What are the stages of civil proceedings?

Question

José Manuel Alburquerque · Accepted Answer

The law generally requires an attempt to reach an agreement before bringing a claim. If that fails, the case begins with the claim, continues with the defendant's defence and then proceeds differently depending on the type of procedure. In ordinary proceedings (“juicio ordinario”) there is first a preliminary hearing (“audiencia previa”) to prepare for the trial and then the trial itself, whereas in the “juicio verbal” (the simplified procedure) there is a single hearing, which the judge may consider unnecessary. It ends with the judgment, which can normally be appealed and which, if not complied with voluntarily, can be enforced. The claim and the defence The claim is filed with the court, which is now the civil section of the first-instance court (“tribunal de instancia”), with a lawyer and a court agent (“procurador”) if more than 2.000 euros is being claimed. It must be accompanied by proof of the attempt to reach an agreement, except in the matters the law exempts. If it is admitted, the court serves it on the defendant so that he or she can file a written defence, within twenty working days in ordinary proceedings and ten in the simplified procedure. If the defendant does not file a defence, the case continues without him or her. The type of procedure is laid down by law. Claims for more than 15.000 euros, those that cannot be valued in money and certain matters go through ordinary proceedings. Claims of up to 15.000 euros go through the simplified procedure, as do other matters, whatever their value, such as evictions or the division of an asset owned by several people. Ordinary proceedings and the simplified procedure In ordinary proceedings, after the defence, there are two appearances before the judge: The preliminary hearing. An attempt is made to reach an agreement, any procedural issues that would prevent the case from continuing are resolved, the facts in dispute are identified and each party proposes its evidence. The law provides for it to be held within twenty days of being called. The trial. The evidence admitted is taken, such as the testimony of the parties, witnesses and experts. At the end, the lawyers present their closing submissions. The law says it should be held within the month following the preliminary hearing, although in practice it depends on each court's diary. If the parties only dispute points of law, or if the only evidence consists of documents that nobody challenges and expert reports whose authors nobody asks to question in court, there is no trial and the judge gives judgment directly. The simplified procedure is more straightforward. After the defence, the parties propose their evidence in writing and the judge decides whether a hearing is needed, at which all the evidence is taken. If the judge does not consider it necessary, the matter is left ready for judgment without a hearing. The judgment and what comes next The law gives the judge twenty days to give judgment in ordinary proceedings and ten in the simplified procedure, time limits that are not always met. If the parties have lawyers, in the simplified procedure the judge may even deliver judgment orally at the end of the hearing and write it up afterwards. An appeal against the first-instance judgment can generally be brought before the “Audiencia Provincial”, the provincial appeal court, within twenty working days. Once no further appeal is possible, the judgment is final. If the losing party does not comply with it, the winning party can apply for enforcement, which is the procedure for compelling compliance, attaching the losing party's assets if necessary. An agreement between the parties can bring the case to an end at any of these stages.