Is demand becoming more demanding?

We are launching the Civil Procedure Reform Observatory, a new series in which we will examine, chapter by chapter, the most significant issues that this reform could change regarding the way litigation is conducted in Chile.

Let's start with a basic but crucial point: the requirements for filing a lawsuit.

Current Legal Framework: What the CPC Says Today

Today, Article 254 of the Code of Civil Procedure requires that the complaint include the designation of the court before which it is filed, the identification of the plaintiff and the defendant (name, address, and profession or occupation, as well as the electronic contact information for the representing attorney and the legal representative), a clear statement of the facts and legal grounds, and a precise statement of the relief sought from the court.

Proposed Reform: What the Bill Envisages

The bill—a text approved by the Chamber in 2014, with the Executive Branch’s amendments from 2021—retains that same structure but strengthens it. The complaint must be filed in writing through the Judiciary’s electronic filing system and must include more detailed identification information for the plaintiff (including ID number or RUT) and the defendant, the amount in dispute when determinable, and, where applicable, a certificate of failed mediation.

The most significant difference lies in the evidence: the complaint must not only set forth the facts and the applicable law, but also precisely specify the evidence that will be used to prove those facts—identifying witnesses and experts and the points on which they will testify—and include all documentary evidence that the plaintiff intends to rely on. As a general rule, furthermore, evidence may not be offered or produced outside the opportunities provided for by law.

Consequences of Noncompliance

Under the current CPC, the judge may, on his or her own initiative, dismiss a complaint that fails to meet the first three requirements of Article 254, specifying the defect in the complaint.

The bill moves toward a more structured framework: if the complaint does not meet the formal requirements, the court will order that the deficiencies be corrected within a maximum of 10 days; if they are not corrected, the party will be warned that the complaint will be deemed not filed and dismissed. In addition, the court may declare the complaint inadmissible outright in cases such as lack of jurisdiction, absolute lack of competence, lis pendens, lack of capacity or representation, manifest lack of standing, or any other defect affecting the existence, validity, or effectiveness of the action.

In summary

The complaint now sets the stage for the trial. The reform does not change this logic; it intensifies it: it requires that, from the initial filing, the plaintiff more precisely link the facts, the relief sought, and the evidence. This may help organize the trial more effectively from the outset, but it also requires preparing the complaint with greater rigor and depth.

* The draft of the new Code of Civil Procedure is currently under legislative review. The provisions discussed here may be subject to changes during the legislative process, until the law is finally enacted.