Spanish Trial

Actions for a small or a large claim: Public Trial and Fast Track Procedure

Depending on the amount of money being claimed, the trial can be a “juicio verbal”(a type of civil procedure for smaller claims, for less than €6,000, among other criteria) or a “juicio ordinario”(a type of civil procedure for larger claims), which are equivalent to actions for a small or a large claim.

The “juicio oral”(the hearing of evidence or (public) trial/hearing), with respect to the juicio verbal, is part of both civil and criminal proceedings. It’s when the parties make submissions and declarations before the judge and the evidence is examined.

A “juicio verbal”(or track claim/procedure) is for claims up to €3005 and juicio ordinario is for claims over this amount. If the claim is for less than €900, then no lawyer (letrado/abogado) or legal representative (procurador) are required in Spain. Other types of civil proceedings include juicio de alimentos (suit for alimony), juicio de desahucio (eviction proceedings), juicio de quiebra (bankruptcy proceedings) or juicio testamentario (probate proceedings, which involve proving the authenticity and validity of a will).

The procedures for large and small claims are slightly different.

Procedure for a major Claim

The procedure for a major claim (juicio ordinario) is:

1. Demanda

Firstly, a person has to lodge a claim (interponer una demanda) by issuing a claim form (un escrito), which sets down the type of proceedings, the name of the person they are suing, the facts of the case, the laws upon which the claim is based and what exactly they are claiming. The case is then assigned to a court of first instance by lottery to prevent people choosing a particular judge.

2. Admisión a trámite y Emplazamiento

If the court decides to allow the claim (admitir la demanda), then the court will issue a summons (emplazamiento) to the defendant giving them 20 days to appear in court. If they do not appear, they will be declared to be in default (en rebeldà­a) for failure to appear. This means the proceedings will continue without them and they will not be able to plead their case/file/submit their defence (exponer sus posiciones).

3. Audiencia Previa

At this stage, the judge learns the facts of the case and will try to get both sides to settle on as many points of the claim as possible. If no settlement can be reached, the two sides present the evidence to be examined at the preliminary hearing and a date is set for the trial.

4. Juicio Oral – hearing of evidence

After the evidence has been considered (se practica la prueba), then each side can present their conclusions or findings (se emiten informes o conclusiones). The judge then announces that the trial is at an end and judgement will follow in due course (visto para sentencia).

5. Sentencia

The judge now decides whether to allow or dismiss the claim (estimar/desestimar la demanda) and then passes sentence (dictar sentencia). Either side can then appeal the sentence (recurrir) and the case passes to a higher court of appeal, which is the “Audiencia Provincial” .

The procedure for a “juicio verbal” (small claim) is quicker and less formal as the judge sets a trial date when the claim is allowed to go ahead.

Main Source: legalenglishteachersgomezacebo’s Wikispace

See Also

Grant an Application
Differences between a Grand jury and a Trial jury
Stages of a Criminal Case
Inquisitorial Legal System
Court System in the United States