Representation and Defense in the Social Jurisdictional Order in Spain

Both the plaintiff and the defendant may appear by themselves to defend their interests, without requiring the technical assistance of a lawyer or social graduate -in defense matters-, or of a lawyer, social graduate or procurator in representation matter.

Such mechanism is limited to the procedural equality of the parties in the exercise of their defense, in such a way that the plaintiff must announce in her/his claim whether she/he will appear attended at the act of trial by a lawyer or social graduate.

Likewise, if the plaintiff does not entrust the appointment of a defender, the defendant must inform the court or tribunal, in writing, of her/his intention to use a professional for her/his defense, in order to make it known to the plaintiff.

Although it is not frequent –since in most cases the parties grant their technical assistance to professionals, be they a lawyer or a social graduate–, the guarantee of the right of defense also motivates suspensions even in the same act of trial.

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