Description
CHALLENGES OF PRESENTING EVIDENCE IN LEGAL PROCEEDINGS
Book Summary
This monograph offers a rigorous analysis of the primary means of evidence in civil proceedings—documentary, expert, testimonial, and party statements—from the perspective of their presentation. The work examines the practical and dogmatic problems that arise in this key phase, taking Chilean and Spanish legislation as a reference. The reader will find a detailed study of specific issues such as electronic documents, meta-expert reports, the role of the expert witness, and mixed systems of evidentiary assessment, concluding with proposals for improving the procedural system.
What is it about?
The work focuses on the stage of presenting evidence within civil proceedings, analyzing four fundamental means of proof: documentary, expert, testimonial, and party statements. For each, the author identifies the specific challenges that may arise, considering variables such as the oral or written nature of the procedure, the role of the participants, and the figure of anticipated evidence.
The study delves into specific topics of great practical relevance: the treatment of electronic documents as documentary evidence, the problems of meta-expert reports (expert reports on other expert reports), the figure of the expert witness, and mixed systems of evidentiary assessment in relation to party statements. Each chapter concludes by analyzing how the method of presentation influences the subsequent assessment of the evidence, identifying legislative and dogmatic problems, and offering alternative solutions that can contribute to improving the procedural system.
Main Topics
- Presentation of documentary, expert, and testimonial evidence, and party statements in civil proceedings.
- Impact of orality and written procedures on evidentiary practice.
- Procedural treatment of electronic documents.
- Meta-expert reports and their admissibility in proceedings.
- The figure of the expert witness and its differentiation from the traditional expert.
- Mixed systems of evidentiary assessment and their application to party statements.
- Relationship between the method of presentation and the assessment of each means of proof.
- Legislative and dogmatic proposals for improving the civil evidentiary system.
Who is it recommended for?
This work is aimed at trial lawyers, judges, procedural law academics, postgraduate students, and legal professionals interested in civil evidentiary practice. It is especially useful for those seeking to understand the concrete problems that arise in the presentation of evidence and who wish to access a comparative analysis between the Chilean and Spanish systems, with proposed solutions applicable to forensic practice.
What this book provides
- A detailed and updated analysis of the practical challenges in presenting the main means of evidence in civil proceedings.
- A comparative perspective between Chilean and Spanish legislation that enriches the understanding of procedural solutions.
- Concrete proposals for legislative and dogmatic improvement to optimize the evidentiary system.
- A specific study of complex figures such as electronic documents, meta-expert reports, and the expert witness.
- A guide to understanding how the method of presenting evidence conditions its subsequent assessment.
Technical Specifications
- Author: GONZALEZ COULON, MARIA DE LOS ANGELES
- Publisher: J.M.BOSCH
- Language: Spanish
- Topic: CIVIL PROCEDURE: EVIDENTIARY LAW
- Collection: J.M. BOSCH EDITOR PROCEDURAL COLLECTION
- Publication date: April 2025
- Number of pages: 130
- Weight: 300 g
Editorial Assessment
This is a specialized monograph of great utility for the procedural law professional, which rigorously addresses a crucial phase of civil proceedings: the presentation of evidence. The work stands out for its practical and comparative approach, offering a detailed analysis of the concrete problems that may arise in each means of proof and proposing viable solutions. It is a valuable reference text both for the litigator seeking to anticipate difficulties in practice and for the academic interested in the dogmatic evolution of evidentiary law. Its contained length and clear structure allow for an agile reading focused on the topics of greatest interest to the reader.