3.9.3 Motion for clarification
A motion for clarification is an appeal regulated by Articles 1,022–1,026 of the CPC. A motion for clarification may be filed against any court decision in order to:
I – clarify obscurity or eliminate contradiction;
II – supply the omission of a point or issue on which the judge should have discussed at his own initiative or upon request; [or]
III – correct material error. (Article 1,022 of the CPC)
Such a motion must be filed, within five days, in a petition addressed to the judge, indicating the error, obscurity, contradiction or omission, and it is not subject to an appeal bond (Article 1,023 of the CPC). The judge will notify the respondent so that, if they so wish, they can comment, within five days, on the motions filed, in the event that the motion’s possible acceptance implies a change in the decision that is the subject of the motion for clarification (Article 1,023(2) of the CPC). Afterward, the judge will judge the motion within five days and remedy the matter (Article 1,024 of the CPC).
In the courts, the rapporteur presents the motion at the next session, casting their vote, and, if no judgment is rendered at this session, the appeal will be automatically included in the agenda (Article 1,024(1) of the CPC). When a motion for clarification is filed against the decision of the rapporteur or against another decision rendered by a single judge in court, the body that rendered the decision that is the subject of the motion decides on the matter monocratically (Article 1,024(2) of the CPC).
If the acceptance of a motion for clarification implies a change to the decision being objected, the respondent who has already filed another appeal against the original decision has the right to supplement or amend their briefs within the exact limits of the change and within 15 days from the date of notification of the decision that is the subject of the motion (Article 1,024(4) of the CPC). If the motion for clarification is rejected or does not change the conclusion of the previous judgment, the appeal filed by the other party before the publication of the judgment of the motion for clarification will be processed and judged regardless of its ratification (Article 1,024(5) of the CPC).
Motions for clarification have no effect of supersedeas and interrupt the term for filing an appeal (Article 1,026 of the CPC). The effectiveness of a decision by a single judge or group of judges may be suspended by the respective judge or rapporteur if the likelihood of the appeal being granted is demonstrated or, if the grounds are relevant, if there is a risk of serious damage or damage that would be difficult to repair (Article 1,026(1) of the CPC). When a motion for clarification is manifestly frivolous, the judge or the court, by means of a grounded decision, can order the party that made the motion to pay a fine not exceeding two percent of the adjusted amount in dispute (Article 1,026(2) of the CPC). Where there is a repetition of manifestly frivolous motions for clarification, the fine is increased to up to 10 percent of the adjusted amount in dispute, and the filing of any appeal will be conditional upon the deposit of the fine amount, except in the case of the Public Treasury and the beneficiary of free legal aid, who pays this amount at the end, after all the possible appeals to higher instances have been exhausted (Article 1,026(3) of the CPC).