- 3)Complaint and Answer (Demanda y Contestación):
a.- Verify that the complaint (demanda), answer (contestación), and counterclaim (contrademanda) comply with the requirements established in the CPCA and, otherwise, issue the corresponding warnings, so that the parties proceed to correct the indicated defects (Articles 58, 61, 63, 64 of the CPCA).
b.- In cases where the optional administrative remedy (vía administrativa facultativa) was not exhausted, grant in the ruling ordering the transfer of the complaint (demanda), a period to the sued Administration so that the competent body or hierarchical superior confirms, modifies, annuls, revokes, or ceases the challenged administrative conduct, or verifies (or performs) the omitted conduct. For the purpose of calculating the referred period, the provisions of subsections 3 and 4 of Article 31 of the CPCA shall apply.
c.- In those cases where, being mandatory, the administrative remedy (vía administrativa) was not exhausted (Articles 173 and 182 of the Political Constitution), grant the plaintiff a period of five days to prove compliance with it. If they have not done so, and the complaint (demanda) was filed within the ordinary deadlines established by law, the plaintiff may prove, within those same five days, having filed the pertinent appeal. In this last case, the proceeding will be suspended until the appeal is expressly resolved or, failing that, the negative silence (silencio negativo) has taken effect. If compliance with what is ordered in this regard by the Office (Despacho) is not achieved, the proceeding will be immediately archived.
- 4)Conduct the preliminary hearing (audiencia preliminar), as established in Chapter VI of the CPCA.
- 5)Anticipated or Urgent Evidence (Prueba anticipada o urgente): Exceptionally, the processing judge (juez tramitador), in a duly reasoned ruling, shall order the practice of any urgent and anticipated evidence in the following cases:
a.- There is urgency in recording the state of places, the quality or condition of things, susceptible to appreciation by the Judge and which may disappear, be altered, or modified.
b.- The practice of expert examination if necessary under the cases of the preceding subsection.
c.- The examination of experts or witnesses is necessary, and these are elderly, suffer from a serious illness, or are about to be absent from the country indefinitely.
d.- There is a reason that presumes the impossibility of their examination at the corresponding stage.
The interested parties shall be notified of the foregoing.
- 6)Resolve concerning lack of jurisdiction (falta de competencia).
- 7)When an omission of conduct is challenged, require the Administration to perform the conduct, either at the initial stage of the proceeding, or during its course (Articles 35 and 118 of the CPCA).
- 8)Reject, at the initial stage of the proceeding, the inadmissible complaint (demanda inadmisible), the unstateable complaint (improponible), or the manifestly improper complaint ((manifiestamente improcedente). (Articles 36, 62, and 140 CPCA).
- 9)Decide on the joinder of claims (acumulación de pretensiones) and indicate to the party which ones must be filed separately (Articles 44, 45, and 47 CPCA and 122 to 123 of the CPC).
- 10)Resolve on the admissibility of the extension of the claim (ampliación de la pretensión) (Article 46 of the CPCA).
- 11)Grant a hearing to the parties, for five working days, in case of doubt about the authenticity and integrity of the documentary evidence (Article 49.5 of the CPCA).- 12) Grant a hearing regarding the untimely presentation of documents (Article 50 of the CPCA).
- 13)Order the seizure (secuestro) of the administrative file (expediente administrativo), in cases where access is unduly denied or restricted (Article 56 of the CPCA).
- 14)Resolve the request of the parties to dispense with the reception of evidence and the holding of hearings (Article 69 CPCA).
- 15)On its own motion (de oficio) or at the request of a party, issue a reasoned resolution in cases where it deems the application of preferential processing (trámite preferente) to be appropriate (Article 60 CPCA).
- 16)Manage the processing of the files.
- 17)In addition to the described functions, the processing judge (juez tramitador) shall perform all those established in the CPCA, and any other attributed to them by the legal order in general.