THE NEW TEST AND NEW TEST IN THE GENERAL ORGANIC CODE OF PROCESSES IN ECUADOR

Knowing that evidence is a source of conviction, which leads the Judge to the certainty of the procedural truth; and that the General Organic Code of Proceedings, in addition to incorporating a new form of announcing the means of evidence, in the acts of proposition of both the plaintiff and the defendant, brought with it, the figures of New Evidence and New Proof, a priori, similar, it is to be noted that, however, they are not. Thus, the general objective of this research is to show that new evidence and new proof are two different legal concepts and, consequently, their procedural and timing requirements for their announcement and request are also different. The study is based on the use of a qualitative approach, applying scientific methods such as: bibliographic review, documentary analysis and the inductive method. As a result, it offers a guide for lawyers and justice operators, in the distinction of the legal framework, of the new evidence and new evidence, for its correct application, as a means for the realization of justice in Ecuador. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.