Civil Procedure Act

Please note that the references made in this Act to the courts of first instance and investigation, of first instance, of the commercial, of investigation, of violence against women, of the criminal, of minors, of prison supervision, of the administrative, of the social, shall be understood to refer to the sections of the corresponding judicial order of the courts of instance; and the same consideration shall be given to the central courts with regard to the corresponding sections of the Central Court of Instance, as provided for in the first additional provision of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Includes bug fixes published in BOE Nos. 90 of 14 April 2000. Ref. BOE-A-2000-7052 and 180 of 28 July 2001. Ref. BOE-A-2001-14758

JUAN CARLOS I

KING OF SPAIN

To all who see and understand the present.

Know: That the Cortes Generales have passed and I come to sanction the following law.

EXPOSURE OF GROUNDS

I

The right of everyone to effective judicial protection, as set out in the first paragraph of Article Article 24 of the Constitutioncoincides with the desire and social need for a new civil justice, characterized precisely by effectiveness.

Effective civil justice means, as far as the concept of justice is concerned, full procedural guarantees. But it has to mean, at the same time, a more prompt judicial response, much closer in time to the demands of guardianship, and with greater capacity for real transformation of things. It therefore means a set of instruments aimed at shortening the time required for a final determination of the legal in specific cases, i.e. less distant sentences from the beginning of the proceedings, more affordable and effective precautionary measures, less burdensome enforcement for those who need to promote it and with greater chances of success in the real satisfaction of legitimate rights and interests.

Neither the nature of the civil or commercial credit nor the personal and family situations to be resolved in civil proceedings warrants a period of years until an effective resolution is reached, with the capacity to bring about real changes in the lives of those who have needed to go to civil courts.

The effectiveness of civil judicial protection must involve bringing justice closer to the justiciable, which does not consist in improving the image of justice, in order to make it appear more accessible, but in procedurally structuring judicial work so that each case must be better followed and known by the court, both in its initial approach and in the eventual need to purify the existence of obstacles and lack of procedural budgets - nothing more ineffective than a trial with acquittal of the instance - as well as in the determination of what is truly controversial and in the practice and evaluation of evidence, with orality, publicity and immediacy. Thus, the reality of the process will dissolve the image of a distant Justice, apparently located at the end of excessive and lengthy proceedings, in which it is difficult to perceive the interest and effort of the Courts and Courts and of those who make them up.

Effective civil justice means, finally, better judgements, which, within our system of sources of law, constitute strong references for the future and thus contribute to avoiding litigation and strengthening equality before the law, without diminishing the freedom of prosecution and the necessary evolution and change of case law.

This new one Civil Procedure Act is inspired and directed in its entirety to the interest of the justiciable, which is as much as to say to the interest of all legal subjects and, consequently, of the entire society. Without ignoring the experience, points of view and proposals of all professionals involved in civil justice, this law, however, looks first and foremost at those who demand or may apply for judicial protection, in fact effective, for their legitimate rights and interests.

II

With all its provisions aimed at these purposes, this new Civil Procedure Act it is aligned with the trends of reform universally considered most reasonable and with the experiences of the most real success in achieving a judicial guardianship that takes only the right thing, that is, what is necessary for the unavoidable confrontation of the procedure, with the necessary actions to prepare the sentence, guaranteeing its success.

Simplified formulas for the renewal of civil justice, inspired by a few elements understood as panacea, are no longer accepted in the world because of the weak legal bases and their real failures. It has already been noted, for example, that the positive change does not lie in a concentration of procedural acts, applied to any type of case. Nor is it considered advisable or proven effective to substantially alter the roles attributable to the actors in civil justice.

On the other hand, the poor results of the mimetic reforms, based on the transplantation of procedural institutes belonging to different legal models, are known. The identity or similarity of appellations between Tribunals or between procedural instruments does not constitute a reasonable and sufficient basis for such mimetism. And even less reasonable is the urge, usually unconscious, to replace one's own justice block by that of other countries or geographical and cultural areas. Such a substitution is, of course, impossible, but the mere influence of that momentum is very disturbing for legal reforms: new and more serious problems are generated, without any proposals being made and significant improvements achieved.

The positive use of institutions and experiences of others requires that both are well known and understood, which means full knowledge and understanding of the entire model or system in which they are integrated, of their inspiring principles, of their historical roots, of the various budgets of their functioning, beginning with humans, and of their real advantages and disadvantages.

This one Civil Procedure Act has been elaborated rejecting, as a method for change, the importation and unconnected implantation of isolated parts, which inexorably leads to the absence of a model or coherent system, disturbingly mixing opposing or contradictory models. The Act establishes a new civil justice system in so far as, based on our present reality, it provides, not by isolated words and precepts, but by fully articulated and coherent regulations, for substantial innovations and changes, previously mentioned, for the effectiveness, with full guarantees, of the protection entrusted to the civil jurisdiction.

In the drafting of a new Civil and Common Procedural Law, the correctness of judgements and resolutions cannot be ignored and reform can be dealt with with with a reprehensible quantitative and statistical reductionism, only concerned that the cases are resolved, and resolved in the shortest possible time. Because prompt effective judicial protection is necessary and because it is possible to achieve it without diminishing the guarantees, this law drastically reduces procedures and remedies, but, as has already been said, it does not dispense with what is reasonable to foresee as a logical and justifiable manifestation of the contest between the parties and so that, at the same time, the procedural moment of sentencing is properly prepared.

III

With a historical and cultural perspective, the incalculable value of the Civil Procedure Act1881. But with the same perspective, which includes the sense of reality, it must be recognized that the method of partial reforms to improve the delivery of justice in the civil court order is no longer exhausted, but that a new law is needed to seek to accept and to articulate, with radical innovation, the approaches expressed in the preceding paragraphs.

The legal experience of more than a century must be harnessed, but a new Civil Procedure Code is needed, which overcomes the situation caused by the lengthy complexity of the old law and its innumerable retouchings and extravagant provisions. Above all, a new law is needed to address and respond to many problems of impossible or very difficult resolution with the law of the last century. But above all, it is necessary to Civil Procedure Act new, that, respecting principles, rules and criteria of perennial value, accepted in the civil procedural laws of other countries of our same cultural area, expresses and materializes, with authenticity, the profound change of mentality that implies the commitment for the effectiveness of judicial guardianship, also in jurisdictional orders other than civil, since this new law is called to be procedural law extraneous and common.

The social transformations postulate and, at the same time, allow for a complete procedural renewal that overflows the content of one or more partial reforms. Over many years, the jurisdictional protection of new legal and material fields has given rise, not always with full justification, to special procedural rules in modern substantive laws. But society and the legal profession demand a change and simplification of a general nature, which is not carried out with their backs to reality, often more complex than before, but which provides new channels to deal adequately with this complexity. Authorized testimony of the conviction of the need for such renewal are the numerous official and particular works for a new Civil Procedure Act, which have occurred in recent decades.

With a sense of the State, which is a clear awareness of the due service of society, this law has not dispensed with, but quite the contrary, these works. The innumerable correct precepts of the 1881 Act, the enormous jurisprudence and doctrine generated by it, the many reports and suggestions received from different bodies and entities, as well as from prestigious professionals and experts, have been elements of great value and interest, also carefully considered in order to elaborate this Civil Procedure Act. The report of the General Council of the Judiciary and the report of the Council of State have also been examined with great attention and usefulness. It can therefore be said that the drafting of this Act has been characterized, as was desirable and desirable, by exceptionally broad and intensive participation by institutions and qualified persons.

IV

In this Law, both prolijity and schematicism, typical of some foreign procedural laws, but foreign to our tradition and an elementary detail in the procedural regulation, are being avoided, which the recipients of this kind of Codes have been considering preferable, as more in accordance with its correct and safe application. Thus, without going into regulatory excesses, which, because they want to foresee any incidence, end up raising more problematic issues than those they resolve, this Law addresses many issues and subjects on which little or nothing was said in the Law of 1881.

By filling these gaps, this Law certainly increases its content, but it does not become more extensive - on the contrary - or more complicated, but more complete. It is the legislator's mission and responsibility not to leave without a clear answer, under a layer of false simplicity, the real problems, which a long experience has been highlighting.

There is nothing new about this law that does not mean answers to questions of legal relevance, which for more than a century, case law and doctrine have had to address without clear legal guidance. It has clearly seemed unacceptable to seek an appearance of legislative simplicity on the basis of omissions, to close our eyes to the complexity of reality and to deny it, plainly and simply, in terms of normative solutions.

The real procedural simplification is carried out with the elimination of repetitions, the correction of regulatory shortcomings and with the reorganisation of declarative processes, appeals, enforced execution and precautionary measures, which seeks to be clear, simple and complete according to the reality of the disputes and the rights, powers, duties and burdens that fall to the courts, to the justiciable and to those who, in one way or another, must collaborate with civil justice.

In another way, the Act seeks to use language that, in keeping with the unavoidable requirements of legal technique, is more affordable for any citizen, with the elimination of today's obsolete or difficult to understand expressions and more linked to ancient forensic uses than to those demands. It eludes, however, even the appearance of doctrinalism and, therefore, it is not considered inconvenient, but quite the contrary, to maintain expressive diversities for the same realities, when such a phenomenon has been accepted in both the common language and the legal language. Thus, for example, the terms “trial” and “process” continue to be used as synonyms and in some cases the words “pretension” or “pretensions” are used, and in others the words “action” or “actions” are used as they appeared in the Law of 1881 and in subsequent jurisprudence and doctrine, for more than a century, without causing any problem.

Internal referrals are reduced as much as possible, especially those that indicate nothing about the precept or precepts to which they are referred. The criterion of dividing the articles, whenever necessary, into numbered sections is accepted and it is ensured that they make sense for themselves, unlike the simple paragraphs, which are to be understood as interrelated. And without incurring an exaggeration of accuracy, it is decided to refer to the court with the term “court”, which, properly speaking, says nothing about the single or collegiate character of the court. This option, in addition to avoiding a constant repetition, in not a few articles, of the term “Judges and Tribunals”, takes into account that, according to organic legislation, the first instance of certain civil proceedings may be followed before collegial courts.

V

As for its general content, this Act is set out to exclude the matter of so-called voluntary jurisdiction, which, as in other countries, seems preferable to be regulated by different law, where the provisions on a conciliation that has ceased to be compulsory and on the declaration of heirs without judicial contestation are to be taken. It is also consistent with the already adopted criterion that a specific law should deal with insolvency law. The corresponding provisions of the Civil Procedure Act of 1881 shall remain in force only until the adoption and validity of these laws.

In line with previous initiatives, the new Civil Procedure Act The Commission also intends to be a common procedural law, for which, at the same time, it is intended that Organization of the Judiciary Actof 1985, it restricts its content to what indicates its name and conforms, moreover, to what is stated in the first paragraph of Article 122 of the Constitution. The reference in this precept to the "functioning" of the courts and tribunals cannot be understood, and has never been understood, neither by the post-constitutional legislator nor by jurisprudence and doctrine, as a reference to the procedural rules, which, on the other hand, are expressly mentioned in other constitutional precepts.

There is therefore no impediment and there are reasons why the Organization of the Judiciary Act It is clear from procedural rules, not a few of them wise, but improperly situated and producing numerous doubts in co-existing with those contained in the Laws of Prosecution. This Act, of course, benefits from the fact that the 1985 procedural regulation is positive.

Special mention deserves the decision to regulate, in its strictly procedural aspect, the institute of abstention and disqualification. This is a subject, with undeniable different facets, of which the procedural laws were concerned, but which was regulated, with a new relationship of causes of abstention and disqualification, in the Organization of the Judiciary Act1985. However, the formal subsistence of the provisions on this subject in the various procedural laws gave rise to some problems and, on the other hand, the 1985 regulation could be improved and, in fact, it was improved in part by the work of the Organic Law 5/1997 of 4 December 1997.

This Law is an occasion for the completion of this improvement, dealing with the problem of reckless challenges or simply in the spirit of delay or immediate replacement of the challenged Judge or Magistrate. In this sense, the extemporaneity of the challenge is regulated more precisely, as a ground for non-admission to proceedings, and the initial procedures are expedited and simplified in order to ensure the least procedural alteration possible. Finally, a substantial fine is provided for challenges which, when resolved, result in proposals of bad faith.

VI

The new Civil Procedure Act It is still based on the principle of impervious justice or an operative principle, from which all its reasonable consequences are drawn, with the view not only that, as a rule, civil proceedings seek the protection of the rights and legitimate interests of certain legal subjects, to which the procedural initiative and the configuration of the subject matter of the proceedings belong, but also that the procedural burdens assigned to these subjects and their logical diligence to obtain the judicial protection they request, can and must reasonably shape the work of the court, for the benefit of all.

Civil proceedings are usually based on the initiative of those who consider it necessary to have judicial protection in accordance with their legitimate rights and interests. In accordance with the above-mentioned procedural principle, it is not reasonable for the court to investigate and verify the veracity of the facts alleged as constituting a case which allegedly requires a legal protection response. Nor is the court burdened with the duty and responsibility to decide which guardianship, of all possible ones, may be the case. It is to whom he believes he needs guardianship that the burden of requesting it is attributed, to determine it with sufficient precision, to plead and prove the facts and to invoke the legal bases corresponding to the claims of that guardianship. In order to deal with such burdens without defencelessness and with due guarantees, the parties are required, except in cases of singular simplicity, to be assisted by counsel.

This fundamental inspiration of the process - except in cases where a public interest that requires satisfaction prevails - is by no means an obstacle to the court's application of the law, as is done in this Act, within the limits of the legal facet of the case. Even less, the repeated principle is no disadvantage in ensuring that the Act significantly strengthens the enforcement powers of the courts in respect of the enforcement of their decisions or in order to punish procedural conduct manifestly contrary to the achievement of effective guardianship. On the other hand, these are provisions which are in harmony with the role entrusted to the parties, and which must be taken seriously by the burdens and responsibilities inherent in the process, without prejudice to the other subjects of the process and to the functioning of the administration of justice.

VII

In the area of general provisions, the Act introduces numerous innovations with three main purposes: to regulate more thoroughly and rationally various subjects and issues, hitherto lacking legal regulation; to ensure a better conduct of proceedings; and to strengthen guarantees of success in sentencing.

To all the general provisions on jurisdiction and jurisdiction, the subjects of the proceedings, their acts and proceedings, judicial decisions, appeals, etc., the Act attaches the importance they deserve, so that they constitute guidelines that are really applicable at the different stages of the proceedings, without the need to reiterate whole rules and regulations.

With regard to the parties, the Act contains new provisions that regulate this matter in a more complete and more orderly and clear manner, overcoming, for procedural purposes, the dualism of natural and legal persons and with improvement of other aspects, relating to procedural succession, litisconsorcial adhesive intervention and the intervention provoked. Likewise, the role and responsibility of litigants is more precisely shaped by the explicit and unitary regulation of acts of disposition (renunciation, search and withdrawal and transaction), as well as, at their most appropriate headquarters, the burden of the allegation and of proof. The rules on these matters explain what is the peaceful conquest of jurisprudence and legal science and not little importance for the outcome of the process through a just judgment.

With regard to the parties, although it does go far beyond their recognition and procedural treatment, it seems appropriate to give an account of the way in which this Law addresses the reality of the protection of collective legal interests, brought into the process, not by those who have been directly injured and for their individual protection, or by groups of affected persons, but by legal persons constituted and legally empowered to defend those interests.

This reality, mentioned through the reference to consumers and users, receives in this Law a tax and instrumental response of what they have and can in the future have the substantive rules regarding the point, controversial and difficult, of the concrete protection that, through the aforementioned entities, they want to grant to the rights and interests of consumers and users as collectives. As a channel for such guardianship, a special process or procedure is not considered necessary and, on the other hand, a number of special rules, in the appropriate places.

On the one hand, the procedural action of legal persons and groups is possible without difficulty in terms of their personality, capacity and procedural representation. And, on the other hand, following a far-sighted rule of the singular legitimization of such entities, the Law includes, in the appropriate places, other precepts on the appeal to the process of those who, without being plaintiffs, may be directly interested in intervening, on the accumulation of actions and proceedings and on the sentence and its enforced execution.

The broad scope of the procedure provided for in general permits the dismissal of a compulsory initial cumulation of claims, with the delay to which it would be necessary to proceed with proceedings, a delay which would very often prevent the effectiveness of the protection sought. As for the subjective effectiveness of sentences, the diversity of protection cases required avoiding a misleading generalizing rule. It is therefore provided that the court shall indicate the effectiveness of the judgement according to its content and the guardianship granted by the existing substantive law protecting the rights and interests at stake. Thus, the Act does not provide procedural instruments strictly limited to current provisions for collective protection of consumers and users, but is open to any changes and changes to substantive laws that may occur with respect to such protection.

Finally, it is decided not to require prior security or to regulate in particular the costs of the proceedings to which reference is made. As for the free legal aid, it is not the Civil Procedure Act the appropriate standard for deciding which entities, and in which cases, should be recognised or granted.

The mandatory representation by procurator and the mandatory assistance of counsel are set out in this Act without substantial variation from the above provisions. The experience, supported by unanimous reports on this point, guarantees the correctness of this decision. However, the present Law does not fail to respond to rationalisation requirements: the requirement of a sufficient number of powers is eliminated, for a long time devoid of meaning, and the entire material area in which representation by procurator and the assistance of counsel are necessary is unified. Prosecutorial and legal responsibilities are enhanced in the new procedural system, thus underlining the justification of their respective functions.

With regard to jurisdiction and jurisdiction, the Act regulates declination as a unique instrument for the control, at the request of a party, of such procedural budgets, determining that such an instrument should be used before the response to the claim.

Thus, on the one hand, legal loopholes affecting so-called international "competence (or incompetence)" are put to an end and, on the other, a disorderly and unharmonious regulation, in which declination, inhibition and exception were mixed and often confused, with the undesirable result, in not a few cases, of acquittals of the instance for lack of jurisdiction or jurisdiction, handed down after an entire process with contradictory allegations and evidence. What this Act considers appropriate to the nature of the matter is that, without prejudice to the ex officio monitoring of the court-related budgets of the proceedings, the passive party must disclose them in advance, so that, if they fail, the proceedings do not proceed or, in other cases, continue before the competent court.

The abolition of the bar, a procedural institute maintained in gift of a disputing facility of the defendant, is justified not only in the interest of a desirable simplification of the procedural treatment of territorial jurisdiction, a treatment that the declination-inhibition duality often complicates unnecessary and disturbingly, but also in the light of the very inferior difficulty that the defendant entails, at the dawn of the twenty-first century, to appear before the court that is hearing the case. In any event, and in order to avoid serious inconvenience to the defendant, the Act also allows for the declination of the defendant's domicile to be raised before the court, and then for its immediate referral to the court hearing the matter.

With regard to jurisdiction and, to a large extent, also with regard to objective jurisdiction, this Act is subordinated to the precepts of Organization of the Judiciary Actwhich, however, refer to procedural laws for other mechanisms of the court's legal predetermination, such as functional jurisdiction at certain extremes and, notably, territorial jurisdiction. At these ends it is provided with adequate standards.

This Law maintains the general criteria for the attribution of territorial jurisdiction, without unnecessarily multiplying special jurisdiction by reason of the matter and without converting all these rules into provisions of necessary application. Thus, in a large number of cases, submission of the parties is still permitted, but the regime of tacit submission of the plaintiff and the defendant is improved, with special provision for cases in which, before the application is filed, the defendant is admitted and placed, proceedings such as preliminary proceedings or the request and possible agreement on interim measures are carried out.

