Abandonment in Judicial Proceedings: Is It the End of a Right?

The judge will declare the abandonment of the process if all parties have ceased to act for six months from the notification of the last providence that allowed progress in the case. Abandonment cannot be declared if the judge has pending documents to review. The timeframe for declaring abandonment begins the day after the last notification of the providence or, if applicable, the day after the last procedural act.

In which cases abandonment cannot be declared?

1. In cases involving the rights of children, persons with disabilities, the elderly, and other vulnerable groups.
2. In cases affecting the labor rights of workers.
3. In voluntary proceedings.
4. In subjective contentious administrative actions.
5. At the execution stage.
   
   

What is the effect of abandonment in a judicial process?

If it occurs for the first time in the first instance, the claimant may file a new claim after six months. If abandonment is declared a second time on the same claim, the right to sue will be lost. In the case of abandonment in the second instance or in cassation, the appeal will be deemed withdrawn, the resolution will be final, and documents will be returned to the relevant court.

At Quevedo & Ponce, we specialize in providing legal advice and effective representation in judicial proceedings, ensuring the protection of our clients’ rights at every stage of the process.