Resolution No. 06-2025 of the National Court of Justice defines and clarifies terms for the application of Article 55 of the Organic General Code of Processes, pertaining to citations by notices

This binding and clarifying resolution, issued by the Plenary of the National Court of Justice, establishes a new substantive basis for the completion of citation procedures in accordance with the law. Regarding Article 55 of the Organic General Code of Processes, which pertains to citation by notices, it can be noted that its practical implementation has encountered significant difficulties, particularly in citations carried out in urbanizations or other residential areas under a horizontal property regime, or those with private security services.

One of the novel aspects of this resolution is “the obligation of guards, administrators, or any surveillance or control personnel of the property to cooperate in facilitating the execution of the citation procedure.”

Why was this resolution issued?

Among the various considerations that prompted its issuance are the challenges in effecting citation by notices when the cited person’s domicile is located in buildings subject to a horizontal property regime, residential complexes, or gated urbanizations, as well as restrictions on access to such properties imposed by security or administrative personnel, and the implications of affixing a notice in common areas of such properties.

What does the resolution entail?

It entails that citation by notices may and must be carried out with the cooperation of both public law enforcement and private security personnel, thereby improving the facilitation of the citation process by the respective officers. This seeks to enhance efficiency at this procedural stage, avoiding the need to resort to citations through mass communication media. Thus, this resolution represents a modest advancement in the field of citation, despite the congestion within the Ecuadorian judicial system.

At Quevedo & Ponce, our team of experts personally oversees the successful development of each procedural phase, including citation, for the benefit of our clients and with a commitment to achieving the highest efficiency. Our dedication to obtaining satisfactory outcomes underscores this commitment.