The provisions of the Law on domicile, as a general rule, respond, with a more realistic and flexible regulation, to the needs that experience has highlighted, seeking, in any case, a balance between the legitimate interests of both parties.

On the basis of the organic judicial regulation and with full respect for what is provided for therein, this Act establishes an elementary discipline for the division of cases, which, of course, takes account of its procedural aspects and the guarantees of the parties, while at the same time ensuring a better reality and image of civil justice. It is therefore not the result of legislative duplication or of an overstepping of the specific legislative area. It is one thing that the establishment and application of the rules for distribution is understood as a governmental function, not a jurisdictional function, and another, if not, that the performance of that function is of no procedural or jurisdictional relevance.

Some isolated precept of the Trial Act of 1881 already established a procedural consequence in relation to the division. What this law carries out is a logical development of the procedural projection of this "relative competence", as called it by the Law of 1881, with the focus on the second section of the Article 24 of the Constitution, which, according to the doctrine of the Constitutional Court, has not considered irrelevant neither the absence nor the violation of the rules of division.

It is clear, in fact, that the division ends up determining "the ordinary judge" who will hear each case. And while it has been considered constitutionally admissible that this last determination should not be carried out by immediate application of a rule with formal status of law, it would not be acceptable, in good legal logic and technique, that a governmental sanction should be the only consequence of the non-application or violation of the non-legal norms determining that it is aware of an "ordinary judge", instead of another. The coexistence of such a governmental sanction could hardly be justified, which would recognize the violation of what is to predetermine the “ordinary judge”, and the absence of procedural effects for those who have the right to have their case resolved by the appropriate court according to predetermined rules.

For all these reasons, the Act provides, first, that any infringement of the legality of the division of cases may be invoked and corrected and, if such a mechanism proves unsuccessful, provides, in the absence of a severe penalty of radical nullity - reserved for legal offences relating to jurisdiction and objective and ex officio declarable jurisdiction - that decisions handed down by an organ other than the one to be heard according to the rules of division may be annulled, at the request of a taxable party.

In this Act, the preliminary ruling is primarily the subject of unitary regulation, rather than the scattered and imprecise rules contained in the 1881 Act. Moreover, with regard to criminal pre-trial proceedings, the general rule of non-derogation from civil proceedings is established, unless there is a criminal case in which investigations are being conducted, such as facts of criminal appearance, some or some of which fully substantiate the claims of the parties to the civil proceedings and, moreover, the judgement to be handed down in the civil proceedings may be decisively influenced by the judgement to be handed down in the criminal proceedings.

Thus, more than an admitted complaint or an unsettled complaint is needed to ensure that criminal pre-trial proceedings have an impact on civil proceedings. However, if all the above-mentioned elements are present, this process is not suspended until it is only pending judgement. Only the special case of the criminal falsity of a document contributed to the civil proceedings determines an immediate suspension, provided that such a document can be a determining factor in the meaning of the judgement.

In order to complete a more rational treatment of criminal pre-trial proceedings, which, at the same time, avoids undue paralysis or delays in criminal proceedings through unfounded complaints or complaints, civil liability for damages arising from suspensive delay is expressly established if the criminal sentence declares the document to be authentic or if its falsity has not been established.

It also provides for the approach of non-criminal pre-trial questions with possible suspensive and binding effects, where the parties to the civil proceedings are satisfied with those effects. And finally, civil preliminaries are also allowed, with suspensive effects, if there is no accumulation of processes or one of the processes is close to completion.

VIII

The object of the civil process is a matter of various facets, all of which are of great importance. The doctrinal polemics and the different theories and positions accepted in the case law and in the scientific works are known. In this Act, the matter is regulated in various places, but the exclusive purpose of the new rules is to solve real problems, which the 1881 Act did not resolve or facilitate to resolve.

It is based here on two inspiring criteria: on the one hand, the need for legal certainty and, on the other, the lack of justification for bringing the same persons to justice in different proceedings and for provoking the corresponding activity of the courts, where the disputed question or case can reasonably be settled in one.

With these criteria, which must be harmonized with the full range of procedural guarantees, this Law, among other provisions, establishes a rule of limitations for allegations of facts and legal grounds, already known in our law and other legal systems. In the same vein, the Act avoids the undue duality of disputes concerning the nullity of legal transactions - one, by way of exception; another, by way of demand or action - it treats differently the claim of compensation and specifies the scope of the facts that can be considered new for the purpose of establishing a second claim in appearance equal to the previous one. On all these points, the new precepts are based on sound jurisprudence and doctrine.

With the same basic inspiration of not unnecessarily multiplying the judicial activity and the burdens of all kinds that any process entails, the system of plurality of objects aims at the procedural economy and, at the same time, a configuration of the objective scope of the proceedings that does not involve an inconvenient complexity due to the procedure to be followed or that simply makes it difficult, without sufficient reason, to carry out and decide on the disputes. Thus, counterclaims that are not related to the claims of the actor are prohibited and, in oral proceedings, in general, the cumulation of actions is restricted.

The regulation of the cumulation of actions is generally innovated by various improvements, and in particular by the provision of precise procedural treatment, which has hitherto been non-existent. As regards the cumulation of proceedings, the budgets that make it appropriate, as well as the requirements and procedural obstacles of this institute, are clarified, simplifying the procedure as soon as possible. In addition, the Act includes rules to prevent a diversion from the accumulation of processes: accumulation shall not be allowed where the subsequent process or processes can be avoided by the exception of litispendence or if what is raised in them may have arisen through the initial accumulation of shares, the expansion of demand or through counterclaim.

IX

Title V, which deals with judicial proceedings, presents in an orderly manner rules brought from the Organization of the Judiciary Actwith some refinements advised by experience. Particular emphasis should be placed on the provisions on the necessary publicity and presence of the judge or judges - not only the Rapporteur, in the case of a collegial body in evidence, appearances and hearings. This insistence on general rules will then find full concreteness in the regulation of the different proceedings, but in any case, the violation of the provisions on judicial presence or immediacy in the broad sense is punished with radical nullity.

With regard to the giving of faith, the Law rejects some proposals that run counter to this essential function of the Judicial Secretaries, although it seeks not to extend this responsibility of the fedatories beyond what is truly necessary and, in addition, possible. Thus, the Law requires the intervention of the public court fedator for the reliable record of the procedural proceedings conducted in or before the court and recognizes the receipt of written submissions in the register that may have been established for that purpose, on the understanding that the public judicial faith guarantees the data of the said registry regarding the receipt.

The documentation of the proceedings may be carried out not only by means of records, notes and proceedings, but also by means of technical means which satisfy the guarantees of integrity and authenticity. And oral hearings and appearances must be recorded or recorded on media suitable for reproduction.

Acts of communication are regulated with order, clarity and practical meaning. And it is intended that, in their own interest, litigants and their representatives will take on a more active and effective role, passing on to the courts an unjustified management job and, above all, eliminating "dead times", which delay the process.

Important part of this new design are the prosecutors of the Tribunals, who, as representatives of the parties and professionals with technical knowledge of the process, are able to receive notifications and carry out the transfer to the opposite side of many writings and documents. In order to process the proceedings without undue delay, the same associations of procurators are also entrusted with the efficient functioning of their notification services, which are already provided for in the Organization of the Judiciary Act.

Concern about the effectiveness of communication acts, which is a factor of undue delay in the resolution of not a few disputes, leads the law to decide to give importance to households that are registered in the register or in public entities or registers, on the understanding that civic and socially acceptable behaviour is not compatible with the indifference or neglect of persons in respect of such homes. For the purposes of communication, the place of work is also considered to be non-occasional.

In this connection, considerable changes in the regime of the aforementioned acts of communication are being made, with the edicts only as a last and extreme resort.

If, in the proceedings, the intervention of a procurator is mandatory or if, without being so, the parties are accompanied by such representation, the acts of communication, whatever their object, are carried out with the procurators. Where representation by a procurator is not mandatory or has not yet been made, the communication is attempted first by registered mail with acknowledgement of receipt to the place designated as domicile or, if the court considers it more convenient for the success of the communication, to several places. Only if this means fails is communication attempted by handing over to the court what is to be communicated, either to the addressee or to other persons expressly provided for, if the addressee is not found.

For the purposes of the place or summons for the initial appearance of the defendant, it is for the plaintiff to identify one or more places as domiciles for the purposes of communication, although, logically, the defendant may designate a different address. If the applicant does not know the address or if the communication to the place indicated fails, the court must carry out inquiries, the effectiveness of which is reinforced by this Act.

In terms of time limits, the Act radically eliminates the time limits for judicial determination and establishes the others realistically, taking into account the experience of the main actors in civil justice and the results of some partial reforms of the 1881 Act. In this regard, it has been found that a systematic shortening of the legally established time limits for the actions of the parties does not result in the desired reduction of the time horizon of the judgment. There are no very short time limits for any panacea in order to ensure that, in the end, a decision providing for effective protection is issued with due guarantees.

This Act therefore elects short but sufficient time limits for the actions of the parties. And with regard to many time limits for the court, there are also short deadlines, with certainty in the due diligence of the courts. However, with regard to the marking of hearings, trials and hearings - which are of major importance in the structure of the new declaratory proceedings, given the concentration of acts adopted by the Act -, mandatory norms that are not to be complied with are to be avoided and, in some cases, it is to be hoped that the court timetables for such acts will be in line with the status of the proceedings and with the legal and regulatory obligations of all the servants of the Administration of Justice.

With regard to the time limits for sentencing in first instance, 10 days for the oral trial and 20 days for the ordinary trial are fixed. These are not time limits which, in themselves, may be considered too short, but they are reasonable and possible to be complied with. It should be borne in mind that the above-mentioned new structure of ordinary proceedings implies that judges already have an important knowledge of the cases and are not to study them or re-study them entirely at the end, examining one by one the separate proceedings of evidence, as well as the initial allegations of the parties and their claims, which, since their admission, they often failed to consider again.

In oral trials, it is obvious that the sentencing moment is close to the evidence and to the claims and their foundations. In the ordinary proceedings, the conduct of the trial operates this proximity of the judgement to the evidence - and therefore, to a large extent, to the case - and the pre-trial hearing, in which the subject matter of the dispute is to be outlined, also approximates the claims of the parties to the judicial decision-making activity of the dispute.

The Act, which is attentive to the present and forward-looking of the future, opens the door to the presentation of written documents and to acts of notification by electronic, telematic and similar means, but without imposing on the justiciable and citizens who have such means and without failing to regulate the requirements of this communication. In order to have full effect of the acts carried out by these means, it will be necessary for the instruments used to ensure that the communication and the communication are surely attributable to the person who appears as the author of both. Full reception and other legally relevant circumstances must also be guaranteed.

It is logical to provide, as is done, that, where such assurances are not provided by the characteristics of the medium used or are susceptible to manipulation with greater or lesser ease, the effectiveness of the documents and documents, for the purposes of proof or proof, is subject to a presentation or input which does allow the necessary examination and verification. But these reasonable cautions should not, however, prevent the recognition of scientific and technical advances and their possible incorporation into the civil process.

At this point, the Law avoids engaging in improper regulation of its nature and its desirable temporal projection. The establishment of media such as those referred to and the determination of their technical characteristics are, as far as courts are concerned, matters which find the appropriate legal basis in the powers conferred on them by the Treaty. Organization of the Judiciary Act confer on the General Council of the Judiciary and the Government. As for prosecutors and lawyers and even not a few justiciables, it is reasonable to assume that they will have media other than traditional ones, which meet the requirements of this Law, to the extent of their own possibilities and the means available to the courts.

For judicial assistance, which includes, inter alia, improvements, the provision of justice to the courts of the peace, the Act has the judicial computer system. In this regard, the courts are given reasonable enforcement and sanctioning power in respect of delays due to lack of diligence on the part of the parties.

Other particularly noteworthy innovations, within the above-mentioned Title V of Book One, are the provision for further hearings to be held before the hearing, in order to avoid their being suspended to the maximum extent, as well as the rules which, with regard to the voting and adjudication of cases, tend to ensure that evidence is strictly immediacy, providing, with reasonable exceptions, that the Judges and Judges who witnessed the practice of evidence in the trial or hearing are to be delivered.

With such rules, this Law does not exaggerate the importance of immediacy in civil proceedings or aspire to utopia, because, in addition to the importance of immediacy for the accurate prosecution of all kinds of cases, the ordering of new civil proceedings in this Law imposes concentration of the practice of proof and proximity of such practice to the time of sentencing.

In the chapter on judicial decisions, innovations are highlighted in relation to their invariability, clarification and correction. Legal certainty is increased by properly profiling cases where the latter two proceed and introducing an instrument to remedy promptly, ex officio or at the request of a party, manifest omissions in pronouncements, supplementing judgements in which such omissions have been committed by mistake.

The law regulates this new institute with the necessary precision so that it is not abused and it should be noted, moreover, that the precept on the form and content of sentences increases the requirement of care in the operative part, providing that in it all the pronouncements corresponding to the claims of the parties are made without allowing tacit pronouncements frequently involved so far in the legal bases.

Thus, the mechanism of the so-called “clarification appeal” will not have to be enforced and regular and extraordinary appeals based on inconsistency by omission of pronouncements may be avoided. It is clear and clear from the law that this institute does not attack at all the firmness that, in his case, must be attributed to the incomplete sentence. Because, on the one hand, the pronouncements already issued are obviously firm and, on the other, it is forbidden to modify them, allowing only those that were omitted to be added.

Faced with proposals of a wide variety of meaning, the Act maintains the procedures for ordination, although extending their content, and suppresses the proposals for resolution, both of which have been up to now carried out by the Judicial Secretaries. These measures are part of the Act's efforts to clarify the areas of action of the courts, which are responsible for issuing orders, orders and sentences, and of the judicial secretaries, who, together with their irreplaceable work, among many other important tasks, as public court trustees, must also be responsible, and exclusively, for the proper management of the process, through the procedures of ordination.

The motions for resolutions, introduced by the Committee on Economic and Monetary Affairs and Industrial Policy, Organization of the Judiciary Act In 1985, they did not in fact benefit from the indisputable technical knowledge of the judicial secretaries, but rather to increase the confusion between their powers and those of the courts, and to give rise to different criteria for action in the various courts and tribunals, often resulting in insecurities and dissatisfactions. It was therefore not considered appropriate to maintain its existence and to propose alternative formulas that would result in better functioning judicial bodies.

In this sense, the Law chooses, on the one hand, to define precisely what must be understood by orders and orders, specifying, in each specific precept, when they must be dictated. Thus, any procedural question requiring a judicial decision must necessarily be resolved by the courts, either by an order or by an order, depending on the case. However, the Act attributes the formal and material ordering of the proceedings, in short, decisions of procedural impetus, to the judicial secretaries, indicating throughout the text when an order must be issued through the use of impersonal forms, which allow it to be inferred that the corresponding actions must be carried out by those in their capacity as the persons responsible for the proper conduct of the proceedings.

The new provisions of this Act are also those which, in accordance with the most authoritative jurisprudence and doctrine, express rules relating to the content of the judgment. Thus, the precepts relating to the rule "iuxta allegata et probata", the burden of proof, congruence and material res judicata. Important also are the provisions on judgments with a liquidation reserve, which are sought to restrict to cases where it is essential, and on future convictions.

With regard to the burden of proof, the Act goes beyond the terms, in themselves, which are not significant, of the only legal precept that has existed until now as a general rule, and welcomes concepts that have already been established peacefully in the Jurisprudence.

The burden of proof rules, although applied judicially only when no certainty has been obtained as to the facts at issue and relevant to each proceeding, constitute rules of decisive guidance for the activity of the parties. They are also well applied rules which enable the judge to rely on the correctness of his factual trial, in cases where it is not in the public interest that it is ex officio necessary to exhaust the possibilities of clarifying the facts. For all of this, this legislative effort must be considered of importance.

The precept on the due completeness and consistency of sentences, in addition to having been enriched with some precisions, is complemented by other norms, some of them already mentioned, which give consistency all its virtuality. With regard to the res judicata, this law, once again avoiding what would be doctrinalism in it, departs from over-conceptions of an almost meta-legal nature and, in accordance with the best legal technique, considers res judicata as an institute of an essentially procedural nature, aimed at preventing the improper repetition of disputes and at seeking, by means of the effect of positive connection to the earlier judgment, the harmony of judgements rendered on the merits in cases which are related to the preliminary ruling.

From this perspective, away from the idea of the presumption of truth, from the topical "sanctity of the res judicata" and from the confusion with the legal and material effects of many judgments, it is understood that, except for very justified exceptions, the requirement of the identity of the parties is reaffirmed as a budget of the specific effectiveness in which the res judicata consists. With regard to other elements, the Act provides that the res judicata shall operate by giving effect to the above-mentioned rule of limitation of allegations of facts and legal grounds.

The nullity of procedural acts is regulated by this Law, first determining the cases of radical or full nullity. The regular system of denouncing cases of radical nullity is maintained through appeals or their declaration, ex officio, before a decision is made to terminate the proceedings.

However, it reaffirms the need, highlighted in its day by the Constitutional Court, for a specific procedural remedy in those cases in which the radical nullity, at the time when the vice that caused it occurred, could not be declared ex officio or denounced by way of appeal, however, it was serious defects, generating undeniable defencelessness. Thus, for example, the deprivation of the right to act in pre-sentence hearings or to hear the judgement for the purpose of bringing appropriate remedies.

However, the inconsistency of this procedure is excluded. Because the incongruity of the decisions that put an end to the process, besides not always involving radical nullity, presents a clearly different entity, does not in many cases demand the replacement of the proceedings for the reparation of the defencelessness caused by the defect of nullity and, in the case of a patent omissive inconsistency, this Law has provided, as already explained, for a different treatment.

It is true that, through the exceptional incident of nullity of proceedings, judgements and other final decisions, which must be considered final, may be affected. But the legislator cannot, for the sake of firmness, close his eyes to the prior radical nullity, which affects the resolution, with all its characteristics - including firmness - and with all its effects. The Act therefore chooses to deal with nullity according to its nature and not according to the similarity with the realities that determine the existence of other institutes, such as the so-called review appeal or the hearing of the convicted person in absentia.

In the cases provided for as the basis for the exceptional remedy currently in question, there is no case for termination of final judgements and it has not seemed appropriate to mix nullity with those cases nor has it been considered appropriate, for effective judicial protection, to follow the procedure established for the purpose of termination or to bring invalidity to the body competent for that purpose.

Although, as with other procedural rights, there is always the risk of abuse of the exceptional application for nullity of proceedings, the Act prevents such risk, not only by careful determination of the cases in which the application may be based, but also by other rules: not suspension of execution, conviction on costs in case of dismissal of the application and imposition of a fine when deemed reckless. Moreover, the courts may reject manifestly unfounded applications by succinctly reasoned order, without the fact that in such cases the incident is to be substantiated and the order issued.

X

Book II of this Law, which deals with declaratory processes, includes, within the Chapter on common provisions, the rules for determining the process to be followed. This determination is carried out by combining criteria relating to the subject and the amount. However, the matter is not only considered in this Act, as in 1881, as a predominant factor with regard to the amount, but also as a very higher element of relevance, as a logical consequence of the concern of this Act for the effectiveness of judicial guardianship. This effectiveness demands that, for reasons of matter, regardless of the money evaluation of the interest of the matter, a large number of cases and issues are quickly - more quickly than before - resolved.

