Alcance de la prueba nueva en segunda instancia conforme al artículo 258 del COGEP.

Abstract

New evidence at the appellate stage is an important element in civil proceedings. It allows the parties to include evidence that was not considered in the first instance. Article 258 of the Organic General Code of Procedures states that the parties may present new evidence at the appeal hearing only to prove new facts or when the evidence was obtained after the judgment. However, this regulation presents a legal problem because it does not clearly determine when a fact can be considered new, or what distinguishes it from evidence intended to cover omissions from the first instance. Therefore, the lack of specification may result in different interpretations of the regulation and may affect the principles of procedural equality, legal certainty, and the right to contradiction. In summary, it is necessary to examine this issue in greater detail and clarify the rules for the admissibility of new evidence and when it should be accepted.