THE PROVISION OF DOCUMENTS AS EVIDENCE IN CIVIL TRIALS IN SPAIN

In the civil field, the possibilities in Spain for providing documents as evidence in trials are limited and can be found in articles 264 to 272 of the LEC (Spanish Civil Procedural Law).

We can say that there is a basic rule: we must provide, together with the lawsuit and the other part with its response to it, the documents that support the respective filings, so as not to be untimely: article 265.1 and 270 LEC.

There are exceptions though: we can provide a documentary evidence at the hearing in the event that it is a new fact, after the filing of the claim or its response, or a new fact, taking into account that if it is dated previously. Nevertheless, we would have to justify the reason for their lack of contribution, exposing ourselves to the judge not admitting it, after assessing, of course, its relevance and usefulness.

The article 426.5 LEC regulates the scope in this regard for the ordinary procedure and there is an option for the plaintiff in the act of the preliminary hearing in order to provide more documentation in view of the allegations made by the defendant in the opposition brief or response to the lawsuit.

In the verbal procedure/trial, the defendant will provide the documentary in which he supports his opposition at the hearing. The actor or plaintiff, apart from the allegation of new facts or new news, can use more documentation if its claim is succinct or stems from a payment procedure.

Of the documentary evidence to be provided in the trial, apart from numbering it, we have to bring the original to the Court and a copy to the opposing party, as many as there are opposites parties.