This is an opportune moment to give reason for the treatment that, with the look on the Article 53.2 of the ConstitutionThis Act grants, in the civil procedure field, a plural subject, but subject to unitary consideration: fundamental rights.

In addition to understanding, according to unanimous interpretation, that the sum to which the above-mentioned precept refers the Constitution is not to be understood in the strict or technical-legal sense, of absence of res judicata on the grounds of a limitation of allegations and evidence, it is essential, for an appropriate approach to the topic, to distinguish between fundamental rights whose violation occurs in the extra-procesal reality and those which, by reason of their substance and content, can only be violated or infringed in a proceeding.

As for the former, they can and must be brought to a process for their speedy protection, which is dealt with with with preference: the act or behaviour, external to the process, which generates the alleged violation of the fundamental right, is then settled jurisdictionally. And what the specific constitutional precept cited above wants is, without any doubt, a singularly rapid judicial protection.

In contrast, with regard to fundamental rights which, in themselves, consist of procedural rights and guarantees, it would be illogical if the violation of those rights could be dealt with by providing, within the ordinary jurisdiction, both one or more parallel proceedings and a subsequent proceeding in which such a violation occurred and was not remedied. It is clear that with the former, it would enter completely into the territory of the absurd. And the second would be to duplicate jurisdictional proceedings. And we could still talk of duplication - which is completely ineffective and paradoxically contrary to what was intended - at least, because in this second process, which is considered as a hypothesis, it could also occur or be thought that there had been a new violation of fundamental rights, of procedural content.

For all these reasons, for the fundamental rights of the first block mentioned above, those that refer to legal assets of the out-of-court life, this Law provides that the corresponding processes should be conducted through a procedural, preferential procedure, faster than the one established by the Law on the Legal Protection of Fundamental Rights, 1978: that of ordinary trials, with a request and written reply, followed by a hearing and a sentence.

On the other hand, with regard to fundamental rights of a procedural nature, the infringement of which may occur throughout any dispute, this Act dismisses a special illogical procedure for complaints of infringement and considers that any violations must be remedied in the proceedings in which they have occurred. To this end, they respond, on very different points and issues, to numerous provisions of this Law, aimed at the prompt protection of constitutionalized procedural guarantees. Most of these provisions are general in nature, since what they regulate is always likely to give rise to the need to protect fundamental rights of a procedural nature, without therefore making any provision for preferential treatment. On the other hand, and by mere examples of unique rules, it is worth noting the preferential treatment of all complaints and appeals against certain orders that do not grant applications. According to experience, the Act is also dealt with in a special way, as it will be seen, in cases of defencelessness, with radical nullity, which, for the time when they may occur, cannot be dealt with by means of appeals or by action of the court, ex officio.

Returning to the attribution of types of cases in the various procedural channels, the Law, in summary, reserves for the oral trial, which begins by succinct demand with immediate summons for the hearing, those disputes characterized, in the first place, by the singular simplicity of the controversial and, in the second place, by their small economic interest. The rest of the litigation must follow the ordinary trial, which is also characterized by concentration, immediacy and orality. In any case, although the matter is a determining criterion of the procedure in many cases, the amount continues to play a non-derogable role and the rules on its determination change markedly, with better content and structure, according to experience, on the other hand, it is ensured that the initial indetermination is limited to cases that are truly irreducible to any quantification, even relative.

The preliminary proceedings under the Civil Procedure Act of 1881 were not far from complete disuse, since they were not considered useful, given the limited consequences of the refusal to carry out the planned preparatory behaviours, despite the fact that the court considered the request justified. For these reasons, some civil procedural reform initiatives tended to do away with this institute.

However, this Law is based on the conviction that effective measures can be taken to prepare the process. On the one hand, the procedures that can be requested are extended, although they do not go so far as to be indeterminate. On the other hand, without engaging in coercive excesses, there are, however, provisions for unjustified refusals, practical consequences of effectiveness far superior to liability for damages.

Seeking an equitable balance, the applicant for the preliminary measures is required to provide security in order to compensate the expenses, damages and damages that may be caused to the taxable persons of those measures, with the particularity that the same court competent for the measures will summarily decide on the fate of the security.

In the initial stages of the proceedings, in addition to accompanying the application or personation with documents proving certain procedural assumptions, it is of great importance, for the information of the opposing party, to submit documents on the merits of the case, to which the regulation of this Law adds means and instruments containing fundamental facts (words, images and figures, for example) for the claims of the parties, as well as written opinions and certain reports on facts. The new rules also provide for the submission of documents required in certain cases for the admissibility of the application and clearly state that, as is logical and reasonable, documents relating to the merits may be submitted at a non-initial time, but the relevance of which has been revealed only as a result of the allegations of the opposing party.

Here as elsewhere, the Law accentuates the burdens of the parties, restricting as much as possible the possibility of referring to files, archives or public records. The non-initial submission of documents and other written submissions and instruments relating to the substance is accurately regulated and the promise or oath if it has not been known or obtained previously is replaced by the burden of justifying such a circumstance. The court is jointly empowered to decide whether the documents should not be taken into account if, with the conduct of the proceedings, ignorance and impossibility were not justified. In cases where bad faith or delay in the presentation of the document is appreciated, the court may also impose a fine.

With regard to the regulation of the delivery of copies of documents and documents and their transfer to the other parties, it is important innovation to entrust the transfer to the Procurators, when they intervene and have taken part. The court will have to carry out the transfer from the time it is recorded that the copies are delivered to the service of notification organized by the College of Attorneys. In this way, courts are rationally discharged and, in particular, non-jurisdictional staff are discharged from work, which is clearly unnecessary and inappropriate to the inevitable detriment of others. But, moreover, the new system will allow, as previously noted, to eliminate "dead times", since the presentation with accredited transfer will begin to calculate the deadlines for carrying out any subsequent procedural action.

XI

As these are common rules for all declaratory proceedings in first instance and, where appropriate, in the second instance, it seems more appropriate to place the rules on proof among the general provisions of the declaratory judicial activity than within those which articulate a certain procedural type.

The proof, thus incardinated and with abrogation of the precepts of Civil Code This law regulates itself with the desired uniqueness and clarity, as well as a wide improvement, in three different aspects.

On the one hand, it determines the object of the evidence, the rules on the initiative of the probative activity and its admissibility, according to the criteria of relevance and usefulness, to which the lawfulness is to be added, to whose procedural treatment, until now non-existent, is provided with simple precepts.

On the other hand, as regards the procedural aspect, in the face of the dispersion of the practice of proof, a capital novelty is introduced, which is the practice of all the evidence at trial or hearing, providing that proceedings which, for justified reasons and reasons, cannot be carried out in such public acts, with full guarantee of the judicial presence, must be carried out prior to them. In addition, advance proof and assurance of evidence are regulated, which in the 1881 Act deserved little in isolation.

Finally, the means of proof, together with the presumptions, undergo numerous and important changes in this Law. It is worth mentioning, as first of all, the legal opening to the reality of how much can be conducive to a judgement of certainty about the factual allegations, opening incompatible with the idea of a certain and closed number of means of evidence. In addition, explicit recognition of instruments that allow the collection and reproduction of words, sounds and images or data, figures and mathematical operations is required.

Secondly, it changes, in the line of greater clarity and flexibility, the way of understanding and practicing the most consecrated and perennial means of testing.

The confession, in excess of taxation of its historical origins, largely exceeded, and, moreover, mixed with the oath, is replaced by a declaration by the parties, which is extraordinarily far removed from the rigidity of the "absolution of positions". This statement must address questions raised in a free interrogation, which guarantees the spontaneity of the answers, flexibility in the conduct of questions and, ultimately, the integrity of an unprepared statement.

With regard to the assessment of the parties ' statement, it is logical to continue to take into account, for the purpose of establishing the facts, the fact that they are recognized as certain by the party involved and to which they are harmful. However, it is not reasonable, in any event, to impose full evidentiary value on such recognition or confession. As case law has been asserting in recent decades and justifying the best doctrine, free valuation must be established, taking into account the other evidence that is being practiced.

This Act deals with documents, within the precepts of proof, for the sole purpose of the formation of a judicial trial on the facts, although this effectiveness obviously has to exert a considerable indirect influence on legal traffic. Public documents, from the civil procedural point of view, have always been and must remain those to which they can and must be attributed a clear and determined force when the said factual trial is in progress. Private documents, on the other hand, are those which, in themselves, do not enjoy that force, which is the basis of procedural certainty, and therefore, unless their authenticity is recognized by those who are likely to be harmed, they are subject to free evaluation or to the rules of sound criticism.

The specific evidentiary force of public documents derives from the confidence placed in the intervention of different legally authorized or authorized fedators. The procedural law must reflect, in its specific effects and in intelligible language, such intervention, but it is not the normative headquarters in which the requirements, the competence and other factors of the giving of faith are to be established. Nor is it the case for procedural legislation to settle interpretative disputes concerning the rules on the function of giving evidence or on the legal advice with which it contributes to the documentary implementation of legal transactions. Less specific to this Act has seemed to determine documentary requirements relating to such businesses or to modify pre-existing legislative options.

In the face of currents of opinion that, looking at other models and an alleged decrease in the economic costs of legal businesses, advocate a radical modification of the public faith in legal-private, civil and commercial traffic, this Law is respectful of that give of faith. However, this is a respect compatible with the legitimate interests of the persons liable for prosecution and, of course, with the interests of the administration of justice itself, and the Act is intended, first of all, that each party should clearly establish its position on the documents provided to the contrary, so that, in the event of recognizing them or not challenging their authenticity, the factual dispute will disappear or be reduced.

It should also be pointed out that certain precepts of various laws attribute the character of public documents to some for which, sometimes expressly and sometimes implicitly, the so-called “evidence to the contrary” may be considered. This Law respects these provisions of other legal bodies, but it is obliged to regulate these public documents differently and those of the others, which have been dealt with up to here, and which in themselves give full proof.

On this basis, the unitary regulation of documentary evidence, contained in this Law, seems complete and clear. Moreover, other aspects of the rules on evidence resolve issues that, in their practical dimension, are no longer meaningful. The notion of documentary evidence should not be forced to include in it what is contributed to the process for the purpose of establishing certainty of fact, which is not subsumable in the notions of the other means of evidence. Opinions and written reports may be drawn up and provided, with only the appearance of documents, but of an expert or witness nature and it is not to be excluded, but rather provided by law, for the use of new evidentiary instruments, such as non-conventional media, data, figures and accounts, to which, in the end, they should be given a similar consideration to documentary evidence.

With the exceptions required in respect of civil proceedings in which a public interest is to be satisfied, this Act consistently tends to consider the opinion of experts as a means of proof in a proceeding, in which, except for the exceptions referred to, the court is not imposed and held responsible for the investigation and verification of the veracity of the relevant facts on which the claims for protection made by the parties are based, but it is on them that the burden of pleading and proving lies. Thus, the opinions of experts appointed by the parties are introduced and the expert tribunal reserves the appointment of experts in cases where this is requested by the parties or is strictly necessary.

Thus, the practice of expert testing also acquires a very different simplicity from the procedural complication to which the regulation of the 1881 Act led. It excludes the challenge of experts whose opinion the parties provide, who may only be subject to a cross-reference, but all experts are required to be sworn in or promised to act in the highest objective and impartial manner, and in respect of all of them, provisions are contained in this Law that would lead to the submission of their opinions to an explanation, clarification and complement, with full contradiction.

Thus, the expert activity, whose nineteenth-century regulation reflected the unresolved dilemma about its nature - whether it is a means of proof or complement or assistance from the judge-, now fully responds to the general principles that must govern the probatory activity, acquiring meaning its free assessment. Indirect, but not insignificant, effect of this necessary clarification is the solution or, at least, important attenuation of the practical problem, very frequent, of the adequate and timely remuneration of experts.

But, on the other hand, this Law, in understanding the enormous diversity of operations and manifestations that modernly involves expertise, departs resolutely from the regulation of 1881 to recognize without casuism the diversity and breadth of this means of proof, with attention to its frequent instrumentality with respect to other means of proof, which is not only manifested in the comparison of letters.

With regard to the questioning of witnesses, similar considerations to those outlined with regard to the testimony of the parties, have advised that the Act should choose to establish that the interrogation is free from the outset. This office also regulates the interrogation of facts recorded in reports previously submitted by the parties and provides for the declaration of legal persons, public and private, so that, together with specialities that the experience advises, the contradiction and immediacy in the practice of the evidence are guaranteed.

The Act, which more broadly conceives of judicial recognition, also includes among the means of proof, as has already been said, the instruments that enable the collection and reproduction, not only of words, sounds and images, but also of those that serve for the archiving of mathematical data and figures and operations.

Introduced in this Law the presumptions as a method of establishing the certainty of certain facts and sufficiently regulated the burden of proof, a key element of a civil process in which the public interest is not predominant, can be eliminated the duality of civil proof regulations, by abrogating some precepts of the Civil Code.

XII

Experience has shown throughout the world that if, following the initial allegations of the parties, one of these two risks is immediately involved, that, before the judgement is handed down immediately, all the complementary and evidentiary activities are concentrated, it is almost always the most serious risk, that the cases are resolved without observance of all the rules guaranteeing full contradiction and without the desirable attention to all the elements to be found in the judgment, or that the time that has been gained by apparently immediately attending the act of the trial or hearing is to be lost with suspensions and incidents, which in no way can be considered always unjustified and merely dilatory, but often necessary because of the complexity of the cases.

On the other hand, it is a rational and constitutional requirement for the effectiveness of judicial guardianship that any questions concerning procedural budgets and obstacles be resolved as soon as possible, so that judgements not on the merits of the contentious case and any other resolution that would terminate the unresolved proceedings on their subject matter are avoided as far as possible, after costly, wasteful efforts by the parties and the court.

Consequently, as already noted, it is only appropriate to resort to the maximum concentration of acts in contentious cases that are not complex or that claim guardianship with a singular speed. In other cases, the prudent legislative option is the ordinary trial, with its previous hearing aimed at debugging the process and setting the subject of the debate.

With these premises, the Law articulates in general two distinct channels for declarative judicial protection: on the one hand, that of the process which, by the expressive simplicity of the denomination, is called "ordinary trial" and, on the other, that of "verbal trial".

These processes, in some cases through special provisions, include disputes that have so far been dealt with through four ordinary proceedings, as well as all incidents that are not specifically regulated, thus also eliminating the common incidental procedure. And this new one Civil Procedure Act It also allows dealing, without any guarantees, with matters which were dealt with to date in more than a dozen laws other than the common civil procedure. This is well demonstrated by the derogation and the final provisions.

Thus, these procedures simplify the procedural channels of many and many different judicial guardianships. What is not done, because it would have no reason or meaning, is to dispense with justified particularities, both with regard to special assumptions of admissibility or procedurality and with regard to certain aspects of the procedure itself.

What is necessary and desirable is not to unify at an extreme level, but to eliminate what is unnecessary and, above all, to put an end to an over-dispersal of legislation. On the other hand, it is neither rational nor constitutionally necessary to close the transition to subsequent legal provisions, but only to ensure that the provisions of this Act are sufficient, because of their foresight and flexibility, for the judicial treatment of new matters and problems.

The Law designs declarative processes so that immediacy, publicity and orality are to be effective. In oral trials, because of the importance of the hearing; in ordinary, because after demand and response, the most outstanding procedural milestones are the pre-trial hearing and the trial itself, both with the inexcusable presence of the judge.

Broadly speaking, the development of the regular process can be summarized as follows.

At the previous hearing, an agreement or transaction of the parties is initially attempted, ending the proceedings and, if such an agreement is not reached, resolving possible questions of procedural budgets and obstructions, determining precisely the claims of the parties and the scope of their dispute, trying again an agreement between the litigants and, if it is not reached and if there are disputed facts, proposing and admitting the relevant evidence.

In the trial, evidence is used and conclusions are drawn on it, ending with reports on the legal aspects, unless all parties prefer to report in writing or the court deems it appropriate. It should also be reiterated that all public and oral proceedings in both instances shall be recorded by means of appropriate recording and reproduction instruments, without prejudice to the necessary records.

The Act abolishes the so-called "diligencies for better provision", replacing them with final measures, with budgets other than those of the latter. The main reason for this change is consistency with the already mentioned fundamental inspiration that, as a rule, must preside over the initiation, development and outcome of civil proceedings. Moreover, it is advisable to strengthen the importance of the act of judgment, restricting the activity prior to the sentence to what is strictly necessary. Therefore, as final steps, only those measures of evidence, duly proposed and admitted, which could not have been carried out for reasons other than those of the party concerned, shall be admissible.

The Act considers it inappropriate to carry out anything that could have been proposed and not proposed, as well as any activity of the court which, with the detriment of the equality contest between the parties, satisfies its lack of diligence and care. Exceptions to this rule have been carefully considered and meet criteria of equity, without providing an unjustified opportunity to disrupt the procedural structure or undermine the equality of contradiction.

With regard to the summary technical and legal nature of the proceedings, the Act provides that judgements which put an end to those seeking prompt protection of possession or possession, those which decide on requests for the cessation of illegal activities in the field of intellectual or industrial property, those which provide immediate protection against new or ruinous works, as well as those which resolve the eviction or recovery of property for failure to pay the rent or rent or the effectiveness of the real rights registered against those who oppose them or disturb their exercise, without having a registered title that legitimizes opposition or disturbance. The experience of inefficiency, legal uncertainty and excessive procedural vicissitudes suggests, however, not to establish as summary the proceedings in which a situation of precariousness is invoked as a basis for the claim of eviction: it seems very preferable that the proceedings be conducted with openness to full allegations and evidence and be completed with full effectiveness. And the food processes, like others on similar objects, should not be confused with provisional measures nor should they lack, in their outcome, the force of res judicata. Subsequent claims may be fully justified by new facts.

XIII

This Act contains only one regulation of the appeal and the second instance, because it is considered unjustified and disturbing a variety of regimes. In view of the promptness of judicial protection, in view of the seriousness of the proceedings and the judgement, it is stipulated that, in order to remedy decisions that do not terminate the proceedings, no appeal may be lodged and only to insist on the possible non-conformity of the appeal against the decision of first instance. Appeals against interlocutory decisions are therefore practically missing. And with the timely transitional provision, it is intended that this new system of appeals will be implemented as soon as possible.

The appeal is reaffirmed as a full judicial review of the appealed decision and, if this is a judgement that has lapsed at first instance, it is legally determined that the second instance does not constitute a retrial, in which all kinds of facts and arguments can be adduced or new claims made on the case. The content of the appeal judgement is regulated consistently, with particular attention to the unique consistency of that judgement.

Other provisions seek to increase the possibilities of correcting with guarantees of correctness any errors in the factual trial and, through various precepts, efforts are made to make the procedure simpler and to ensure that, in as many cases as possible, a second instance judgement on the merits is rendered.

It should be mentioned that this Law, which dispenses with the concept of adherence to the appeal, which creates misunderstandings, outlines and specifies the possible role of those who, in the light of the appeal of another party and being initially appealed, not only oppose the appeal but also challenge the order or sentence already appealed, asking for its revocation and replacement by another more favourable one.

