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The request for evidence in a civil appeal

The second paragraph of article 460 of the LEC (Spanish Civil Procedural Law), authorizes the request for evidence in the second instance in the following cases:

a) Those that have been unduly denied in the first instance, provided that the reversal of the denying resolution has been attempted or the appropriate protest has been made at the hearing.

b) The proposals and admitted in the first instance that, for any reason not attributable to the person who requested them, could not have been carried out, not even as final proceedings in accordance with article 435 of the LEC.

c) Those that refer to facts of relevance to the decision of the lawsuit that occurred after the beginning of the term to dictate sentence in the first instance or before said term, provided that, in the latter case, the party justifies that it has had knowledge of them subsequently.

d) All the evidence that suits the right of the defendant declared in absentia who, for any reason not attributable to him, has appeared in the records after the time established to propose the evidence in the first instance.

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