SCHEME OF THE VERBAL TRIAL IN FAMILY PROCEEDINGS
Inappearances (see articles 770.3, 440, 442 and corresponding ones of the LEC - Spanish Civil Procedural Law).
1. Attempt to reach an agreement:
The Judge will ask the parties about this possibility and will try to bring positions closer together.
2. Steps of the Hearing:
- Ratification or rectification of the claim, the answer and, where appropriate, the counterclaim.
- Correction of errors contained in the statement of claim, answer or, where appropriate, counterclaim.
- Resolution of procedural questions if they are alleged.
- Introduction of new facts that have occurred after the claim or answer (art. 752 LEC).
- Must and can go to the process of fixing the disputed facts.
Proposal and admission of evidence (arts. 752 and 770 LEC arts. 281 et seq., And 429 LEC)
- The proposal of the different means of evidence is formulated orally 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, The omission of the presentation of the written right will not give rise to the inadmissibility of the test, being conditioned this to be presented within the following two days (article 429 LEC).
- The Judge will give the floor to the parties and the Public Prosecutor, if it intervenes in the lawsuit, to propose the proof that they try to use and then will decide on their admission starting with the one proposed by the plaintiff.
- Order to be followed in your practice. See art. 300 LEC, although the order can be altered.
3. Phase of conclusions:
Once the evidence has been carried out, the Judge will give the floor to the Public Prosecutor and the Lawyers to formulate their conclusions.
4. Possibility of agreeing Final Diligences (See art. 435 LEC and related).