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INSTANCIA Definition & Legal Meaning

Definition & Citations:

In Spanish law. The Institution and prosecution of a suit from its commencement until definitive judgment. The first instance, “pritnera instancia,” is the prosecution of the suit before the judge competent to take cognizance of it at its in- ception ; the second instance, “secunda instancia,” is the exercise of the same action before the court of appellate jurisdiction; and the third Instance, “tercera instancia,” is the prosecution of the same suit, either by an application of revision before the ap- pellate tribunal that has already decided the cause, or before some higher tribunal, hav- ing jurisdiction of the same. Escriche.

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