El momento procesal oportuno para pronunciarse sobre la solicitud de auxilio judicial.

Abstract

Judicial assistance is a procedural figure that allows the parties to request the judge to order the counterparty or third parties, the presentation of the means of evidence that could not be attached to the act of proposition, due to the existence of a legal or material impediment to access the source of evidence. The current regulation of judicial assistance in our Código Orgánico General de Procesos suffers from ambiguity and lack of legislation that causes much uncertainty in its application and processing. One of the problems that afflicts this figure is regarding the moment in which the judge must rule on the request for judicial assistance, since our legislation does not expressly contemplate it, and in practice what happens is that there is a division of criteria between the judges when coming across a request of this type. Thus, the purpose of this work will be to expose what is the appropriate procedural moment in which the judge must rule on the request for judicial assistance, carrying out an analysis considering the current regulation and the procedural principles contemplated in our legal system.