of the judicial authorities in the country where the formalities are to take place so that it may conduct them and send the evidence back through the diplomatic or consular agent of Colombia or of a friendly country.
2. Directly request the consul or diplomatic agent of Colombia in the country concerned to conduct the formalities in accordance with national legislation and to send the evidence back directly. The consuls and diplomatic agents of Colombia abroad are authorized to conduct all the judicial formalities in civil cases entrusted to them under article 193 of the Code of Civil Procedure.
Evidence is provided at the request of the parties or following an official order from the judge, if he considers it necessary for verification of the facts alleged by the parties. The cost of providing evidence is shared equally by the parties, without prejudice to the judge's decision regarding the costs of the proceedings.
Deposition. Statement made before the judge in exercise of his functions. Other statements are extra-judicial.
Questioning. The judge may officially summon the parties to answer under oath any questions he wishes to put to them. He may also summon one of the parties, at the request of the other, provided that the request is made in due form.
Oath. When the law authorizes the judge to request any of the parties to take an oath, the oath must be taken at the time when the evidence is to be presented, at the date and time appointed.
Statements by third parties. All persons are obliged to make statements if requested, except in the cases specified by law.
Expert opinion. An opinion requiring the participation of experts or persons specializing in specific scientific, technical or artistic subjects.
Physical examination of exhibits. Proof established by verification of certain facts germane to the proceedings.
Circumstantial evidence. In order for a fact to be considered as circumstantial evidence, it must be fully proved in the proceedings. The judge is authorized to deduce circumstantial evidence from the behaviour of the parties.
Documents. Documents may be public or private. Public documents are those issued by a public official in the performance of his duties or with his intervention. Private documents are those not meeting the requirements to be considered as public documents.
Authentic document. A document regarding which certainty exists as to the person who drafted, wrote or signed it. A public document is presumed to be authentic, unless the contrary is proved by evidence of forgery. Private documents are authentic if they meet the requirements specified by law.
In order for proceedings to be initiated for recovery of maintenance for minors, the relationship between the minor claiming maintenance and the person obligated to provide it must be proved. This shall be done by reference to the Civil Registry where the minor's birth is recorded. The financial ability of the respondent to provide maintenance must also be proved, even summarily (reason to believe). If such ability cannot be proved, an analysis will have to be made of the respondent's social position and habits and it will ultimately be presumed that the respondent will pay the minor the minimum wage.
In order to demonstrate the respondent's ability to pay, a certificate of income and statutory allowances, if he is employed, may be requested as evidence (documentary or oral). The Land Registry Office may be requested to report on immovable property owned by the respondent. The Transit and Transport Secretariat may be asked to determine the ownership of automobiles registered to the respondent. The Chamber of Commerce may be asked to establish the respondent's ownership of or participation in commercial firms. The national Tax Office may be asked to provide the respondent's tax return, and cre
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