"Preventions" before the Pre-Trial Hearing in Spanish Civil Law
Before the Pre-Trial Hearing the Court establishes that the terms and procedures provided for in article 414.1 of the LEC (Spanish Civil Procedural Law) have been fulfilled and in accordance with what is provided in the same, the parties would be summoned to that Pre-Trial or preliminary/previous hearing prior to the civil trial itself, in order to:
1) attempt an agreement or transaction, which would end the process,
2) examine, where appropriate, the procedural issues that may obstruct the prosecution of the process and its termination by means of a sentence on its object,
3) establish precisely the object of the process and the points of fact and law on which there might be controversy,
4) propose and admit evidence if applicable and
5) examine the issues that, exceptionally, provided by law may arise.
In this hearing, the parties are informed of the possibility of resorting to a negotiation to try to resolve the conflict, including resorting to mediation, in which case they will state their decision in this regard and the reasons for it at the hearing.
As mentioned, the Court would summon the parties to this Pre-Trial with the following "preventions":
- The parties must appear at the hearing assisted by a lawyer.
- If the parties do not appear personally, but through their procurators, they must grant them specific power to resign, acquiesce or compromise. If they do not appear personally or granting the expressed power of attorney, they will be deemed not to have appeared (article 414.2 of the LEC).
- In accordance with the provisions of article 414.3 of the LEC, if none of the parties appear at the hearing, it will be issued an order to dismiss the process, ordering the closure of the case.
- If only the defendant appears and it does not claim a legitimate interest in continuing the procedure, the process will also be overridden.
- If it was the defendant who did not attend the audience, the act will be understood only with the plaintiff.
- If the plaintiff's attorney fails to attend the hearing, the process shall be dismissed, except for the defendant claiming a legitimate interest in continuing the proceeding.
- If the defendant's lawyer is missing, the hearing will continue with the plaintiff in what is appropriate (article 414.4 of the LEC).
- The evidence will be proposed verbally, without prejudice to the obligation of the parties to provide in the detailed written act of the same, being able to complete it during the hearing.
- Omission of the presentation of said writing will not give rise to the inadmissibility of the evidence, being conditioned this to be presented within the following two days (art. 429.1).