The Act retains the separation between an immediate preparation of the appeal, which manifests the will to challenge, and the subsequent reasoned submission of the appeal. It does not seem appropriate to postpone the time when the firmness or maintenance of the litispendence can be known, with its corresponding effects, or to hasten the work of substantiating the appeal. However, for better processing, the procedural innovation is introduced by requiring the appellant to carry out the preparation and the procedure before the court which issues the contested decision, and the orders are then referred to the superior. The same applies to extraordinary remedies.

XIV

For the sake of full consistency with a real concern for the effectiveness of judicial guardianship and due attention to the problems that the Administration of Justice presents around the world, this Law aims to overcome an idea, not least vulgarly influential, of extraordinary remedies and, in particular, of cassation, understood, if not as a third instance, yes, very often, as the last necessary step, in many cases, towards the definition of law in the particular case.

Since this approach is unsustainable in reality and implies a certain degeneration or distortion of important procedural institutions, it is being general, in the countries of our own legal system and even in those with very diverse systems, a careful study and careful reflection on the role that the aforementioned resources and the organ or bodies that occupy the supreme position or positions in the judicial organization may play.

With the conviction that the reform of the justice system, at this point as in others, cannot and must not dispense with history, with particular idiosyncrasy and with the positive values of the legal system itself, the trend of reform that is considered right is that which tends to reduce and improve, at the same time, the degrees or instances of full prosecution of specific cases for the protection of the rights and legitimate interests of legal subjects, limiting, instead, the effort and the role of the higher courts in view of singular legal needs, which claim a legal work of special quality and authority.

For a long time, civil cassation has presented in Spain a situation that, as is generally recognized, is very undesirable, but at least easy to resolve with such a general degree of acceptance as its criticism. This Law has been based not only on impossibility, but also on the theoretical and practical error that would entail conceiving that the perfect cassation is the one from which no matter or second instance judgment is ruled out.

In addition to this being a completely unrealizable cassation in our society, it is neither necessary nor desirable, because it does not meet reasonable criteria of justice, that each contentious case, with the legitimate rights and interests of those who are still at stake, may go through three degrees of judicial prosecution, even the last of these trials being the limited and peculiar of cassation. It does not belong to our historical tradition nor does it constitute any constitutional requirement that the nomophilactic function of cassation be projected on any judgments or on any questions or matters.

No one has questioned, however, that the renewal of our civil justice system is carried out according to the positive values, solidly established, of the legal and jurisdictional system itself, without incurring the recklessness of discarding entire institutions and replacing them with new ones or pieces of legal and judicial models that are very different from ours. Thus, the appeal must be maintained in substance, with its own purpose and effects, but with an objective area consistent with the need, referred to above, for a particularly authoritative jurisprudence.

Amount limits alone are not a factor capable of reasonably and equitably setting that objective area. Nor does it seem opportune or satisfactory for those who are justiciable, who are eager for legal certainty and equal treatment, that the configuration of the new field of cassation, undoubtedly necessary for reasons and reasons that transcend cyclical elements, should be carried out by means of a casuistic selection of a few matters of "parisonal interest", if this element is left to an assessment of a very subjective nature.

This Law has operated with three elements to determine the scope of the cassation. Firstly, the purpose of not excluding from it any civil or commercial matter; secondly, the decision, not at all free of charge, as it will be said, to leave out of cassation the breaches of procedural laws; finally, the relevance of the function of creating authoritative jurisprudence. Because this is, if you like, an indirect function of cassation, but it is linked to the public interest inherent in that institute from its origins and which has persisted until today.

In a legal system such as ours, in which the precedent lacks binding force - attributed only to the law and to the other sources of objective law - it does not lack and must not lack any relevant interest for all the uniquely exemplary effectiveness of the doctrine linked to the precedent, not authoritarian, but endowed with unique legal authority.

Hence, the cassation interest, i.e. the transcendent interest to the parties to the proceedings that may be brought in the decision of an appeal for cassation, is objected to in this Act not only by means of a high-value parameter, but also by requiring that the cases brought by reason of the matter be resolved in violation of the substantive law, of course, but also against the jurisprudence of the Supreme Court (or, where appropriate, the High Courts of Justice) or on cases or issues in which there is contradictory jurisprudence of the Provincial Courts. It is also considered to be in cassational interest where the rules the infringement is alleged to be in force do not take longer than is reasonably foreseeable so that an authoritative jurisprudence on their application and interpretation may have been formed, except that such a doctrine on earlier rules of equal or similar content exists.

In this way, the need for an appeal is established with reasonable objectivity. This objective of the "parliamentary interest", which provides greater legal certainty for the justiciable and their lawyers, seems preferable to the method of attributing to the cassation court itself the choice of matters deserving its attention, as has been advocated by some instances. Among other things, objectivity eliminates the risks of mistrust and disagreement with the decisions of the court.

A new system of provisional enforcement is in place, and the Act does not consider it necessary or appropriate to generalize the requirement of deposit for access to appeal (or extraordinary appeal for violation of procedural law). The prior deposit, in addition to representing a factor of increase of the justice system, of unequal impact on the judicial system, raises, among others, the problem of its possible transformation into an obstacle to the exercise of the fundamental right to effective judicial protection, in accordance with the principle of equality. The provisional enforcement of judgments of first and second instance seems sufficient deterrent to reckless appeals or merely delaying intent.

The system of extraordinary remedies is completed by entrusting procedural matters in any case to the Civil Chambers of the High Courts of Justice. The separation between the appeal and the extraordinary appeal for procedural offences must undoubtedly contribute to the seriousness with which they are alleged. In addition, this extraordinary remedy for procedural infringement extends and strengthens the ordinary judicial protection of fundamental procedural rights, the alleged violations of which have generated for more than a decade a large part of the litigation.

There is nothing heterodox, neither organic nor procedural, and even less, if possible, constitutionally, when two instances have already been consumed, to restrict the extraordinary appeal of cassation with logical rigour and to demand that anyone who is convinced that he has been harmed by serious procedural offences not simultaneously seek to review breaches of substantive law.

If one is convinced that there has been a serious procedural violation, which claims to be reintroduced to the state prior to that violation, there is no unreasonable imposition in the rule that excludes seeking at the same time a new sentence, rather than such a retrial. If the appeal for procedural infringement is considered, a new judgement must be handed down and if the latter is in breach of material or substantive law, the judgement may be appealed in cassation, as in the pre-law regime.

It is true that, in comparison with the treatment of the limited types of cases accessible to cassation under the 1881 Act and its numerous amendments, the appeal for cassation of this Act will no longer be able to seek annulment of the judgment appealed with reference to the instance and, at the same time, subsidiaryly, the replacement of the judgement of instance because it is not in conformity with substantive law. But, in addition to the fact that this new law contains better instruments for the procedural correction of proceedings, it has been considered more in accordance with social needs, with all the legal institutes of our Order and with the very origin of the cassation institute, that a reasonable configuration of the competence burden of the Supreme Court is carried out by concentrating its activity on the substantive.

It should be borne in mind, moreover, that, under the 1881 Act, if an appeal was brought in cassation which would at the same time lead to a breach of the form and offences relating to the judgment, it was examined and decided first on the alleged breach of form and if the appeal was deemed to be based on that concept, the orders were forwarded to the Court of Appeal for a new judgement, which, in turn, could or could not be the subject of a reappeal of cassation, for “infringement of law”, for breach of the essential forms of the trial” or for both. Nothing substantially different, with new mechanisms for speeding up proceedings, is provided for in this Act in the event that, in respect of the same judgement, different litigants choose, each of them, a different extraordinary remedy.

The system of extraordinary remedies established in this Law is perhaps, at the sole point of the option between cassation and extraordinary appeal for procedural infringement, less "generous" than the previous cassation with the deceased litigants and their attorneys and lawyers, but it is no less "generous" with the totality of the justiciables and, as has just been pointed out, the option for a cassation limited to the substantive thing has been assumed taking into account all the legal institutes of guardianship provided for in our system.

The fact that under the Article 24 of the Constitutionhave legal remedies for amparo - the vast majority of them - on many procedural issues. These procedural issues are, at the same time, “constitutional guarantees” from the point of view of Article 123 of the Constitution. In the light of Articles 161.1(b) and 53.2 thereof, Constitutional textit seems constitutionally unworkable to remove from the Constitutional Court all matters covered by article 24 of our fundamental rule, the doctrine of the Constitutional Court must be adhered to. Thus, according to our fundamental rule, there is a unique and supreme body of normative interpretation in many procedural matters. For others, as will be seen, the so-called remedy is completely remodelled in the interest of the law.

Appeals for amparo on the ground of Article 24 of the Constitution have been able to extend considerably, so far, the time horizon of an irrevocable sentence, already excessively prolonged in ordinary jurisdiction under the 1881 Law and its subsequent reforms. These remedies are based on violations of human rights and fundamental freedoms. Article 24 of the Constitution The extraordinary appeal for procedural infringement is no longer admissible if the special appeal for procedural infringement has not been tried in each case.

On the other hand, with this system of extraordinary remedies, the possibility of friction or clash between the Supreme Court and the Constitutional Court is considerably reduced. This demarcation is not an inspirational principle of the system of extraordinary resources, but it is a totally contemptible criterion, with a beneficial effect. Because the respectful observance of the constitutional court's caveat in respect of "constitutional guarantees" can and should be harmonized with the position of the Supreme Court, a general position of superiority that the Article 123 of the Constitution it attributes to the High Supreme Court with the same clarity and emphasis as the above-mentioned exception.

An appeal to the Supreme Court may be lodged in summary with these two objects:

1. or the judgements handed down by the Provincial High Courts in the field of fundamental rights, except those Article 24 of the Constitutionwhere they violate applicable legal rules to resolve the issues involved in the proceedings; 2. or the judgements handed down in second instance by the Provincial High Courts, provided that they are in similar violation of substantive rules and, in addition, the appeal presents a transcendent interest in the protection of the rights and legitimate interests of specific justiciables, established in the manner that has been said.

Since civil matters relating to fundamental rights could in any case be referred to the Constitutional Court, it might be understood that their access to cassation to the Supreme Court was in excess. This being a criterion worthy of careful consideration, the Act has opted, as has just been said, for a contrary provision.

The reasons for this option are several and diverse. On the one hand, the cases in question do not constitute a serious jurisdictional burden. It was also considered appropriate to establish the possibility of a appeal on points of law in this matter from the very moment of its constitution, without any disagreement or reluctance on this plan, consistent, not only with the purpose of this law in the sense of not excluding from the cassation any civil matter - and of course the rights inherent in the personality, which are most constitutionalized - but also with the idea that the Supreme Court is also, in a very different way, a Judge of the Supreme Court. the Constitution, as well as the other ordinary courts. Moreover, the subsidiarity of the application for amparo before the Constitutional Court could not fail to gravitate in the trance of this legislative option. And it is not negligible, therefore, that the effect on all appeals, including extraordinary ones, is likely to be exercised by the new regime of provisional execution, from which sentences of conviction in matters of fundamental rights, in which pecuniary condemnations are not infrequent, are not excluded in principle.

For its part, the above-mentioned extraordinary appeal for a procedural offence, before the Civil and Criminal Chambers of the High Courts of Justice, proceeds against judgements of the Provincial High Courts in matters of particular importance and, in general, in so far as it may be considered a violation of the fundamental rights enshrined in the Convention. Article 24 of the Constitution.

XV

Finally, as a closing point and in respect of procedural matters not attributed to the Constitutional Court, the appeal in the interest of the law is maintained before the Civil Chamber of the Supreme Court, a remedy designed for the desirable judicial unit, but configured in a very different way from the current one, for cases of divergent final judgements of the Civil and Criminal Chambers of the High Courts of Justice.

They are entitled to promote this activity, not only the Public Prosecutor's Office, but also the Ombudsman and legal persons under public law who demonstrate a legitimate interest in the existence of jurisprudence on the issue or procedural issues raised in the appeal. This is not, of course, an appeal in its own sense, since the judgment to be handed down will not revoke another non-significant judgment (or terminate the final one), but it is decided to retain this name, in the interests of what results, by precedents, more expressive and communicative.

The appeal in the interest of the law, in addition to supplementing the possibilities of creating a case-law doctrine that is uniquely authorized, since it is the case of the Supreme Court, does not leave the procedural issues excluded from the work of the High Court, until there is a collision with the remedy of amparo that falls within the competence of the Constitutional Court. On the contrary, the competence, effort and interest of the legitimates ensure that the Supreme Court, constitutionally superior in all orders, but not called by our Constitution to know all kinds of matters, of course, will have to continue to deal with important procedural issues.

Among the judgements rendered by the Supreme Court under this instrument and the judgements rendered by the Constitutional Court in its own sphere, there will be no lack of jurisprudence to guide the application and interpretation of procedural rules in terms of legal certainty and equality, compatible and harmonious with the freedom of prosecution proper to our system and with the timely evolution of jurisprudence.

At this point, and in order to conclude the question of extraordinary remedies, it seems appropriate to recall that, precisely in our legal system, case law or precedent has practical relevance because of its exemplary authority and force, but not because of its binding force. This authority, born of the quality of the decision, its justification and its careful expression, is also being revealed as the most important in the legal systems of the so-called “case law”. And it has been and will remain the only one attributable, beyond the specific case, to the judgements handed down in cassation.

For all these reasons, to disregard the decisions of the Supreme Court in so far as they lack direct effect on other judgments or on the rights of certain legal subjects would not be consistent with the value always attributed in our system to the jurisprudence or in accordance with the most rigorous iuscomparatistic studies and with the modern trends, previously mentioned, on the role of the judicial bodies located at the top or top of the administration of justice.

XVI

The regulation of provisional execution is perhaps one of the main innovations of this legal text. The new Civil Procedure Act It represents a decisive option for trust in the administration of justice and for the importance of its delivery in first instance and, consequently, considers provisionally enforceable, with reasonable temperaments and exceptions, sentences handed down in that judicial capacity.

Provisional execution will be feasible without the need to provide security or security, even if a regime opposing such enforcement is established on the one hand, and on the other, clear rules for the various cases of revocation of provisionally executed decisions, which are not limited to rhetorical proclamation of liability for damages, referring to the relevant ordinary process, but allow for their levying by the means of coercion.

The court shall, upon application for provisional execution, deliver the sentence unless the sentence is one of the inexecutable or does not contain a sentence. And, upon release of provisional execution, the convicted person may, in any event, oppose it if he understands that the above-mentioned legal budgets do not exist. But the genuine opposition envisaged is different depending on whether it is a money conviction or a non-money sentence. In the latter case, the opposition may be based on the fact that it is impossible or extremely difficult, depending on the nature of the executive proceedings, to restore the situation prior to provisional execution or to compensate the person executed by way of compensation for the damages caused to him, if the sentence is revoked.

If the conviction is money, opposition to provisional execution as a whole is not allowed, but only to those specific executive actions of the coercion procedure that may cause an absolutely impossible situation to restore or to compensate financially through damages. The basis of this opposition to specific executive measures is therefore the same as that of the opposition to the execution of non-pecuniary sentences: the probable irreversibility of the situations caused by provisional execution and the impossibility of fair financial compensation, if the sentence is revoked.

In the case of provisional execution for monetary conviction, the Act requires a person opposing specific executive actions to indicate feasible alternative measures, as well as to provide sufficient security to respond to the delay in execution, if alternative measures are not accepted by the court and the determination of monetary conviction will be subsequently confirmed. If no alternative measures are offered and no security is provided, the opposition will not proceed.

It is undeniable that establishing as a rule such provisional execution of monetary sentences entails the danger that those who have benefited from it will not then be able to return what they have received, if the provisionally executed sentence is revoked. With the 1881 Act and its reforms, the security required of the applicant eliminated this danger, but at the cost of over-closing provisional execution, leaving it only to those with liquid economic resources. And at the expense of other diverse and non-small risks: the risk of the creditor's delay in seeing its claim satisfied and the risk that the debtor convicted would have the time of the second instance and an extraordinary remedy to prepare to evade its liability.

Under the system of this Act, there is, of course, a danger that the provisional performer will have taken over and then become insolvent, but, on the one hand, this danger may be minimal in many cases in respect of those who have a provisional enforceable sentence in their favour. Moreover, as has already been said, the Act does not refer to a declaratory process for financial compensation in the event of revocation of the provisional execution, but to the procedure for the coercion, before the same body that has processed or is in the process of processing provisional enforced execution.

But the fundamental factor of the option of this Law, weighed by the dangers and risks contrasted, is the effectiveness of the judgments of first instance, which, while it is seen, do not fall with less substantial and procedural guarantees to conform to law than those constituted by the administrative procedure, within which the acts and decisions of the Public Administrations are dictated, immediately enforceable, except for the precautionary suspension that is requested of the Jurisdiction and granted by it.

This Act elects to rely on the courts of first instance, which are the basis, in all respects, of civil justice. With this Act, they must render sentences in principle immediately effective by way of provisional execution; not in principle platonic sentences, in principle ineffective, in which it almost always gravely neutralizes the decisions, an appeal and a second instance as events taken for granted.

Neither the available statistics nor the reality known by the experience of many professionals - judges, magistrates, lawyers, professors of law, etc. - justify a systematic, radical and general distrust of the so-called "First instance justice". And, on the other hand, if this justice of first instance were not made more effective and more accountable, there would be little alternative to a reform of the Civil Procedure Act in matters of detail, even if they were many and important.

In view of this radical change and the opposition to provisional enforcement, it seems appropriate to note that the court's decision on such opposition is no more difficult than that of a decision on the request for interim measures. The opposing factors to be weighed against opposition to provisional enforcement are not of greater difficulty than those to be taken into consideration when requesting precautionary measures.

These are institutions, both of which, being different, involve risks of error, but risks of even error and which can and should be assumed in order to ensure the effectiveness of judicial protection and the necessary protection of credit. Provisional enforcement is, of course, not a precautionary measure and usually involves effects of greater force and intensity than those of the precautionary measures. But in one case, in addition to a reasonable opposition, there is a sentence preceded by a process with all the guarantees and, in the other, only the "smoke of good law".

This new regime of provisional enforcement will certainly have far more direct benefits than unfair or unfair cases and will be very positive both the side effects of the radical innovation planned, and the reduction of resources in a purely dilatory spirit.

With this innovation, this Law aspires to a change of mentality in pacts and lawsuits. In the pacts, to agree with them in order to fulfill them; in the lawsuits, to confront them with the prospect of seriously assuming their results on a horizon much closer than is the usual one today. In short, this is a purpose not merely verbally intended to give seriousness to justice. It is not permissible to attribute many errors to the courts of first instance, an argument which, as has already been pointed out, is in contradiction with the reality of the confirmatory judgements in second instance. In addition, such a law must be drafted on the basis of serious judicial work, in all instances and extraordinary remedies and cannot be sustained by accepting as a starting point an alleged or actual lack of quality in such work, a defect which, in any case, no law could remedy.

XVII

With regard to enforced execution as such, this Act, unlike the 1881 Act, presents a clear and comprehensive unitary regulation. An execution process is designed to be suitable for what can be considered a genuine executive title, whether judicial or contractual, or a common enforcement or a mortgage guarantee, to which special attention is paid. But this substantial unity of enforcement must not prevent the particularities which, in not a few points, are entirely logical. Thus, in opposition to enforcement, the reasonable specialities depending on the judicial or non-judicial nature of the title or those which are necessary when enforcement is directed exclusively against mortgaged or pledged property.

