When do court proceedings lapse?

Question

José Manuel Alburquerque · Accepted Answer

A civil case lapses if two years pass at first instance, or one year if it is on appeal or in a cassation appeal, without any procedural activity, counted from the last notification to the parties. But only if the standstill is due to the parties, because the court has to move the proceedings forward of its own motion and, if the delay is the court's or there is force majeure, there is no lapse. If the case lapses at first instance, it is as if the claimant had withdrawn the claim and the claimant can sue again, provided that the right to claim has not been lost in the meantime through the passage of time. Enforcement of a judgment that has already been requested, on the other hand, does not lapse even if it has stalled, but there are five years from when the judgment becomes final to request it. When it happens Lapse of the proceedings (“caducidad de la instancia”) is the end of the proceedings through abandonment. As the law requires the court to move the case forward of its own motion, that is, to take each step without waiting to be asked, it only happens when the standstill depends on the parties. It usually happens in cases such as these: The parties asked for the case to be suspended in order to negotiate and, once that period had passed, nobody asked for it to continue. One of the parties failed to provide something that only it could provide and that the court needed in order to continue, such as a new address to locate the defendant. On the other hand, if the case has stalled because the court is not moving it forward, because of force majeure or for any other reason that does not depend on the parties, it does not lapse, however much time passes. The lapse is declared by the court clerk (“letrado de la Administración de Justicia”), the official who runs the court office, in a decree. The only remedy against that decree is an application for review, which the judge decides. What effects it has It depends on the stage the case had reached: At first instance, the claimant is deemed to have withdrawn the claim. The claimant can file a new claim, unless the right to claim has been lost in the meantime. On appeal or in a cassation appeal, the appeal is deemed withdrawn and the judgment under appeal becomes final, meaning it can no longer be challenged. A declaration of lapse carries no costs order. Each party pays its own costs and half of the common costs. Once enforcement of a judgment has been requested, the proceedings do not lapse even if they have stalled. They can continue until what the judgment says has been complied with. To request enforcement, however, there is a time limit of five years from when the judgment becomes final. If you want to sue again The most delicate point is the time limit for bringing a claim. If your right was subject to a time-bar period (“plazo de caducidad”), as is the case with some challenges, that period is not interrupted and has probably already expired. If it was subject to a limitation period, it is not certain that the lapsed case interrupted it, so you should review it with a lawyer straight away and, if it is still running, claim in writing or sue again as soon as possible. As with any claim, the law generally requires an attempt to reach an agreement before suing.