How can I prove that I cannot attend a trial?

Question

José Manuel Alburquerque · Accepted Answer

You must inform the court immediately, as soon as you know, explain why you cannot attend and provide a document that proves it, such as a medical report, your sick note or a death certificate. The reason must be force majeure or something of similar seriousness. The document must show that the problem prevents you from attending or giving evidence on that day. If the court accepts the reason, it sets another date. If it considers that the reason has been put forward without grounds or to delay the proceedings, the judge may impose a fine of up to 600 euros. What to do These are the steps: Tell your lawyer as soon as you know that you will not be able to attend. The law requires the court to be informed immediately and, if you wait until the last minute, it is less likely to be accepted. Gather the supporting documents. If it is an illness, a medical report stating what you are suffering from, since when and that it prevents you from attending or giving evidence on that day, because a simple note confirming that you went to the doctor is not usually enough. If you are on sick leave, the sick note. If a relative has died, the death certificate and a document proving the relationship, such as the “libro de familia”, the official family record book. Your lawyer files it with the court in a written application that explains the reason, attaches the documents and asks for a new date. If you have no lawyer or court agent (“procurador”), because the claim is for up to 2.000 euros, file it yourself in writing at the court, with the same documents. If the medical emergency is the lawyer's and arises on the day of the trial or in the preceding 24 hours, it is enough to give notice by any means and provide proof afterwards. Which reasons are accepted The law requires force majeure or another reason of similar seriousness. It gives as examples the birth and care of a child, a serious illness or an accident requiring hospitalisation and the death of a spouse, partner or relative up to the second degree, such as parents, children, siblings, grandparents, grandchildren, parents-in-law or brothers- and sisters-in-law. Sick leave certified by the Social Security system or by the health service also counts. Outside those examples, it is for the court clerk (“letrado de la Administración de Justicia”), who runs the court office, to decide whether the reason is just as serious. A work commitment or a trip is not usually enough, especially if it could have been rearranged. If the reason is not accepted If the court clerk does not consider the reason acceptable and proven, the trial goes ahead on the date set. If you had been summoned to give evidence as a party and you do not attend, the judge may treat as true the facts in which you were personally involved and which are unfavourable to you. If the judge also finds that the request was unfounded or intended to delay the proceedings, the judge may fine the lawyer or the party up to 600 euros. If you are a witness or an expert summoned by the court, you also have to notify the court and provide proof. The judge hears the parties and decides whether to change the date or to take your evidence at another time, outside the trial.