Oral Hearings and Written Conclusions in Administrative Ordinary Proceedings
The Distinction Between Oral Hearings and Written Conclusions in Ordinary Proceedings
In ordinary proceedings, the Administrative Jurisdiction Act (LJCA) regulates the holding of oral hearings or the submission of written conclusions interchangeably. The choice between the two will depend on the parties' agreement or, in the absence of consensus, on the discretion of the judge or tribunal. According to Article 62 of the LJCA, the parties may request the holding of an oral hearing, the submission of written conclusions, or the case to be declared ready for judgment without further proceedings. This request can be made at two different procedural stages: either in the initial pleadings or in a separate written submission within five days of being notified of the order declaring the conclusion of the evidentiary period.
Let's distinguish between three scenarios:
The court clerk (in Spain are called Lawyers of the Administration of Justice) will act according to the concurrent requests of the parties.
However, in cases where the parties do not agree in their requests, if the plaintiff, in their initial pleading or in a separate written submission within five days of being notified of the order declaring the conclusion of the evidentiary period, requests an oral hearing or written conclusions, the court clerk must act in accordance with the request.
If it is only the defendant who requests an oral hearing or written conclusions, the court clerk is obliged to act according to the request in cases where evidence has been presented.
Remember, the choice between an oral hearing and written conclusions can significantly impact the dynamics of the legal process. It is essential for the parties to carefully consider their preferred method and ensure that their request is properly submitted within the specified timeframe. Understanding the procedural rules is crucial for effective advocacy and the pursuit of a just resolution in administrative matters.