authorize the introduction of the evidence.150 On October 24, 1997 the judge announced the
taking of evidence in the proceedings for a period of 40 days, and the parties were given 10
days to produce evidence.151 On November 14, 1997 Sebastián Furlan’s attorney introduced
the documentary evidence, evidence related to requests for information, statements and
expert witness’s statement, and also requested the appointment of a doctor and a
psychiatrist as expert witnesses.152 On December 16, 1997 the attorney requested that the
court rule on the admissibility of such requested evidence. On December 18, 1997 the court
provided the evidence introduced by the plaintiff, setting August 19, 20 and 21, 1998 to
hear the testimony of the witnesses called.153 On that same day the court set a hearing for
February 12, 1998 to receive the testimony of Sebastián Furlan, by means of a procedural
act called “cross examination.”154 However, the defendant did not attend said proceeding; 155
therefore, on December 23, 1999 Sebastián Furlan’s attorney asked the court to declare the
defendant’s right to cross-examine to be forfeited.156
91.
On February 12, 1998 the attorney requested the appointment of experts, who were
appointed on February 17, 1998;157 they appeared on March 2, 1998, accepted the position
150
Cf. Brief of the attorney of Sebastián Furlan of October 21, 1997 (file of appendices to the report, volume
I, appendix 6, page 219).
151
Cf. Brief of the Federal Judge of First Instance of October 24, 1997 (file of appendices to the report,
volume I, appendix 6, page 220).
152
Cf. Brief of the attorney of Sebastián Furlan of November 14, 1997 (file of appendices to the report,
volume I, appendix 6, page 230 to 233). In this brief several items of evidence were requested, including,
collecting ex officio: i) A copy of the case file of the proceedings before the “Court of Minors No. 1, sec. 1 of the
judicial [department] of San Martín […] in case No. 18903,” and ii) Copy of the case file of the criminal action
against Sebastián Furlan for severe injuries to his grandmother (“Case No. 27.438/3861 regarding severe injuries
caused by Sebastián Furlan, Criminal and Correctional Court No. 5 (1994)).” With regard to the informative
evidence, the judge was asked to issue notifications addressed to the following institutions: i) “Escuela de
Education Técnica de Ciudadela,” for the purpose of submitting an “opinion on Sebastián as a regular student [and]
his grades.” In this report the school was also required to describe his “level of integration” and “intellectual
performance,” “before and after December 1988 and during each school year”; ii) “Instituto Privado Oriental,” to
report the level in Karate that Sebastián had attained; iii) “Hospital Posadas, to submit the medical records” of
Sebastián Furlan “related to the accident he suffered on December 21, 1988”; iv) “Police Station (Comisaría[s]) 35
of the Federal Capital” and “45 of the Federal Capital to report “on whether Sebastián Claus Furlan was held or
detained at those offices” in 1993 and the reasons for such detentions. Regarding the expert evidence, the judge
requested the appointment of the following professionals to submit their expert opinions on the physical and
mental condition of Sebastián Claus Furlan: i) a physician to report on the “injuries suffered,” “treatments, healing
and surgeries,” “current status,” “degree of disability” and “necessary treatments” for Sebastian, and ii)
psychiatrist’s formal assessment of Sebastián in relation to the accident that occurred in 1998, his “level of
disability,” “necessary treatment, duration and cost thereof and any other information.” Finally, the testimonial
evidence of eight witnesses was requested.
153
Cf. Brief of the Federal Judge of First Instance of December 18, 1997 (file of appendices to the report,
volume I, appendix 6, page 235).
154
Cf. Brief of the Federal Judge of First Instance of December 18, 1997 (file of appendices to the report,
volume I, appendix 6, page 468).
155
Cf. Record of appearance at the cross-examination hearing issued by Secretariat 18 of the National Civil
and Federal Commercial Court No.9 of February 12, 1998 (file of appendices to the report, volume I, appendix 6,
page 469).
156
Cf. Brief of the attorney of Sebastián Furlan of December 23, 1999 (file of appendices to the report,
volume I, appendix 6, page 480).
157
Cf. Brief of the Federal Judge of First Instance of February 17, 1998 (file of appendices to the report,
volume I, appendix 6, page 237).
30
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