No statutory enforcement regime can prevent or compensate for credit default, obviously prior to the process, or claim that all creditors will always be satisfied with all their claims. This Law does not purport to contain a new formula in that line of utopia. But it does contain a set of rules which, on the one hand, protect much more vigorously than hitherto the creditor whose right has sufficient legal record and, on the other hand, regulate situations and problems that have so far been barely taken into account or simply ignored legally.

The Act regulates in detail the parties and subjects involved in enforcement, as well as the jurisdiction, remedies and acts challenging specific executive decisions and actions - which should not be confused with opposition to enforced execution and the causes and procedural regime of opposition to enforcement and suspension of the enforcement process.

The incident of opposition to enforcement under the Act is common to all executions, with the only exception of those for the sole purpose of realizing a security right, which have its special regime. The opposition takes place within the same enforcement process and can only be based on assessed reasons, which are different depending on the judicial or non-judicial title.

In this area, it is absolutely new to establish a regime of possible opposition to the execution of judgments and judicial titles. As is well known, the 1881 Act was completely silent about the opposition to the execution of sentences, creating an undesirable situation of uncertainty about their very origin, as well as on admissible grounds of opposition and the handling of the incident.

Without impairing the effectiveness of these titles, desirable for many reasons, this Law takes into account reality and justice and allows opposition to the execution of sentences for the following reasons: payment or fulfillment of the order in the sentence, provided that it is documented; expiration of the executive action and existence of a pact or transaction between the parties to avoid execution, provided that the agreement or transaction is recorded in public document. As we can see, these are a few basic cases, which cannot be ignored, as if the execution of a final judgement could consist of automatic transactions and it would be rational to dispense with everything that could have happened between the time the judgement was delivered and became final and the time when enforcement was instituted.

Opposition to execution based on non-judicial titles is accepted for the following reasons: payment, which can be documented; compensation, provided that the claim opposed to that of the performer is liquid and results from a document that has executive force; plus petition; prescription or expiration of the right of the performer; removes, waits or agreement not to request, to record documentary evidence; and transaction, which is recorded in public document.

This is, as is easy to note, a list of opposition cases that are more numerous than the one allowed in the execution of judgments and other judicial titles, but not so broad that the opposition to enforcement becomes a dispute similar to that of a full declaratory trial, which could frustrate the judicial enforcement. Because this Act understands extrajudicial executive titles, not as a third gender between judgements and documents that serve only as evidence, but as genuine executive titles, that is, instruments that, because they possess certain characteristics, allow the law to consider them a reasonable basis for the certainty of a debt, for the purposes of the release of a true enforced execution.

The opposition to enforcement is therefore not, in the case of those who rely on extrajudicial executive titles, a kind of compensation for an alleged weakness of the title, but a demand for justice, as well as opposition to the enforcement of judgments or judicial or arbitral decisions. The difference in the extent of the grounds for opposition is based on the existence, or not, of an earlier proceeding. The documents to which very relevant procedural effects can be attributed, but it is not reasonable to consider them as executive titles, find, in this Law, within the order for payment process, their appropriate place.

Both for the enforcement of judgements and for non-judicial titles, there is also provision for opposition to procedural defects: failure to enforce the nature or representation with which the judgement is sought, lack of capacity or representation of the performer and radical nullity of the execution order.

The Act simplifies as much as possible the processing of opposition, whatever the type of title, by referring it, in general, to the provisions for the oral trial. Moreover, since opposition to execution is only opened for assessed reasons, the Act expressly provides that the order by which the opposition is resolved limits its effects to the execution process. If one thinks of declaratory proceedings subsequent to enforced execution, it is obvious that if it has been ordered by judgment, the force that it is attributable to it will have to operate.

It also regulates the suspension of execution on a general basis, except for foreclosure, which has its specific regime. The only grounds for suspension, in addition to that arising from the incident of opposition to enforcement based on non-judicial evidence, are: the filing and admission of an application for review or termination of a judgment rendered in absentia; the lodging of an appeal against an executive action which may result in damage of difficult reparation; the court case and the preliminary ruling.

With these rules, the Act establishes a balanced system that, on the one hand, allows effective protection of the right of the performing creditor, through a limited and assessed relationship of opposition and suspension causes, which does not detract from the effectiveness of the executive title, and, on the other hand, does not deprive the executed debtor of means of defence against the most serious cases of wrongfulness of enforcement.

In the area of money enforcement, the Act deals first and foremost with the seizure or confiscation of property and the guarantee of such property, depending on the different nature of what is the subject of this fundamental stage of executive judicial activity. The purpose of the embargo and its constituent acts, the criterion of its sufficiency - with the corresponding prohibition of the undetermined embargo - are defined and regulated, with systematic clarity and content, which cannot be seized at all or relatively, which, wrongly seized, must be disaffected as soon as possible, the extension or reduction of the embargo and the judicial administration as a tool for the affectation of property for the reasonable guarantee of the satisfaction of the performer.

It should be stressed that this Act establishes the obligation of the executed person to manifest his or her property, with his or her charges. The court, on its own motion, shall require you in the order in which you dismiss execution to fulfil this obligation, unless the performer, in the executive action, has indicated assets impoundable from the executed, that the same performer reports quite a lot. In order to give practical effect to this obligation of the person executed, apart from warning the debtor of the responsibilities that may be incurred, provision is made for periodic penalty payments to be imposed until the debtor duly responds to the request. This provision remedys one of the main defects of the Law of 1881, which was overly complacent with the debtor, by placing on the performer and the judge the burden of ascertaining the assets of the estate of the executed, without imposing on the latter any duty of collaboration.

But they do not begin and end with the manifestation of their property by the executed one the instruments to locate such assets for the purpose of execution. The Act provides that, at the request of the performer who has not been able to identify property or who has not found it in number and with such qualities as are sufficient for the proper purpose of execution, the court requires from public entities and legal and physical persons relevant data on property and rights that may be used to enable the executed person to face his or her responsibility. The performer will have to explain, even if succinctly, the relationship with the execution of the entities and persons that indicates as recipients of the requirements of collaboration, since it would not be reasonable for these legal forecasts to be used crookedly for generic and devoid of any foundation.

These investigative measures are not provided for in the Act as subsidiary to the manifestation of property, but, in the case of enforced execution which does not require a payment order, they can be agreed in the order that dismisses execution and be immediately implemented, which will also be done without hearing the executed person or expecting the notification of the order for release of execution to be effective, where there are grounds for believing that, in the event of delay, the success of the execution could be frustrated.

The third-party domain is no longer conceived as an ordinary process defining the domain and with the secondary effect of lifting the embargo on the object of the third-party property, but as an incident, strictly speaking, of the execution, aimed directly and exclusively at deciding whether the disaffection or the maintenance of the embargo should proceed. This is an option, recommended by the doctrine, which offers the advantage of not entailing a delay in the process of execution in respect of the corresponding property, a delay which, despite the greater simplicity of the ordinary processes of this Law, cannot be considered in the light of the double instance and without the new regime of provisional execution being able to constitute, in terms of the pending execution, an adequate response to this problem.

As for the third party of better right or preference, it is maintained in this Law, but with important innovations, such as the forecast of the entry of the performer or of his withdrawal from execution, as well as the third party's participation in the economic costs of a forced execution not promoted by him. Moreover, unlike the third-party domain, in the best law, a judgment of the court with a defining force of credit and its preference is necessary, even if this judgment does not prejudge other actions.

There are not few changes and, above all, the order and forecast that this Law introduces in the procedure of the urgency or stage of realization, prior to appraisal, of the goods affected to the execution, according to their different nature. In addition to filling numerous gaps, a single auction is established, with provisions aimed at achieving, as far as possible under market rules, a more satisfactory outcome for the performing debtor, while also seeking to reduce the economic cost.

Regardless of the improvements made in the regulation of auctions, the Act opens the way for the forced disposal of alternatives which, in certain circumstances, will allow for faster completion and better performance. Thus, agreements on performance between the performer and the executing party are regulated and the possibility for the judge, at the request of the performer or with his agreement, to agree that the property is disposed of by a specialized person or entity, outside the judicial auction.

The call for auctions, especially in real estate cases, is regulated in a way that is more indicative of the value of the property. The auctioning of real estate receives the unique legislative attention it deserves, with special care about registration and the protection of third parties. In relation to the subsistence and cancellation of charges, it has been chosen to maintain the system of subsistence of the pre-tax charges and cancellation of the subsequent charges, which is supplemented by deducting from the valuation the amount of the remaining charges to determine the value for which the properties are to be auctioned. This solution has the advantage that it ensures that the quantities offered at the auction, however small, will always benefit from outstanding execution, which would not always be achieved with the traditional clearance of charges.

Another important development in the area of forced real estate disposal relates to the regime of hearing and eventual eviction of occupants of properties that have been disposed of in an execution process. Nothing in this regard provided for the Act of 1881, which required bidders to make costly inquiries on their own, or to make their offers in conditions of absolute uncertainty as to whether or not they would find occupants; whether or not potential occupants would have the right to maintain their situation; and, finally, whether, even if the occupants did not have the right to retain possession of the property, it would be necessary or not to resort to a perhaps long and costly declaratory process to achieve eviction. All this, of course, did not contribute precisely to making the market for judicial auctions attractive or economically efficient.

This Law goes beyond the problem of the occupants, first of all, by ensuring that in the process of execution it can be known of its existence. This is the aim of the provision that, in the list of assets to be presented by the person executed, it should be indicated, in respect of the buildings, whether they are occupied and, where appropriate, by whom and by what title. On the other hand, it provides that the occupants must be informed of the existence of the execution of the occupant that it is reported through the manifestation of the property of the executed person or in any other way, giving them a period of ten days to submit to the enforcement court the titles justifying their situation. In addition, it is ordered that in the announcement of the auction the possessory situation of the property be expressed, in the possible detail, so that any bidders can evaluate the difficulties that a possible eviction would encounter.

Finally, a brief incident is regulated within the execution, which allows for the immediate eviction of those who may be considered occupants of mere fact or without sufficient title. Only the eviction of occupants who have justified having a title that may be sufficient to maintain possession will require recourse to the appropriate declaratory process. In this way, the Act provides a prudent and balanced response to the problem posed by occupants.

The administration for payment is also regulated more realistically, which acquires autonomy with respect to performance through forced alienation. On the whole, the precepts of this chapter IV of Book III of the Law take advantage of the great experience accumulated over the years in which, in the absence of precise rules many times, various real problems have been highlighted and solutions have been sought and proposals formulated with a good legal sense.

The Act devotes a special chapter to the particularities of enforcement of mortgaged or pledged property. On this point, the previous regime of foreclosure, characterized by the drastic limitation of the debtor's opposition to enforcement and of the cases of its suspension, is substantially maintained. The Constitutional Court has repeatedly held that this regime does not violate the Constitution and making substantial changes to it could seriously alter the mortgage credit market, which seems to be in no way advisable.

The new regulation on foreclosure of mortgaged or pledged assets is a step forward from the previous situation, since, firstly, it brings about the Civil Procedure Act the regulation of the procedures for the execution of claims secured by mortgage, which reinforces the judicial character of these executions, which has been discussed on occasion; secondly, the enforcement of claims with security rights is regulated in a uniform manner, eliminating the multiplicity of regulations currently in force; and finally, the current causes of suspension of enforcement are ordered more appropriately, distinguishing between those that constitute real cases of opposition to enforcement (extinction of the mortgage guarantee or credit and non-conformity with the balance claimed by the creditor), from the cases of third-party jurisdiction and pre-trial criminal law, although maintaining, in all cases, the restrictive character of the suspension of the proceedings.

Special mention must be made of the change concerning non-money enforcement. There was no doubt that regulation clearly exceeded from a wide range of points of view needed to be changed. This Act introduces the requirements and periodic penalty payments aimed at fulfilling the duties to do and not to do and thus departs considerably from the immediate inclination to monetary compensation expressed in the Act of 1881. However, excessive restraints are avoided, seeking a balance between the interest and justice of execution in its own terms, on the one hand and, on the other, respect for the will and realism of not being proactively engaged in achieving benefits to which the personal traits of voluntary fulfillment are inherent.

XVIII

With regard to precautionary measures, this Act regulates them in a unitary set of precepts, from which only those relating to the specific measures of certain special civil proceedings are excluded, for the reasons to be stated below. This overcomes a regrettable situation, characterized by few and insufficient regulations, dispersed in the 1881 Act and many other legal bodies.

The aforementioned set of precepts is not, however, the result of grouping together the regulation of precautionary measures that could be considered "classical", establishing their budgets and procedure. This law has chosen to set out clearly the general characteristics of the measures that may be necessary to prevent the effectiveness of a future judgment from being frustrated, outlining equally general budgets and requirements, so as to result in an open regime of precautionary measures and not a system of limited or closed numbers. But generality and amplitude are not vagueness, inconcretion or imprudence. The Act is based on sound and generally accepted doctrine and jurisprudence.

The "fumus boni iuris" or appearance of good law, the danger of procedural delay and the provision of security are, of course, essential factors for the adoption of precautionary measures. The instrumentality of the precautionary measures in respect of a judgment that may be granted specific protection and, therefore, the accessibility and provisionality of the measures are sufficiently guaranteed by appropriate rules. It is sought, with specific provisions, that interim measures should not be sought on their own, as an exclusive or primary purpose of the procedural activity. But it must be pointed out that their regime is established so that the justiciable have more vigorous measures than they could so far request. It is a question of making the measures effective in order not only to ensure that the sentence of conviction can be executed in some way, but also to prevent it from being illusory, in its own terms.

Although necessary to avoid the "periculum in mora", the precautionary measures do not cease to involve, as is known, other dangers and risks. So it is also necessary to regulate carefully, and this has been sought in this Law, the opposition to precautionary measures, their reasonable substitution, revision and modification, and possible countercautels or measures that neutralise or energize the precautionary measures, making them unnecessary or less burdensome.

Precautionary measures may be requested before the proceedings begin, together with the claim or pending litigation. As a rule, they are not adopted without prior contradiction, but it is expected that, in justified cases, they can be agreed without hearing the taxable person of the measure sought. In such cases, an immediate subsequent opposition is established. In the previous hearing or in the opposition, but also later, the countercautela that replaces the precautionary measure that is intended or has already been agreed may come into play.

In the face of any position in favour of attributing knowledge and determination of interim measures to a court other than the court competent for the main proceedings, the Act chooses not to separate jurisdiction, without prejudice to the fact that it does not involve submission, in respect of the proceedings, of the passive party to the proceedings concerning measures requested prior to the filing of the claim.

This option is not unaware of the risk that the decision on interim measures, before the application or already in the proceedings, will generate some prejudices or impressions in favour of or against the position of a party, which may influence the judgment. But, in addition to the fact that this risk also exists outside the scope of the precautionary measures, since prejudice could be generated at the pre-trial hearing or after the reading of a complaint and a response, this Law is based on a double consideration.

It considers that, on the one hand, all judges and magistrates are in a position to pass provisional impressions in order to proceed impartially to the successive claims of the parties and to comply, in the final analysis, with the established facts and with the law to be applied.

On the other hand, it is not lost sight of the fact that the precautionary measures must always be related to what is intended in the main proceedings and even to the vicissitudes and circumstances that may vary during their pendency, so that it is the body competent for that process that is in the best position to resolve, especially if consideration is given to the possibility of raising and modifying the measures or their replacement by a fair counter-cautela. All this, without having the least procedural complexity involved in not separating competition.

XIX

The Act sets out the special procedures that are essential.

Firstly, those who, with unequivocal and indisputable particularities, must act as channels for disputes in matters of capacity, filiation and marriage. This brings to the common procedural law, ending with a deplorable situation, what must be in it, but which has so far had to be traced or even deduced from superlatively dispersed, obscure and problematic provisions.

Secondly, the processes of judicial division of assets, the heading under which the judicial division of inheritance is regulated, and the new procedure for the liquidation of the matrimonial property regime, which will enable the resolution of such issues that have not been wanted or resolved without judicial contest. And finally, two processes in a certain way more novel than the previous ones: the judgment order and the foreign exchange process.

With regard to proceedings in which the operative principle does not govern or its influence must be nuanced by an indisputable public interest inherent in the procedural object, the Act does not merely codify, but, with full respect for the substantive rules, of which the process must be instrumental, design simple procedures and pay particular attention to the real problems shown by experience. It is noteworthy that the specific precautionary measures provided for and which, in the interests of the practical advantages of a combined and complete procedural regulation on these matters, are inserted in these special proceedings, rather than bringing them, in accordance with perhaps theoretically more perfect systematic criteria, to the general regulation of such measures.

For the judicial division of inheritance, the Law designs a procedure that is much simpler and less costly than the trial of the 1881 Law. In addition to this procedure, another procedure specifically designed to serve as a channel for the judicial liquidation of the matrimonial property regime is regulated, which responds to the imperative need for clear procedural regulation in this area, which has been repeatedly highlighted during the validity of the previous legislation.

With regard to the order for payment process, the Act trusts that, through this procedure, effective in several countries, the liquid money credit of many justiciables, especially of middle and small professionals and entrepreneurs, will be provided with prompt and effective protection.

In summary, this procedure is initiated by application, for which forms or forms may be used, addressed to the Court of First Instance of the debtor's domicile, without the need for the intervention of the prosecutor and lawyer. The key point of this process is that the request should provide documents on which it is a sound legal basis for the debt. The law establishes general and other specific or typical cases. It should be noted that the effectiveness of documents in the order for payment process is harmoniously complemented by the strengthening of the effectiveness of genuine extrajudicial executive titles.

If it is the documents that the law itself considers to be the basis of that appearance or if the court so understands, whoever appears to be a debtor is immediately placed before the option of paying or "giving reasons", so that if the debtor does not appear or opposes, it is sufficiently justified to release enforcement, as provided. On the other hand, if “reasons are given”, i.e. if the debtor objects, its discrepancy with the creditor is settled through the procedural channels of the relevant trial according to the amount of the debt claimed. This trial is understood as an ordinary and full trial and is therefore intended to be completed, in principle, by res judicata.

If the debtor does not appear or does not object, enforcement is ordered in accordance with the provisions of the judgments. In the context of this enforced execution, there is the limited opposition envisaged in its place, but with the particularity that the transition to an ordinary process is closed in which the same debt is claimed or the return of what may be obtained in the execution of the order. This closure of the possibilities of litigation is consistent and consistent with the dual opportunity of defence that the debtor has to offer and is necessary to make the order for payment procedure effective.

Finally, as regards the order for payment procedure, the Act does not ignore the reality of the regulations of other countries, in which this unique channel is not limited by the amount. But it has been considered more prudent, by introducing this instrument of jurisdictional protection into our civil procedural system, to limit the amount to a reasonable figure, which allows the processing of non-excessly high money claims, although exceeding the quantitative limit established for the oral trial.

The currency trial, for its part, is only the procedural channel that the credits documented in letters of exchange, cheques and promissory notes deserve. This is a unique jurisdictional protection, instrumental of the provisions of the special law on these legal traffic instruments. Effective protection of foreign exchange credit is ensured by the immediate freezing, which automatically becomes enforceable if the debtor does not object or if the debtor is dismissed. Apart from cases of estimation of opposition, the preventive detention can only be lifted in the face of a well-founded allegation of false signature or of an absolute lack of representation, thus establishing, in this Act, a system of judicial protection of foreign exchange credit of strictly equivalent effectiveness to that of the repealed legislation.

XX

The second and third additional provisions are intended, on the one hand, to make possible future updates and adjustments of amounts, including those determined by the full implementation of the euro and, on the other hand, the effective provision of new material means for the constancy of hearings, hearings and appearances.

