Part Second: Procedural Objections

Article 51

It is permissible to present the reasons for the defense in any case the trial may be in. Section Two - Procedural Objections

Article 52

1. A procedural plea is any reason invoked by a party to declare the illegality of the trial, its lapse, or the suspension of its proceedings. 2. Procedural pleas include the plea of lack of jurisdiction, prior litigation, lis pendens, the nullity of the summons or other procedural actions, the request to transfer the case due to legitimate doubt, consanguinity, or affinity, and pleas for adjournment.

Article 53

Procedural pleas must be raised at the beginning of the proceedings and before discussion of the merits or pleas of inadmissibility, unless they arise from a cause that appeared later, with regard to the exceptions mentioned in the following articles.

Article 54

The plea of lis pendens is available when the same lawsuit is brought before two different courts, each having jurisdiction over it.

Article 55

The plea of lis pendens is available when there are two lawsuits that include interdependent claims pending before two different courts, each of which is competent to hear the case brought before it.

Article 56

The court before which prior action or connection with a suit previously brought before another court is pleaded must refrain from the suit and refer it to that court, except where the court to which the suit is submitted is later in date.

Article 57

The submission of a payment of the bond may be made at any stage of the trial, unless it appears that it was made at a late stage with the intention of prolonging the trial, in which case the court shall decree its rejection.

Article 58

An objection to the nullity of the judicial proceedings due to a formal defect shall be raised immediately after their completion and once the opponent has been notified thereof. However, the nullity shall be deemed waived if the opponent who raises it has, after the completion of the proceedings, invoked substantive defenses or raised an objection to admissibility, without relying on the nullity. All grounds for nullity of the judicial proceedings that have taken place shall be raised in a single instance, under penalty of inadmissibility of the ground that has not been raised in this manner.

Article 59

No procedure may be declared void for a defect in form unless the law explicitly provides for it, or the defect results from a violation of a substantive or public policy requirement, and the party relying on the nullity proves that they suffered harm as a result of such defect.

Article 60

Objective defects that lead to the nullity of the judicial procedure are: 1- The absence of legal capacity to sue. 2- The absence of jurisdiction of the parties or one of the persons present in the trial as a representative of a legal person or a person lacking procedural capacity. 3- The absence of capacity or authority of a person who represents one of the parties.

Article 61

Amended. Pleas of nullity based on violation of substantive rules concerning judicial procedures may be raised at any time during the proceedings. However, it is for the judge to award damages to the party who refrained from raising them early