The judicial procedure is the set of requirements demanded by the procedural law of a country so that the resolution of a conflict can be carried out by a judge or court with all the guarantees for both parties.
The judicial procedure is the development that leads to a conflict that is judicialized, that is, that is presented before a court to resolve it.
This procedure refers to the stages that a conflict between several parties goes through until it is resolved by means of a judgment. That is, by judicial solution. When this procedure is studied, the procedural law is studied, that is, the requirements demanded by law that must be met in the different stages.
In colloquial language, process and procedure are used in a similar way, and although in the legal field they are often used indifferently as well, it has different nuances.
Judicial process and procedure
The main difference between process and judicial procedure is that the word process is usually associated with the judicial part (judicial process), on the other hand, if we talk about administrative procedures, administrative procedure is used and not administrative process.
What is the key that differentiates these two definitions?
The process refers to the particular actions carried out in a conflict brought before a judge. Instead, the procedure is the outline that the process has to meet in order for it to develop.
The procedure is the framework where the process takes place.
Characteristics of the judicial procedure
The main characteristics of the judicial procedure are:
- It is an immovable scheme regulated by law.
- It establishes the steps to follow in a judicialized conflict.
- Regulates the deadlines for each party to perform its action.
- It sets out the actions to be carried out by each party at the appropriate procedural moment.
- It obliges you to follow this scheme in order to guarantee a fair process.
- Its purpose is to achieve effective equality between the two parties that appear in the conflict.
To understand the procedure, let's see an example. A judge cannot pass judgment just by filing the claim by one party, but must follow the established deadlines to process the other party to answer, hold the trial, take the test, hear the conclusions of the parties and subsequently will pass sentence.
These steps are those that make the procedure with their respective deadlines to safeguard the right to defense that all parties have in a State of law and the equality of parties.
Preclusion is the logical consequence of failure to comply with a procedure established by the procedure. That is, if you do not request the evidence that you wanted to be carried out in court at the appropriate procedural moment, that is, when the procedure says that it must be done, that procedure will be precluded.
Preclusion means that once the time or deadline for requesting a procedural act has passed, you will not be able to request it later.