, in its heading, the word "books", by the expression "electronic records". b. Delete the number 4. 8) Substitute, in the second indent of Article 392, the sentence "written in the book set out in the final paragraph of Article 384", by the following: " registered electronically in accordance with the provisions of the 3rd of the Article 384 ". 9. in Article 393, the following amendments shall be made: Replace, in its first indent, the words "in the respective cars" by "in the respective electronic folder". b. Replace, in its third indent, the text which states: " to remove from the secretariat of the court the pieces of the file which are strictly necessary for the performance of the diligence to be carried out. The file or the respective logbook, if any, shall be returned to the Registrar of the Court within two working days of the date on which the due diligence was carried out, with due constancy of all the work ', by the following: "access to the causes through the electronic processing system of the judicial branch for the execution of the due diligence, and must leave in the electronic folder constancy of all the work". (10) Substitute, in the fourth indent of Article 517, the word "book" by "electronic register". 11. In the second paragraph of Article 522, the word "book" shall be replaced by "electronic registration". (12) Substitute, in the second indent of Article 531, the word "book" by "electronic register". TRANSITIONAL PROVISIONS Article 1-Entry into force. This law shall enter into force for six months from the date of its publication, for all the reasons which are dealt with before the courts exercising jurisdiction in the jurisdictional territories of the Courts of Appeals of Arica, Iquique, Antofagasta, Copiapo, La Serena, Rancagua, Talca, Chillán, Temuco, Valdivia, Puerto Montt, Coihaique and Punta Arenas, and for a year from the date of its publication for the causes that are dealt with in the courts that exercise jurisdiction in the jurisdiction of the other Courts of Appeals of the country. Article 2.-Application of the provisions of the law. The provisions of this law will only apply to the causes initiated after its entry into force. The causes shall be understood as starting from the date of filing of the application or the preliminary ruling, as appropriate. For the purposes of this article, the Supreme Court will dictate one or more agreed orders with the aim of ensuring its correct implementation. Article 3-Limitation to Articles 12 and 13. The amendments made to the Code of Civil Procedure and the Organic Code of Courts by means of Articles 12 and 13, respectively, shall not apply to the causes dealt with in courts other than those covered by the Article 1. " And for how much I have had to approve and sanction it; therefore promulgate and take effect as Law of the Republic. Santiago, 14 December 2015.-MICHELLE BACHELET, President of the Republic.-Javiera Blanco Suárez, Minister of Justice. What I transcribe to Ud., for his knowledge.-Atently, Ignacio Suárez Eytel, Assistant Secretary of Justice.