With regard to the second additional provision, the retention of the amount in pesetas together with the amount in euro, in certain cases, is intended to facilitate the determination of the procedure to be followed in the first instance and the possibility of access to certain resources, avoiding having to convert into European currency the amounts contained in documents and records, perhaps long outside that currency, on which quantification must be based.

The transitional provisions provide, on the basis of rational criteria of easy understanding and application, for problems that may arise in relation to pending proceedings at the time of the entry into force of the Act, after the one-year vacation provided for in the corresponding final provision. The general criterion, which is being applied to the various cases, is that of the most rapid effectiveness of the new Act.

The derogation provision contains a large number of rules, as a result of the same nature of this Act and its efforts to avoid the simple general derogation clause, as provided for in the second paragraph of the Article 2 of the Civil Code. The simple dossier of the general clause is not only reprehensible from the point of view of legal technique and, in particular, of legislation, but often causes serious problems.

In its first paragraph, the derogation provision refers, first, to the same Civil Procedure Act of 1881, with the necessary temporary exceptions to the general derogation, in view of future laws regulating insolvency matters, voluntary jurisdiction and international legal cooperation in civil matters.

In addition, procedural precepts are repealed so far from some twenty different laws, as well as, among others, the Decree of 21 November 1952 on procedural rules of municipal justice, and the Decree-Law on the seizure of enterprises of 20 October 1969. On numerous occasions, these precepts are replaced by new rules in this Act. Other times, they integrate into it. In certain cases, they are modified by means of final provisions of various kinds, to which reference will be made immediately.

As far as the Civil Code, it should be stressed that, while the rules on evidence are deleted, those rules relating to documents which may be relevant, rather than minor, in legal traffic are retained. Some of these remaining precepts expressly mention the evidence, but, in addition to being not contradictory, but harmonious, with those of this Law, they must be understood to deal with extra-judicial certainty and effectiveness. The establishment of these rules has advised against abrogating them, without prejudice to the possibility that, in future, they may be improved.

As for the final provisions, some merely align the references of special laws with the Civil Procedure Act. Others, on the other hand, modify the wording of certain precepts in view of the innovations contained in this Law. This is the case, for example, with certain sections of article 15 and the first additional provision of the Law on the Long-Term Sale of Furniture Property. Introduced in our order the order of order and expressly provided in the law for debts due to periods of time not covered by the contracts regulated by that law, it seems obligatory that the virtuality consisting of carrying out, attributed to certain titles, must conform to the provisions for this law.

The amendment of article 11 of the Arbitration Act is required by the change in the procedural treatment of the jurisdiction operating under this Act. But it must also help to strengthen the effectiveness of the arbitral institution, since it will henceforth be possible for submission to arbitrators to be invoked within the judicial process in such a way that the court refrains from knowing at the beginning, and not at the end, of that process, as was the case as a result of the delaying exception to the allegation of commitment.

Reforms in the Mortgage Actstudied with singular care, they seek to co-honest the regulation of this Law with the greatest integrity and clarity of that law. Certain changes in labour and criminal procedural laws are also necessary, fully regulating abstention and disqualification in the relevant proceedings and some other specific extremes. In the law of criminal procedure, it is appropriate to amend the precept concerning days and working hours for judicial proceedings.

In line with this Act in order to facilitate the provision of security or the establishment of deposits, the additional provision of the Law on Civil Liability and Insurance in Motor Vehicle Movement is amended. What matters to the Administration of Justice, because of the legitimate rights and interests of many justiciables, is not that other justiciables have cash to spend on deposits and bonds, but that, in due course, certain sums of money can immediately be used for the purposes established by law.

PRELIMINARY TITLE

Procedural rules and their application

Article 1. Principle of procedural legality.

In civil proceedings, the courts and those before them must act in accordance with the provisions of this Act.

Article 2. Timely application of civil procedural rules.

Unless otherwise provided for in legal provisions of transitional law, matters falling within the jurisdiction of the civil courts shall always be dealt with by the civil courts in accordance with the procedural rules in force, which shall never be retroactive.

Article 3. Territorial scope of civil procedural rules.

With the only exceptions that may be provided for in international treaties and conventions, civil proceedings in the national territory shall be governed only by Spanish procedural rules.

Article 4. Alternate character of the Civil Procedure Act.

In the absence of provisions in the laws governing criminal, administrative, labour and military proceedings, the provisions of this Law shall apply to all of them.

BOOK I

General provisions relating to civil trials

TITLE I

Upon appearance and trial

Article 5. Classes of jurisdictional guardianship.

1. The courts may try to convict a certain benefit, to declare the existence of rights and legal situations, to establish, modify or terminate the latter, to execute, to take precautionary measures and any other kind of guardianship expressly provided for by law.

2. The claims referred to in the preceding paragraph shall be submitted to the court which is competent and to those subject to the intended decision.

CHAPTER I

Capacity to be a party, procedural capacity and standing

Article 6. Capacity to be a party.

1. The following may be a party to proceedings before the civil courts:

1.o Natural persons.

2. The unborn conceived, for all purposes favourable to him.

3. Legal persons.

4. Property estates or separate estates that temporarily lack the holder or the holder of which has been deprived of his powers of disposition and administration.

5o Entities without legal personality to which the law recognizes the capacity to be a party.

6. The Public Prosecutor ' s Office shall, in respect of proceedings in which it is required, under the law, to intervene as a party.

7.o Groups of consumers or users affected by a harmful event when the individuals who compose it are determined or are easily determinable. In order to sue, it will be necessary for the group to form itself with the majority of those affected.

8.o Entities empowered under European Community law to pursue the cessation action in defence of the collective interests and diffuse interests of consumers and users.

2. Without prejudice to the liability that may be owed by managers or members of the public under the law, in any event, entities which, having failed to meet the legally established requirements for their establishment as legal persons, are made up of a plurality of personal and property elements placed in the service of a particular purpose may be sued.

Point 8 is added to paragraph 1 by Article 1.1 of Law 39/2002 of 28 October. Ref. BOE-A-2002-20855

Article 7. Appearance in trial and representation.

1. All persons may be brought to trial.

2. Unemancipated minors shall be brought forward by means of representation, assistance or authorization required by law. In the case of persons with support measures for the exercise of their legal capacity, they shall be within their reach and content.

3. Persons who are conceived and unborn shall appear as legitimate representatives if they have already been born.

4. Legal persons shall be represented by those who legally represent them.

5. The separate estates or estates referred to in paragraph 4 of paragraph 1 of the preceding article shall be brought to trial by those who, in accordance with the law, administer them.

6. The entities without personality referred to in paragraph 5 of paragraph 1 of the preceding article shall be brought to trial by means of persons to whom the law, in each case, assigns the representation in judgment of such entities.

7. The persons without personality referred to in paragraph 7 or in paragraph 1 and paragraph 2 of the preceding Article shall be brought to trial if, in fact or under the agreement of the entity, they act on their behalf against third parties.

8. The limitations on the capacity of those who are in competition and the ways of filling them will be governed by the provisions of the Convention on the Rights of the Child. Law of the Court.

It is amended, with effect from 3 September 2021, by art. 4.1 of Law 8/2021 of 2 June. Ref. BOE-A-2021-9233

Paragraph 8 is added by final provision 3.1 of Law 22/2003 of 9 July. Ref. BOE-A-2003-13813

Article 7 bis. Adjustments for persons with disabilities and older persons.

1. In proceedings involving persons with disabilities and older persons upon request or, in any case, persons aged 80 or over, adjustments and adjustments shall be made as necessary to ensure their equal participation.

For this purpose, persons aged sixty-five or older shall be considered as older persons.

In the case of persons with disabilities, such adjustments and adjustments shall be made either at the request of either party or the Public Prosecutor ' s Office or ex officio by the court itself.

In the case of older persons below the age of 80, such adjustments and adjustments shall be made at the request of the person concerned.

In the case of persons aged 80 years or more, such adjustments and adjustments shall be made, both at the request of the person concerned and ex officio by the court itself.

Adaptations shall be made at all stages and procedural proceedings where necessary, including acts of communication, and may be related to communication, understanding and interaction with the environment.

2. Persons with disabilities, as well as older persons, have the right to understand and be understood in any action to be taken. To this end:

(a) All communications, oral or written, addressed to persons with disabilities, aged 80 or over, and to older persons who have requested them, shall be made in clear, simple and accessible language, in a manner that takes into account their personal characteristics and needs, using means such as easy reading. If necessary, the communication shall also be made to the person providing support to the person with disabilities for the exercise of his or her legal capacity.

(b) The necessary assistance or support shall be provided to the person with disabilities in order to be understood, including interpretation in legally recognized sign languages and means of support for the oral communication of deaf, hearing impaired and deaf-blind persons.

(c) The participation of an expert professional who, as facilitator, will perform adaptation and adjustment tasks necessary to enable the person with disabilities to understand and understand.

(d) Persons with disabilities and older persons may be accompanied by a person of their choice from the first contact with the authorities and officials.

3. All procedures, both at the declaratory and enforcement stages, in which one of the parties concerned is a person aged 80 years or over, as provided for in this Article, shall be of preferential treatment.

It is amended by art. 103.1 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is added, with effect from 3 September 2021, by art. 4.2 of Law 8/2021 of 2 June. Ref. BOE-A-2021-9233

Text added, published on 03/06/2021, in force from 03/09/2021.

Article 8. Integration of procedural capacity.

1. Where the natural person is in the case of paragraph 2 of the preceding article and there is no person legally representing or assisting the natural person in court, the Counsel of the Administration of Justice shall appoint him or her a legal counsel by decree, who shall assume his or her representation and defence until the person is appointed.

2. In the case referred to in the preceding subparagraph and in the other cases where the defendant is to be appointed as a legal counsel, the Public Prosecutor ' s Office shall assume the representation and defence of the defendant until the appointment of the defendant.

In any event, the proceedings will be suspended until the intervention of the Public Prosecutor ' s Office has been recorded.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by final provision 3.1 of Law 15/2015 of 2 July. Ref. BOE-A-2015-7391.

Article 9. A self-employed assessment of the lack of capacity.

The lack of capacity to be a party and the lack of procedural capacity may be assessed ex officio by the court at any time during the proceedings.

Article 10. Legality of the procedural part.

Those who appear and act at trial as holders of the legal relationship or object of litigation shall be considered legitimate parties.

Except for cases where legalization is granted by law to a person other than the holder.

Article 11. Legitimacy for the defence of consumer and user rights and interests.

1. Without prejudice to the individual legitimacy of the injured parties, legally constituted consumer and user associations shall be entitled to defend in court the rights and interests of their associates and those of the association, as well as the general interests of consumers and users.

2. Where the injured party is a group of consumers or users whose components are either perfectly determined or easily identifiable, the right to seek protection of those collective interests belongs to the consumer and user associations, to the legally constituted entities whose purpose is to defend or protect them, and to the groups concerned themselves.

3. Where the injured party is a plurality of consumers or users which is indeterminate or difficult to determine, the right to sue for the defence of these diffuse interests shall be the sole responsibility of consumer and user associations which, in accordance with the Act, are representative.

4. The entities authorized under Article 6.1.8 shall be entitled to the exercise of the cessation action for the defence of the collective interests and the diffuse interests of consumers and users.

The Judges and Tribunals shall accept that list as evidence of the capacity of the entity entitled to become a party, without prejudice to examining whether the purpose of the list and the interests concerned legitimize the exercise of the action.

5. The Public Prosecutor ' s Office shall be entitled to bring any action in defence of the interests of consumers and users.

Paragraph 4 is amended and paragraph 5 is added by additional provision 2 of Law 3/2014 of 27 March. Ref. BOE-A-2014-3329.

Paragraph 4 is added by Art. 1.2 of Law 39/2002 of 28 October. Ref. BOE-A-2002-20855

Article 11 bis. Legitimacy for the defence of the right to equal treatment and non-discrimination.

1. The Independent Authority for Equal Treatment and Non-Discrimination, in addition to the persons concerned and subject to their authorization, shall also be entitled to defend the right to equal treatment and non-discrimination, as well as, in relation to persons affiliated with or associated with them, political parties, trade unions, professional associations of self-employed workers, consumer and user organizations and legally constituted associations and organizations whose aims are the defence and promotion of human rights, in accordance with the provisions of the Comprehensive Act on Equal Treatment and Non-discrimination.

2. Where the persons concerned are an indeterminate or difficult to determine plurality, the legitimacy to institute legal proceedings in defence of diffuse rights or interests shall be vested in the Independent Authority for Equal Treatment and Non-Discrimination, political parties, trade unions and professional associations of more representative self-employed workers, as well as organizations of consumers and users at the State level, organizations, at the State level or in the territorial sphere where the situation of discrimination occurs, which have as their aims the defence and promotion of human rights, in accordance with the provisions of the Comprehensive Act for Equal Treatment and Non-discrimination, without prejudice in any case to the individual legitimization of those affected who are determined.

It is amended by final provision 2.1 of Law 15/2022 of 12 July. Ref. BOE-A-2022-11589

It is added by additional provision 5.1 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115

Added text, published 23/03/2007, in force from 24/03/2007.

Article 11 ter. Legitimacy for the defence of the right to equal treatment and non-discrimination on the basis of sexual orientation and identity, gender expression or sexual characteristics.

1. In order to defend the rights and interests of persons who are victims of discrimination on the grounds of sexual orientation and identity, gender expression or sexual characteristics, in addition to the persons concerned and subject to their express authorization, political parties, trade union organizations, business organizations, professional associations of self-employed persons, consumer and user associations and legally constituted associations and organizations shall also be entitled to defend and promote the rights of lesbian, gay, bisexual, transgender and intersex persons or their families, in accordance with the provisions of the Law for the Real and Effective Equality of Trans Persons and for the Guarantee of the Rights of LGBTI Persons.

2. Where the persons concerned are an indeterminate or difficult to determine plurality, the right to sue for the defence of these diffuse interests shall be solely for public bodies with competence in this field, political parties, trade union organizations, business organizations, professional associations of self-employed persons, consumer and user associations and legally constituted associations and organizations whose purpose is to defend and promote the rights of lesbian, gay, bisexual, trans and intersex persons or their families.

3. The person harassed shall be the only legal person in disputes concerning discriminatory harassment on the basis of sexual orientation and identity, gender expression or sexual characteristics.

It is added by final provision 5.1 of Law 4/2023 of 28 February. Ref. BOE-A-2023-5366

Text added, published on 01/03/2023, in force from 02/03/2023.

Article 11c. Legitimacy for the defence of the rights and interests of self-employed or self-employed workers of art and culture.

1. Associations of legally constituted artistic and cultural professionals whose purpose is their defence and protection shall be entitled to defend in court the rights and interests of their associates and those of the association, as well as the general interests of self-employed or self-employed workers in the arts and culture, provided that they have their authorization. Federations, confederations and unions formed by these associations shall also enjoy the same legitimacy.

2. Where the self-employed or self-employed in the art and culture concerned are an undetermined plurality or of difficult determination, the right to sue for the defence of these diffuse interests shall be solely for the professional entities referred to in the preceding paragraph.

3. The Public Prosecutor ' s Office shall be entitled to pursue any action in defence of the interests of self-employed or self-employed workers in the arts and culture.

It is added by art. 103.2 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This article enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Text added, published on 20/12/2023, in force from 20/03/2024.

CHAPTER II

Of the plurality of parts

Article 12. Joinder of parties.

1. A number of persons, either as plaintiffs or as defendants, may be brought to trial if the actions in question come from the same title or cause to request.

2. Where, on the basis of what is the subject of the trial, the judicial protection sought can only be effective against a number of jointly considered subjects, all of them must be sued, as litisconsorts, unless the law expressly provides otherwise.

Article 13. Intervention by subjects originally neither plaintiffs nor defendants.

1. While proceedings are pending, he may be admitted as a plaintiff or defendant, who proves that he has a direct and legitimate interest in the outcome of the proceedings. In particular, any consumer or user may intervene in the proceedings instituted by legally recognised entities to defend their interests.

2. The application for intervention shall not suspend the course of the procedure. The court shall rule by order, after hearing the parties in person, within a common period of 10 days.

3. If the intervention is granted, the proceedings shall not be withdrawn, but the intervener shall be considered a party to the proceedings for all purposes and may defend the claims made by his litisconsort or those which the intervener himself makes, if he has a procedural opportunity to do so, even if his litisconsort resigns, withdraws from the proceedings or withdraws from the proceedings for any other reason.

The intervener shall also be permitted to make the necessary arguments for his defence, which he has not made because of procedural moments prior to his admission to the proceedings. In any event, the case shall be referred to the other parties for a period of five days.

The intervener may also avail himself of the remedies available to him against decisions which he considers prejudicial to his interest, even if they are consented to by his litisconsort.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.1 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 14. Intervention provoked.

1. In the event that the law allows the plaintiff to call a third party to intervene in the proceedings without the quality of the defendant, the application for intervention shall be made in the application, unless the law expressly provides otherwise. Admitted by the court to the third party ' s entry into the proceedings, the third party shall have the same powers of action as the law grants to the parties.

2. Where the law allows the defendant to call a third party to intervene in the proceedings, the following rules shall apply:

1.a The defendant shall request from the court that the third party be notified of the delay of the trial. The application must be submitted within the time limit allowed to respond to the application.

2.a The lawyer of the Administration of Justice shall order the interruption of the time limit for replying to the application with effect from the day on which the application was filed, and shall agree to hear the applicant within 10 days, by order of the court.

3.a The time allowed to the respondent to respond to the application shall resume with the notice to the defendant of the rejection of his request or, if deemed, with the transfer of the defence letter submitted by the third party and, in any event, upon the expiry of the time limit granted to the latter to respond to the claim.

4.a If the third party appears, the respondent considers that his place in the proceedings must be occupied by the third party, he shall proceed in accordance with article 18.

5.a If the third party is acquitted in the judgment, costs may be imposed on the person who applied for intervention in accordance with the general criteria of article 394.

Paragraph 2 is amended by the sole article 1 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.2 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 15. Publicity and intervention in processes for the protection of collective and diffuse consumer and user rights and interests.

1. In proceedings promoted by associations or entities constituted for the protection of the rights and interests of consumers and users, or by groups of affected persons, the process shall be called upon to assert their individual right or interest by having been affected by the product or users of the service that gave rise to the process. This appeal will be made by the Legal Aid Office by publishing the admission of the application in the media with dissemination in the territorial area in which the injury of those rights or interests has been manifested.

The Public Prosecutor ' s Office shall be a party to these proceedings where the social interest so warrants. The court hearing any of these proceedings shall inform the Public Prosecutor ' s Office of the initiation of the proceedings in order to assess the possibility of his or her being held.

2. In the case of a proceeding in which the injured party is determined or easily identifiable, the plaintiff or plaintiff must have previously notified all interested parties of his intention to bring the claim. In this case, after the appeal, the consumer or user may intervene in the proceedings at any time, but may only carry out procedural acts which have not been prescribed.

3. In the case of a proceeding in which the harmful act harms a plurality of persons who are indeterminate or of difficult determination, the appeal shall suspend the proceedings for a period not exceeding two months and which the Legal Aid Service shall determine in each case in the light of the circumstances or complexity of the case and of the difficulties in determining and locating the injured persons. The process will resume with the intervention of all consumers who have come to the appeal, not admitting the individual personation of consumers or users at a later time, without prejudice to the latter being able to assert their rights or interests in accordance with the provisions of articles 221 and 519 of this law.

