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New Documentary Evidence to be provided in a Civil Case in Spain

Updated: Mar 22, 2021

Once the lawsuit has been submitted and if answered back by the lawyers of the other party, could the plaintiff contribute new documentation to the civil claim/case, or on the contrary, it could no longer be done so, having to resolve the lawsuit with what was initially provided by the parties?.

Well, although initially we could give an affirmative answer, it should be specified that although the contribution of later documentary/evidence is possible, this option is not unlimited either, being collected in the Spanish Procedural Law for Civil Processes (L.E.C. = Ley de Enjuiciamiento Civil) a series of assumptions, with a series of exceptions in this regard, such as the one relating to DOCUMENTS AND OPINIONS WHICH NEEDED TO BE MADE EVIDENT IN VIEW OF THE ANSWER/REPLY TO THE LAWSUIT made by the defendant's lawyer/s.

The former is an option/exception that the L.E.C. grants to the plaintiff, by virtue of which, she/he/they can contribute a new documentary/evidence in the act of the previous hearing/audience or oral trial, in order to combat the reasons for opposition and allegations.

Article 265.3 of the Spanish L.E.C. establishes: "Notwithstanding the provisions of the preceding paragraphs, the plaintiff may present at the hearing prior to the trial, or at the oral trial hearing, the documents, media, instruments, opinions and reports, relating to the merits of the matter, which interest or relevance is only revealed as a result of allegations made by the defendant in the answer to the reply to the lawsuit."

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