Is August a working month for court purposes?

Question

José Manuel Alburquerque · Accepted Answer

No. In civil proceedings every day in August is a non-working day, so court time limits set in days do not run and no trials are held, except for urgent steps. The same applies from 24 December to 6 January, both inclusive. A time limit in days that was running at the end of July carries on counting from the first working day of September. August does count, however, for time limits that are not court time limits, such as the limitation period for claiming a debt. What stops The “Ley de Enjuiciamiento Civil” (Spain's Civil Procedure Act) and the “Ley Orgánica del Poder Judicial” (Spain's Judiciary Act) declare all the days of August and those from 24 December to 6 January to be non-working days. In practice, this means the following: Time limits set in days do not run during those days. If on 31 July you still had five days of a time limit left, those five days are counted from the first working day of September. For time limits set in months it is not clear whether those days are excluded, so the prudent course is not to count on them. If you are notified of something in August, a time limit set in days does not start to run until September. Pleadings can be filed electronically on any day, but those filed in August are treated as filed on the next working day. No trials or hearings are held, except in urgent matters. The exceptions Urgent steps can be taken in August without the judge having to order it. The law considers urgent those steps which, if delayed, could cause serious harm to the parties concerned or to the proper administration of justice, or render a court decision ineffective. This is the case, for example, with an interim measure that cannot wait until September. In addition, the judge can authorise action on non-working days when there is an urgent reason that requires it. These rules are those of civil proceedings. The other branches of the courts have their own rules. In criminal matters, for example, the investigation of cases does not stop on any day of the year. What does not stop August and the Christmas period are non-working only for court time limits. Other time limits run as normal, such as the limitation period for claiming a debt or compensation or those set by a contract for paying or giving notice. If the time limit for bringing a claim is about to expire, do not count on August to gain time.