4. Except as provided in the preceding paragraphs, proceedings initiated by the exercise of an injunction to defend the collective interests and the diffuse interests of consumers and users are excluded.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

A subparagraph is added to paragraph 1 by final provision 1 of Law 29/2009 of 30 December. Ref. BOE-A-2009-21162

Please note that paragraphs 1, 2 and 3 enter into force on 4 May 2010, as drafted by Law 13/2009.

Paragraphs 1, 2 and 3 are amended by Article 15.3 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 4 is added by Art. 1.3 of Act No. 39/2002 of 28 October. Ref. BOE-A-2002-20855

Article 15 bis. Intervention in competition and data protection processes.

1. The European Commission, the National Commission on Markets and Competition and the competent bodies of the Autonomous Communities within their competence may intervene in competition and data protection proceedings, without being party, on their own initiative or at the request of the judicial body, by providing information or submitting written observations on questions relating to the application of Articles 101 and 102 of the Treaty. Treaty on the Functioning of the European Union or the Articles 1 and 2 of Law 15/2007 of 3 July, of Defense of Competition. They may also submit oral observations, with the permission of the relevant judicial body. To that end, they may request the competent court to forward to them or to send them all the documents necessary for an assessment of the case in question.

The provision of information shall not cover the data or documents obtained in the context of the circumstances under which the exemption or reduction in the amount of fines provided for in the Articles 65 and 66 of Act No. 15/2007 of 3 July 2007, of Defense of Competition.

2. The European Commission, the National Commission on Markets and Competition and the competent bodies of the Autonomous Communities shall provide the information or submit the observations provided for in the previous issue 10 days before the conclusion of the act of the trial referred to in Article 433 or within the time limit for opposition or challenge of the appeal.

3. The provisions of the preceding procedural paragraphs shall also apply where the European Commission, the Spanish Data Protection Agency and the autonomous data protection authorities, within their competence, consider their involvement in a process affecting questions relating to the implementation of the Convention to be necessary. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

It is amended by final provision 7 of Organic Law 3/2018, of 5 December. Ref. BOE-A-2018-16673

It is added by additional provision 2.1 of Law 15/2007 of 3 July. Ref. BOE-A-2007-12946

Text added, published on 04/07/2007, in force from 01/09/2007.

Article 15 ter. Publicity and intervention in proceedings to defend the right to equal treatment and non-discrimination.

1. In the processes promoted by the Independent Authority for Equal Treatment and Non-Discrimination, political parties, trade unions, professional associations of self-employed workers, consumer and user organizations and legally constituted associations and organizations, which have as their purpose the defence and promotion of human rights, those who have the status of persons affected by the situation of discrimination that gave rise to the process, shall be called to the process to assert their individual right or interest.

2. The judicial body dealing with any of these proceedings shall inform the Public Prosecutor ' s Office of its initiation so that, in accordance with its own functions, it may assess the possibility of his or her personation.

It is added by final provision 2.2 of Law 15/2022 of 12 July. Ref. BOE-A-2022-11589

Added text, published on 13/07/2022, in force from 14/07/2022.

Article 15c. Publicity and intervention in proceedings to defend the right to equal treatment and non-discrimination on the basis of sexual orientation and identity, gender expression or sexual characteristics.

1. In proceedings initiated by political parties, trade union organizations, professional associations of self-employed workers, consumer and user organizations and legally constituted associations and organizations, whose aims are to defend and promote the rights of lesbian, gay, transgender, bisexual and intersex persons and their families, those who have the status of persons affected by the situation of discrimination that gave rise to the process shall be called to the process to assert their individual right or interest. This appeal will be made by the Legal Counsel of the Justice Administration.

2. The Public Prosecutor ' s Office shall be a party to these proceedings where the social interest so warrants. The court hearing any of these proceedings shall inform the Public Prosecutor ' s Office of the initiation of the proceedings in order to assess the possibility of his or her personation.

3. In the case of proceedings in which the persons affected by the situation of discrimination are determined or easily identifiable, the applicant or plaintiff must have previously notified all interested parties of his or her intention to file the complaint. In this case, after the appeal, the person concerned may intervene in the proceedings at any time, but may only carry out procedural acts which have not been prescribed.

4. In the case of a process in which the situation of discrimination harms a plurality of persons who are indeterminate or difficult to determine, the appeal shall suspend the proceedings for a period not exceeding two months and which the Legal Aid Service shall determine in each case in the light of the circumstances or complexity of the case and of the difficulties in determining and locating the persons concerned. The proceedings shall be resumed with the intervention of all those who have responded to the appeal, and the individual personation of the persons concerned shall not be admitted at a later stage, without prejudice to the fact that the persons concerned may assert their rights or interests in accordance with articles 221 and 519.

It is added by final provision 5.2 of Law 4/2023 of 28 February. Ref. BOE-A-2023-5366

Text added, published on 01/03/2023, in force from 02/03/2023.

CHAPTER III

Procedural succession

Article 16. Succession to the trial by death.

1. When mortis is transmitted causes what is the subject of the trial, the person or persons who succeed the deceased may continue to hold the same position in that trial for all purposes.

When the death of any litigant for whom he is to be succeeded has been communicated, the Counsel of the Administration of Justice shall agree to suspend the proceedings and shall refer the other parties. Where the death and the title of succession have been accredited and the relevant formalities have been completed, the Counsel of the Administration of Justice shall, where appropriate, be held by the successor on behalf of the deceased litigant, having regard to the Court in its judgment.

2. Where the death of a litigant is recorded to the court hearing the case and the successor is not brought before it within five days, the Legal Aid Board of the Administration of Justice shall, by means of an order, allow the other parties to request, with identification of the successors and of their domicile or residence, that they be notified of the existence of the proceedings, by summoning them to appear within ten days.

In the same decision of the Lawyer of the Administration of Justice agreeing to the notification, it shall be agreed that the proceedings shall be suspended until the successors appear or the time limit for the appearance of the case is completed.

3. Where the deceased litigator is the defendant and the other parties do not know the successors or the successors cannot be located or do not wish to appear, the proceedings shall continue, the defendant ' s default being declared by the Legal Counsel.

If the deceased litigant is the plaintiff and his successors are not persons under any of the first two circumstances set forth in the preceding paragraph, a decree shall be issued by the Counsel of the Administration of Justice ordering the filing of the proceedings, on the basis of which the plaintiff is dismissed, unless the defendant objects, in which case the third paragraph of Article 20 shall apply. If the non-personation of the successors is due to their unwillingness to appear, the applicant shall be deemed to have waived the action.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.4 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 17. Succession by transmission of the disputed object.

1. Where a trial has been transmitted, pending, whatever is the subject of the trial, the acquirer may, attesting the transmission, request that it be held as a party in the position of the transferor. The Counsel of the Administration of Justice shall order the suspension of the proceedings and shall grant the other party a period of 10 days to allege what is in his right.

If the latter does not object within that time limit, the Lawyer of the Administration of Justice shall, by decree, lift the suspension and order the acquirer to occupy at the trial the position of the transferee in it.

2. If, within the time limit granted in the preceding paragraph, the other party expresses its opposition to the entry into the proceedings of the acquirer, the court shall decide by order whatever it considers appropriate.

The claim shall not be granted if the party proves that it has rights or defences that, in relation to what is the subject of the trial, it can only assert against the transferring party, or a right to counterclaim, or that a counterclaim is pending, or if a change of party would make it notoriously difficult for the party to defend it.

Where the acquirer ' s claim is not granted, the transferor shall continue at trial, with the exception of private legal relations between the two.

3. The procedural succession resulting from the disposal of assets and rights in litigation proceedings shall be governed by the provisions of the Convention on the Rights of the Child. Law of the Court. In such cases, the other party may effectively oppose to the acquirer all rights and exceptions to the contestant.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.5 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 3 is added by final provision 3.2 of Law 22/2003 of 9 July. Ref. BOE-A-2003-13813

Article 18. Succession in cases of intervention.

In the case referred to in Article 14 (2) (a) of the application submitted by the defendant, the other parties shall be referred by the Legal Aid Service to allege what is in their right, for a period of five days, and the Court shall then decide by order, whichever is appropriate in order to the convenience or otherwise of the succession.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.6 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER IV

The power of disposition of the parties over the proceedings and their claims

Article 19. Right of disposition of litigants. Transaction and suspension.

1. litigants have the power to dispose of the subject matter of the trial and may waive, desist from the trial, proceed, submit to mediation, to any other appropriate means of dispute settlement or arbitration, and compromise on what is the subject of the trial, except where the law prohibits it or establishes limitations for reasons of general interest or for the benefit of a third party.

Such acts of disposition of litigants may not be carried out after the day has been fixed for the deliberation, vote and decision of the appeal.

2. If the parties seek a judicial settlement and the agreement or agreement they reach is in accordance with the provisions of the preceding paragraph, it shall be approved by the court hearing the dispute to which it is intended to terminate.

3. The acts referred to in the preceding paragraphs may be carried out, according to their nature, at any time at the first instance or at the appeal or at the execution of a judgment, without prejudice to the special rule for the appeal contained in the second subparagraph of paragraph 1.

4. Likewise, the parties may request the suspension of the proceedings, which shall be agreed by the Lawyer of the Administration of Justice by decree provided that it does not prejudice the general interest or the third party and that the period of suspension does not exceed sixty days.

5. At any time in the proceedings, the lawyer or lawyer of the Administration of Justice or the judge, judge or court may ask the parties to refer the dispute to mediation or to another appropriate means of dispute settlement, provided that they consider, by reasoned decision which may be oral, that circumstances exist which make it possible to resolve the dispute in that area and, in particular, in cases where it has not been possible to carry out the previous negotiating activity. Derivation shall require the consent of the parties, who may jointly request the suspension of the proceedings.

In proceedings involving older persons, as defined in article 7 bis, this circumstance shall be specifically assessed in order to promote the settlement of such cases through appropriate means of dispute settlement, with particular regard to safeguarding the principle of equality between the parties.

Paragraphs 1 and 3 are amended and Article 5 is added, with effect from 3 April 2025. 22.1 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by final provision 3.1 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

Paragraph 1 is amended by final provision 2.1 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Paragraph 4 is amended by Article 15.7 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Drafted paragraph 4 in accordance with the correction of errors published in BOE No. 90 of 14 April 2000. Ref. BOE-A-2000-7052

Article 20. Renunciation and withdrawal.

1. Where the actor expresses his or her renunciation of the action or the right on which his or her claim is based, the court shall render a judgement absolved of the defendant, unless the waiver is legally inadmissible. In this case, an order will be issued ordering the proceeding to proceed.

2. The plaintiff may unilaterally withdraw from the trial before the defendant is summoned to respond to the claim or summoned for trial. It may also unilaterally withdraw at any time when the defendant is in absentia.

3. Once the defendant has been placed, the notice of withdrawal shall be transmitted to him for a period of ten days.

If the defendant agrees to the withdrawal or does not object to it within the time limit set out in the preceding paragraph, the Lawyer of the Administration of Justice shall issue a decree agreeing to the dismissal and the actor may promote a new trial on the same subject matter.

If the defendant objects to the withdrawal, the judge shall decide what he deems appropriate.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.8 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 21. Break-in.

1. When the defendant is in full compliance with all claims of the actor, the court shall render a conviction in accordance with the request of the actor, but if the search is made in the form of a fraud of law or a waiver of the general interest or the injury of a third party, the order shall be rejected and the proceedings shall continue.

2. In the case of partial search, the court may, at the request of the applicant, immediately issue an order accepting the claims that have been the subject of the search. This will require that, because of the nature of these claims, a separate ruling is possible that does not prejudge the remaining unsettled issues, on which the proceedings will continue. This order shall be enforceable in accordance with the provisions of articles 517 et seq. of this Act.

3. If the search results from the undertaking with the effect of transaction provided for in Article 437(3) for eviction proceedings for failure to pay rent or due amounts, or due to legal or contractual expiry of the period, the decision approving the transaction shall declare that, if the time limit for eviction established in the transaction is not met, the transaction shall be terminated and that the launch shall be carried out without further formalities and without any notification to the sentenced person, on the day and time fixed in the summons if the date is later, or on the day and time indicated in the decision.

Paragraph 3 is added by Art. 2.1 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Article 22. Completion of the process by extra-process satisfaction or lack of object. Special case of evict enervation.

1. Where, because of circumstances arising from the application and counterclaim, there is no longer a legitimate interest in obtaining the judicial protection sought, since the claims of the actor and, where appropriate, of the reconvening defendant or for any other cause have been satisfied outside the proceedings, this circumstance shall be disclosed and, if the parties agree, the termination of the proceedings shall be ordered by the Counsel of the Administration of Justice, without any award of costs.

2. If either party maintains the subsistence of a legitimate interest, with a reasoned refusal that its claims or other arguments have been met in an extra-procedural manner, the Board of Justice shall, within 10 days, invite the parties to appear before the Court on that sole subject matter. After the appearance, the court shall decide by order, within 10 days, whether or not to continue the trial, imposing the costs of these proceedings on the person whose claim has been rejected.

In the event that the legitimate interest claimed is limited to the satisfaction of the costs caused, the lawyer of the Administration of Justice shall inform the court, which shall agree, after hearing the other party, to the termination of the proceedings, and may order the payment of the costs in accordance with the criteria set out in article 395 of this Law.

An appeal may be lodged against this order.

3. There will be no appeal against the order ordering the continuation of the trial. An appeal may be lodged against a person who agrees to terminate the appeal.

4. Proceedings for eviction of an urban or rustic estate for failure to pay the rent or amounts due by the tenant shall be terminated by a decree issued to that effect by the counsel of the Administration of Justice if, as required by Article 438(5), he pays the actor or makes available to him in the Court or notarly, within the time limit conferred in the order, the amount of the amounts claimed in the claim and the amount due at the time of such payment of the eviction. If the plaintiff objects to the enervation because the above requirements are not met, the parties shall be summoned to the hearing provided for in article 443 of this Law, after which the judge shall issue a judgment declaring the action to be bogged down or, in another case, shall consider the claim having the effect of evicting.

The provisions of the preceding paragraph shall not apply where the lessee has been prevented from evicting the lessee on an earlier occasion, except that the collection had not taken place for reasons attributable to the lessor, or where the lessee had required payment from the lessee by any reliable means at least thirty days before the submission of the claim and the payment had not been made at the time of such submission.

5. The decision declaring the eviction action bogged down shall order the lessee to pay the costs due, unless the rents and amounts due had not been collected for reasons attributable to the lessor.

6. In eviction proceedings for failure to pay rents or amounts due from Article 250.1.1.o, where it is established that the lessee is in a situation of economic vulnerability in the terms legally provided for, and does not apply in the case provided for in the Article 2.1 of Royal Decree-Law 29/2026 of 6 Octoberproviding for urgent measures for the protection of the social function of housing and the expansion of the supply of affordable housing, if the competent public administration does not offer an adequate alternative housing, it shall be obliged to avoid the action by paying to the lessor or by judicial appropriation all the amounts claimed and those accrued up to the time of payment or appropriation, as well as the procedural costs in favour of the plaintiff. The delay in payment to the applicant by the housing authority once agreed by the court shall entail the application of the relevant interest in accordance with the applicable law.

The situation of vulnerability is accredited, and this circumstance will be immediately communicated to the competent public administration, which will have a maximum and non-exhaustible period of two months from the notification to offer an adequate alternative accommodation or, in the absence of such an alternative, to make payment or appropriation.

During this period, the course of the procedure and, where appropriate, the launch shall be suspended.

Once payment or appropriation of all amounts due has been made within the time limit, the action shall be declared bogged down and the procedure terminated, and the lease agreement shall remain in force.

After the two-month period has elapsed without the provision of an adequate alternative housing and the full payment or appropriation has not taken place, the competent public administration will automatically be subrogated in the debtor position of the lessee, and there will be no place for the launch, the lease agreement remaining in force until its expiry as long as the economic vulnerability situation is maintained in the legally provided terms.

The enervation provided for in this paragraph shall be independent of that provided for in paragraph 4 and shall not count as previous enervation for the purposes of that paragraph or prevent the lessee from subsequently exercising, where appropriate, the ordinary enervation provided for therein.

The extraordinary enervation provided for in this paragraph may take place even if the lessor has made the reliable payment request provided for in paragraph 4.

The General State Administration shall compensate for the expenses incurred by the Autonomous Communities in application of this paragraph, with the exception of any interest that may accrue as a result of the delay in the performance of the obligation of enervation.

In the Autonomous Community of the Basque Country and in the Foral Community of Navarre, financial instrumentation shall be agreed bilaterally under their respective economic and financial regimes.

Paragraph 6 is added by Art. 5.2 of Royal Decree-Law 29/2026 of 6 October. Ref. BOE-A-2026-20823

The second transitional provision of the said Royal Decree-Law shall be taken into account for its application.

The addition of paragraph 6 by Resolution of 2 October 2026, which publishes the Agreement of the Congress of Deputies repealing Royal Decree-Law 26/2026 of 29 September, is hereby repealed. Ref. BOE-A-2026-20526

Paragraph 6 is added by Article 5.2 of Royal Decree-Law 26/2026 of 29 September. Ref. BOE-A-2026-20266

The second transitional provision of the said Royal Decree-Law shall be taken into account for its application.

Paragraph 2 is amended with effect from 3 April 2025 by Art. 22.2 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The first subparagraph of paragraph 4 is amended by Article 103.3 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 4 is amended by Article 2.1 of Law 4/2013 of 4 June. Ref. BOE-A-2013-5941.

Paragraph 4 is amended by Article 4.1 of Act No. 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraph 4 is amended and paragraph 5 is added by Article 2.2 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

It should be noted that paragraph 1 and the first subparagraph of paragraph 2 enter into force on 4 May 2010, as drafted by Law 13/2009.

Paragraph 1, the first subparagraph of paragraph 2 and the first subparagraph of paragraph 4 are amended by Article 15.9 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The second subparagraph of paragraph 4 is amended by final provision 3.1 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

CHAPTER V

Procedural representation and technical defence

Article 23. Prosecutor's intervention.

1. The attendance at trial shall be through a procurator, who shall be a law graduate, a law graduate or other university degree of equivalent degree, entitled to practise his profession in the court hearing the trial.

2. By way of derogation from the preceding paragraph, litigants may appear themselves:

1. In oral proceedings the determination of which has been made by reason of the amount and which does not exceed 2,000 euros, and for the initial request for the monitoring procedures, as provided for in this Law.

2. In universal trials, when the appearance is limited to the presentation of credit or rights, or to attend meetings.

3. In incidents involving challenges to decisions concerning free legal aid and when urgent measures are requested prior to trial.

3. A legally authorized procurator may appear in any type of proceedings without the need for a lawyer, when he or she does so for the sole purpose of hearing and receiving acts of communication and making non-personal appearances of those represented who have been requested by the Judge, Court or Counsel of the Administration of Justice. When carrying out such acts, it may not make any request. The simultaneous exercise of the profession of lawyer and prosecutor of the courts is incompatible.

4. In the cases established by law, it is the responsibility of the professionals involved in the process of communication and the performance of tasks of assistance and cooperation with the courts, as well as the material activities of the execution process that have been expressly delegated to them by the judge, judge or court, upon the request and informed consent of the person represented.

