NCJ Number
61140
Date Published
1978
Length
22 pages
Annotation
THE COST OF LITIGATION AND PROCEDURES FOR MAKING COURTS ACCESSIBLE TO CITIZENS IN CIVIL DISPUTES ARE DISCUSSED FOR COLOMBIA.
Abstract
UNDER COLOMBIA'S 1971 CODE OF CIVIL PROCEDURE, COSTS FACED BY THE PARTIES TO A CIVIL SUIT INCLUDE STAMP TAXES, COSTS OF NOTIFICATION, COSTS OF MAKING COPIES, PAYMENT OF AUXILIARIES TO THE JUDICIAL SYSTEM, THE COSTS OF PRODUCING EVIDENCE, THE INITIAL ATTORNEYS' FEES, AND LEGAL AGENCY COSTS. THE LOW PER CAPITA INCOME IN COLOMBIA MAKES SOME CIVIL LITIGATION PROCEEDINGS INACCESSIBLE TO THE AVERAGE CITIZEN, NOTABLY THE COSTLY PROCEEDING OF SEPARATING GOODS BETWEEN PARTIES IN A DIVORCE. RECENTLY PROCEDURES HAVE BEEN ENFORCED WHICH FREE THE POOR FROM ALL JUDICIAL EXPENSES IN PRIVATE LAWSUITS, INCLUDING ATTORNEYS' FEES. COST REDUCTIONS GAINED THROUGH THE USE OF COURTS OF LIMITED JURISDICTION EXIST FOR LABOR DISPUTES AND CLAIMS INVOLVING MINORS. HOWEVER, A FORMAL PROCEDURE FOR CONCILIATION IS IN FORCE ONLY FOR LABOR CONFLICTS AND CERTAIN CIVIL CLAIMS. GOVERNMENT FORUMS OUTSIDE THE FORMAL JUDICIAL PROCESS APPLY ONLY IN EXCEPTIONAL CASES, WHEREAS VOLUNTARY SUBMISSION TO PRIVATE, UNOFFICIAL FORUMS EXIST IN CASES OF VOLUNTARY LABOR ARBITRATION AND CONFLICTS INVOLVING CONSIDERABLE SUMS OF MONEY. MODIFICATIONS IN SUBSTANTIVE LAW HAVE FACILITATED REDUCED LITIGATION COSTS IN THE AREAS OF FAMILY LAW, CIVIL RESPONSIBILITY, AND RESPONSIBILITY ARISING OUT OF CONTRACTS FOR TRANSPORT. METHODS OF REPRESENTING COLLECTIVE AND PUBLIC INTERESTS IN ADJUDICATORY FORUMS EXIST FOR THE PROTECTION OF THE FAMILY, LABOR, CONSUMERS, AND TENANT FARMERS, AND MATTERS AFFECTING THE USE OF PATENTS IN THE PUBLIC INTEREST. FOOTNOTES ARE PROVIDED. (RCB)