What happens if I have a trial and do not turn up?

Question

José Manuel Alburquerque · Accepted Answer

It depends on whether you are the claimant or the defendant and on whether you have been summoned to give evidence. In civil proceedings each party acts through their lawyer and their court agent (“procurador”), so if they attend, the trial goes ahead normally even if you are not there. If you had been summoned to give evidence and you fail to attend without good reason, the judge may treat as true the facts in which you were personally involved and which are unfavourable to you and may also fine you. If nobody attends on your behalf and you are the claimant in a “juicio verbal” (the simplified procedure), you are treated as having withdrawn your claim and you pay the costs. If you are the defendant, the trial goes ahead without you. If you are the claimant If nobody attends on your behalf, what happens depends on the stage of the proceedings and the type of procedure: At the hearing in the simplified procedure, unless the defendant has an interest in a judgment being given on the merits, you are treated as having withdrawn your claim, which amounts to abandoning it. In addition, you are ordered to pay the costs. The defendant can also ask you to compensate them for any loss they prove. At the preliminary hearing (“audiencia previa”) in ordinary proceedings (“juicio ordinario”), the case is closed, subject to the same exception. At the trial in ordinary proceedings, the hearing goes ahead with the defendant. With nobody to argue your claim and present your evidence, you will probably be unable to prove what you are claiming. Withdrawing the claim does not in principle prevent you from bringing a new one, but you would have to start again from scratch, with the time and cost that involves. You should also check that the time limit for claiming has not run out in the meantime. If you are the defendant Your absence does not stop the trial. If only the claimant attends, the hearing goes ahead with them. That does not mean you automatically lose, because the claimant still has to prove what they are claiming. But you lose the chance to defend yourself, to question the claimant's witnesses and experts and to present your own evidence. If you did not even appear in the proceedings, you are in default, which the law does not treat as accepting what the claimant is asking for, with some exceptions. Evictions are different, because if the tenant does not attend the hearing, the court orders the eviction without further steps. If you have been summoned to give evidence If the other party asks for you to give evidence, the court summons you and warns you of what happens if you do not attend. If you fail to appear without good reason, the judge may treat as admitted the facts in which you were personally involved and whose acceptance as true would be wholly unfavourable to you. The judge may also fine you. In claims of up to 2.000 euros under the simplified procedure, in which you can act without a lawyer or a court agent, you are the one defending your position, so if you do not attend, nobody will do it for you. If you cannot attend for a compelling reason, such as a serious illness, inform the court immediately and provide proof so that another date can be set. If you have a lawyer, they will do this for you. What you should not do is simply fail to turn up without warning.