Note 30 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA
Reading edition
Decisions were reached by the concurrence of a majority of the magistrates trying the case. When there were only two oidores present a decision had to be unanimous. In case the full quota of magistrates were present and the votes were equally divided, the fiscal might be called in to decide the case, but if the latter were prosecuting the case, or were otherwise incapacitated, a duly qualified lawyer might be chosen to serve as a special magistrate.30 This rule did not apply to the revision of sentences in civil cases wherein the value exceeded 300,000 maravedís; in these the concurrence of three magistrates was necessary.31 A record of the judicial decisions of the magistrates was kept in the official journal of the audiencia. Decisions and legal papers had to be signed by the magistrates involved. Oidores who registered dissenting opinions were obliged to affix their signatures to the autos with those who had voted in the affirmative, but the negative votes were also recorded.32