5. For the purpose of carrying out the acts of communication and the material activities specific to the execution that have been expressly delegated to them by the judge, judge or court, within the limits and in the established circumstances, they shall possess the capacity of certification and have the necessary credentials.

In the exercise of the functions referred to in this paragraph, and without prejudice to the possibility of replacement by another procurator under the provisions of the Organic Law of 6/1985 of 1 July of the Judiciary, they shall act in a personal and indelegable manner and their actions shall be subject to challenge before the counsel of the Administration of Justice in accordance with the procedure provided for in articles 452 and 453. An appeal for review may be lodged against the resolution of this challenge.

6. For the purposes of the conduct of the proceedings and other functions assigned to the procurators, the Bars of Attorneys shall organise the necessary services.

Paragraphs 4 and 5 are amended by Article 3 of April 2025. 22.3 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraphs 1 and 2 are amended and paragraphs 4 to 6 are added by Article 2 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2.1 is amended by Art. 1.1 of Law 4/2011 of 24 March. Ref. BOE-A-2011-5392.

Paragraph 3 is added by Art. 15.10 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 1 is amended by final provision 1 of Law 16/2006 of 26 May. Ref. BOE-A-2006-9294.

The amount referred to in paragraph 2 (1) by Annex I to Royal Decree 1417/2001 of 17 December is converted to EUR. Ref. BOE-A-2001-24625

Article 24. The attorney's seizure.

1. The power of the party to give its representation to the procurator may be conferred in any of the following ways:

(a) Electronic appearance, through an electronic courthouse, in the electronic register of judicial authorities, is approved.

(b) Before a notary or by personal appearance, whether in person or by electronic means, before the lawyer or lawyer of the Administration of Justice of any judicial office. In these cases, the electronic register of judicial authorities under the Ministry of the Presidency, Justice and Relations with the Courts shall be registered.

2. The award of a certificate for personal or electronic appearance must be made at the same time as the submission of the first letter or, where appropriate, before the first act, without the need for the procurator to attend the award. The procedural representation shall be accredited by automated consultation aimed at the data confirming the registration of the data in the Electronic Registry of Judicial Seizures, when the system so permits. In another case, it will be accredited by the certification of registration in the Electronic Registry of Judicial Seizures.

3. The authorities registered in the Electronic Register of Seizures of the General Administration of the State shall have effect on the judicial proceedings, provided that they comply with the provisions of this Law and that the technical requirements provided for in the Law regulating the uses of technology in the Administration of Justice and its regulatory or technical development are met.

It is amended by art. 103.4 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 3 of Act No. 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Please note that the forecasts concerning the electronic record of takeovers apud act will enter into force on 1 January 2017, as set out in final provision 12.2 of the said Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.11 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 25. General power and special power.

1. The general power of attorney for litigation shall empower the procurator to carry out validly, in the name of his or her authorized representative, all procedural acts normally included in the processing of such acts.

The power of attorney may, however, exclude from the general power matters and actions for which special power is not required by law. Exclusion must be expressly and unequivocally stated.

Procurators who represent a litigator who has the right to free legal aid may validly perform, on behalf of their representative, all the procedural acts normally covered in the processing of such acts.

2. Special powers will be required:

1. For the renunciation, the transaction, the withdrawal, the search, the submission to arbitration and the manifestations that may entail the termination of the process due to extra-process satisfaction or lack of object.

2. To exercise the powers that the power-governing authority would have excluded from the general power, as provided in the preceding subparagraph.

3. In all other cases where required by law.

A subparagraph is added to paragraph 1 and paragraph 3 is deleted, with effect from 3 April 2025, by Art. 22.5 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 26. Acceptance of power. Attorney's duties.

1. The acceptance of power is presumed by the fact of using it the solicitor.

2. Once power has been accepted, the procurator shall be obliged to:

1. To follow up the matter until he ceases to be represented by any of the cases set forth in article 30. It has the obligation to cooperate with the courts to remedy procedural defects and to carry out all actions necessary for the prompting and smooth conduct of the proceedings.

2. To transmit to the lawyer chosen by his client or by himself, when the power extends to this, all documents, background or instructions that are sent to him or can be acquired, doing whatever leads to the defense of the interests of his power, under the responsibility that the laws impose on the president.

Where the instructions or insufficient instructions have not been issued by the power of attorney, he shall do whatever the nature or nature of the matter requires.

3. To keep the power of attorney and counsel always informed of the course of the matter entrusted to him, and to make the second copies of all the decisions notified to him and of the documents and documents which are transmitted to him by the court or by the procurators of the other parties.

4. To transmit the pleadings of his power of attorney and counsel to the attorneys of the other parties in the manner provided for in Article 276.

5. To collect from the lawyer who ceases at the address of a case copies of the documents and documents and other records relating to that matter, for delivery to the person responsible for continuing the case or to the person empowered to do so.

6. To immediately inform the court of the impossibility of carrying out any action which it is entrusted with.

7. To pay all expenses incurred at his or her request, except for the fees of lawyers and experts, fees for the exercise of judicial authority and deposits necessary for the submission of appeals, unless the power has given him or her the funds necessary for its payment.

8. To the performance of acts of communication and other acts of cooperation with the Administration of Justice requested by its representative, or in the interests of the latter when so agreed in the course of the judicial proceedings by the lawyer or lawyer of the Administration of Justice, in accordance with the provisions of the procedural laws.

9. To apply to the courts and tribunals in which the profession is exercised, to the notification rooms and to the common services, during the period of the proceedings.

10. The performance of the enforcement proceedings provided for in this Act, when the person to whom he represents so requests and has been expressly delegated by the judge, judge or court, within the limits and in the cases established by law.

Paragraph 2 is amended with effect from 3 April 2025 by Art. 22.4 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Point 7 of paragraph 2 is amended by Article 4 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 8 of paragraph 2 are amended and Article 9 is added. 4.2 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Point 8 is added to paragraph 2 by Article 15.12 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 27. Substitute right to seizure.

In the absence of an express provision on the relationship between the power of attorney and the procurator, the rules laid down for the contract of mandate in the applicable civil law shall apply.

Article 28. Passive representation of the procurator.

1. As long as the power of attorney is in force, the procurator shall hear and sign the locations, summonses, requests and notices of all kinds, including those of judgments relating to his or her part, during the course of the case and until the sentence is executed, having the same force as if the power of attorney directly intervened in them without it being lawful for him or her to request that they be heard by him or her.

2. The procurator shall also receive, for the purposes of notification and time limits or terms, copies of the pleadings and documents which the procurators of the other parties give him in the manner provided for in article 276.

3. In all judicial buildings that are the seat of civil courts, there will be a service of receipt of notifications organized by the College of Attorneys. The receipt by that service of notifications and copies of letters and documents which are delivered by the procurators for transfer to those of the other parties shall take full effect. A copy of the copy to record the receipt shall state the number of copies delivered and the name of the procurators to whom they are intended.

4. Except as provided in the preceding paragraphs, transfers, locations, summonses and requirements provided by law are performed on litigants in person.

Article 29. Provision of funds.

1. The power of attorney is obliged to provide funds to the procurator, in accordance with the provisions of the applicable civil law for the mandate contract.

2. If, after a trial has been initiated, the power of attorney will not enable his attorney to continue with the funds necessary to carry him out, he may request that he be the one who is obliged to verify him.

This claim shall be deduced before the Court which is seized of the case. On the basis of that claim, the Legal Aid Service shall transmit to the power of attorney for a period of 10 days and the Legal Aid Service shall decide by decree what is appropriate, setting, where appropriate, the amount it deems necessary and the time limit within which it is to be surrendered, subject to a warning of urgency.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.13 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 30. Prosecutor's Cessation.

1. The procurator shall cease on his behalf:

1. By the express or tacit revocation of power, after the record is in the records. The power of attorney shall be tacitly revoked by the subsequent appointment of another prosecutor who has been present in the case.

If, in the latter case, the prosecutor who is acting at the trial raises a question as to the actual existence or validity of the representation attributed to him by the person seeking to replace him, after hearing the person or persons appearing as the grantor of the respective powers, the matter shall be settled by decree.

2. For voluntary resignation or for cessation of the profession or for suspension of the exercise of the profession. In the first two cases, the prosecutor shall be obliged to bring the matter to the attention of his or her power and of the Tribunal in advance and in a reliable manner. In the event of suspension, the relevant College of Attorneys shall inform the Tribunal.

As long as he does not prove his resignation or cessation in the file and is deemed to be a renouncer or a ceaser, the procurator may not abandon the representation of his proxy, in which he shall continue until the latter provides for the appointment of another within a period of ten days.

After the latter have not been appointed a new prosecutor, the Counsel of the Administration of Justice shall issue a decision in which he shall be definitively removed from the representation he had been holding.

3. The death of the power of attorney.

In the first case, the procurator shall be obliged to bring the act to the attention of the Tribunal, giving evidence of the death and, if he does not present new power of the heirs or successors of the deceased, the provisions of article 16 shall apply.

When the procurator dies, the Counsel of the Administration of Justice shall inform the power of attorney of the death, so that he may appoint a new procurator within 10 days.

4. The power of attorney shall be separated from the claim or opposition which it has made and, in any event, on the grounds that the matter has been terminated or the act for which the power has been granted has been carried out.

2. Where the power has been conferred by the legal representative of a legal person, the administrator of a separate estate or estate, or the person acting in court under the law representing an entity without personality, changes in the representation or administration of such legal persons, estate masses or separate estates, or entities without personality shall not extinguish the power of the procurator or give rise to new personation.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.14 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 31. Intervention by counsel.

1. The litigants shall be directed by lawyers authorized to practise their profession in the court hearing the case. No request may be made unless the lawyer ' s signature is maintained.

2. Except only:

1. The oral trials whose determination has been made on the basis of the amount and which does not exceed 2,000 euros, and the initial request for the monitoring procedures as provided for in this Law.

2. Written statements purporting to appear in court, to request urgent measures prior to the trial or to request the urgent suspension of hearings or proceedings. Where the suspension of hearings or proceedings sought is based on cases relating in particular to counsel, the lawyer must also sign the brief, if possible.

3. Written submissions which are intended to demonstrate to the judicial office or court the fulfilment of the material activities of the enforcement process that have been expressly delegated to the procurators by the judge, judge or court in accordance with the law, without prejudice to the obligation to inform the legal authority of their presentation of the proceedings.

Paragraph 2 is amended with effect from 3 April 2025 by Art. 22.6 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Section 2.1 is amended by Article 5 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 2.1 is amended by Art. 1.2 of Law 4/2011 of 24 March. Ref. BOE-A-2011-5392.

The amount referred to in paragraph 2 (1) by Annex I to Royal Decree 1417/2001 of 17 December is converted to EUR. Ref. BOE-A-2001-24625

Article 32. Non-prescriptive intervention by lawyer and attorney.

1. Where the intervention of a lawyer and a procurator is not mandatory, the plaintiff intends to appear on his own behalf and to be defended by a lawyer, or to be represented by a procurator, or to be assisted by both professionals at the same time, he shall so state in the application.

2. If the defendant also intends to use the lawyer and prosecutor, he shall notify the court within three days of the receipt of the notice of the application, and may also request, where appropriate, recognition of the right to free legal aid. In the latter case, the court may agree to stay the proceedings until such time as the right or provisional appointment of a lawyer and a procurator is recognized or denied.

3. The defendant shall also have the power to take part in the proceedings with the assistance of the professionals referred to in paragraph 1 of this Article, where the actor is not assisted by a lawyer or a procurator. The defendant shall inform the court of his decision within three days of being notified of the application, and the actor shall be aware of the fact. If the plaintiff wishes to use himself as a lawyer and a procurator, he shall inform the court within three days of receipt of the notification and, if he requests recognition of the right to free legal aid, the suspension may be agreed in accordance with the terms set out in the preceding paragraph.

4. In the notification informing a party of the intention of the opposing party to act as a lawyer and a procurator, the party shall be informed of their right under section 6.3 of the Free Legal Assistance Act, so that they may make the corresponding application.

5. Where the intervention of a lawyer and a procurator is not mandatory, any conviction on the costs of the party against whom the professionals had served shall exclude the rights and fees earned by them, unless the Court finds the public service of justice recklessness or abuse in the conduct of the sentenced person on costs or the domicile of the party represented and defended is in a judicial party other than that in which the trial was conducted, the limitations referred to in Article 394(3) of this Law being in operation in the latter case. In any event, rights accruing to the procurator as a result of actions of a purely optional nature that could have been carried out by the judicial offices shall also be excluded.

In the case where, although the intervention of a lawyer or a procurator or a procurator is not mandatory, the consumer chooses to avail himself of these professionals to sue after having made a prior extrajudicial complaint, the cost assessment shall include the attorney's account and the lawyer's minute, in the latter case without the limit set out in article 394.3.

Paragraph 5 is amended by Article 3 of April 2025. 22.7 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 5 is amended by Art. 15.15 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 33. Designation of attorney and attorney.

1. Apart from the cases of ex officio appointment provided for in the Free Legal Assistance Act, it is for the parties to hire the services of the procurator and the lawyer who will represent and defend them at trial.

2. However, a litigator who is not entitled to free legal aid may request the appointment of a lawyer, a procurator or both professionals, where his intervention is mandatory or where the opposing party has not informed the Court that he will act as a lawyer and represented by a procurator.

If the request is made by the defendant, it must be made within three days of receiving the notice of formal notice or summons.

Such requests shall be made and decided in accordance with the Free Legal Assistance Act, without the need to prove the right to obtain such assistance, provided that the applicant undertakes to pay the fees and rights of the professionals appointed to him.

3. Where, in a judgment of those referred to in Article 250 (1) (1), one of the parties requests recognition of the right to free legal aid, the Court shall, as soon as it becomes aware of this fact, issue a reasoned decision requiring the professional associations to appoint a lawyer and a procurator on a provisional basis, where the designations have not been made previously, without prejudice to the subsequent compensation of the corresponding fees by the applicant if he is subsequently denied the right to free legal aid.

Such a decision shall be communicated by the earliest possible means to the Bar and Bar Associations, and the application shall then be processed in accordance with the Free Legal Assistance Act.

4. In the trials referred to in the preceding paragraph, the defendant must apply for recognition of the right to free legal aid or must seek the appointment of a lawyer and a public prosecutor within three days of the notification of the application. If the application is made at a later stage, the failure of professional associations to appoint a lawyer and a procurator shall not suspend the trial, except in the cases referred to in the second subparagraph of paragraph 1 of paragraph 1 of paragraph 1 of paragraph 1 of paragraph 1 of paragraph 1 of paragraph 1 of this Article. Article 16 of Law 1/1996 of 10 January 1996Free Legal Aid.

Paragraph 4 is added by Art. 2.3 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Please note that paragraph 2 enters into force on 4 May 2010, as drafted by Law 13/2009.

Paragraph 2 is amended by Art. 15.16 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 3 is added by final provision 3.2 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

Article 34. Court representative’s claim for unpaid fees.

1. Where a procurator is required to require from his defaulting proxy the amounts owed by him for the fees and expenses he has provided for the matter, he may submit to the counsel of the Administration of Justice the place where he is located a detailed and justified account, stating that he is owed and not satisfied the amounts resulting therefrom and claims. The same right as the procurators will have their heirs in respect of claims of this nature that they will leave to them. The intervention of a lawyer or a procurator shall not be mandatory.

2. When the account is submitted and admitted by the lawyer or lawyer of the Administration of Justice, the latter or the latter shall require the power to pay the sum or challenge the account as being improper, within 10 days, under the warning of constraint if it does not pay or challenge.

If, within that period, the power of attorney is opposed, the lawyer of the Administration of Justice shall transfer the procurator for three days to rule on the challenge. Thereafter, the lawyer or lawyer of the Administration of Justice shall examine the account and the procedural proceedings, as well as the documentation provided, and shall issue, within 10 days, a decree determining the amount to be satisfied to the procurator, subject to an obligation if the payment is not made within five days of the notification.

This decree and the order ruling on the appeal for review shall not prejudge, even partially, the judgment that may be handed down in subsequent declaratory proceedings.

3. If the power of attorney does not object within the prescribed time limit, execution shall be effected in respect of the amount to which the account is raised.

4. If the complaint is directed against a natural person, the procurator must contribute together with the account the contract signed with the client, and the lawyer or lawyer of the Administration of Justice, prior to making the request, shall inform the judge so that he can assess the possible abusive nature of any clause that constitutes the basis of the petition or that has determined the amount required.

The judge shall examine ex officio whether any of the clauses that form the basis of the petition or that have determined the amount required can be classified as abusive.

When he sees that any clause can be qualified as such, he shall give a hearing to the parties for five days. If you hear these, you'll settle the case by court order within five days. The intervention of a lawyer or a procurator shall not be mandatory for such a procedure.

If the order in question considers that one of the contractual clauses is abusive, it shall determine the consequences of such consideration by agreeing either the improcedness of the claim or the continuation of the proceedings without applying those considered abusive.

If the court does not consider the existence of unfair terms, it shall so declare and the counsel or counsel of the Administration of Justice shall order the debtor as provided for in paragraph 2.

The order will be directly appealable in any case. The pronouncement, once it has been signed, will have the force of res judicata.

Paragraph 2 is amended and Article 4 is added. 103.5 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The unconstitutionality and nullity of the third subparagraph of paragraph 2 is declared in the wording given by Law 13/2009 of 3 November, the text of which coincides with the current wording, by Judgment of TC 34/2019, of 14 March. Ref. BOE-A-2019-5727

It is amended by article 6 of Act No. 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15.17 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Please note that the third subparagraph of paragraph 2 is declared unconstitutional and null and void by judgment of TC 34/2019 of 14 March. Ref. BOE-A-2019-5727

Article 35. Attorneys' fees.

1. Lawyers may claim against the party they defend the payment of the fees they have earned in the case, presenting detailed minutes and formally stating that these fees are due to them and have not been satisfied. The same right as lawyers will have their heirs in respect of claims of this nature that they leave to them. The intervention of a lawyer or a procurator shall not be mandatory.

2. When this claim has been filed, the counsel or counsel of the Administration of Justice shall require the debtor to pay the sum or challenge the account within 10 days under the obligation of constraint if he does not pay or challenge.

If, within that time limit, the fees are contested for undue reasons, the second and third subparagraphs of paragraph 2 of the preceding Article shall apply.

If the fees for excessive fees are contested, counsel for the Administration of Justice shall refer the lawyer for five days to decide on the challenge. If the reduction of fees claimed is not accepted, the legal counsel of the Administration of Justice shall, in advance, proceed to its regulation in accordance with the provisions of articles 241 et seq., unless the lawyer or counsel proves the existence of a prior written budget accepted by the contestant, and shall issue a decree setting the amount due, subject to an obligation if it is not paid within five days of the notification, and against which a direct appeal for review may be lodged.

This decree and the order ruling on the appeal for review shall not prejudge, even partially, the judgment that may be handed down in subsequent declaratory proceedings.

3. If the debtor of the fees does not object within the prescribed time limit, enforcement shall be ordered in respect of the amount to which the fine is drawn.

4. If the complaint is directed against a natural person, the lawyer or lawyer must contribute together with the account the contract signed with the client and the lawyer or lawyer of the Administration of Justice, prior to making the request, shall inform the judge or the judge so that he can assess the possible abusive nature of any clause that constitutes the basis of the petition or that has determined the amount required.

The judge shall examine ex officio whether any of the clauses that form the basis of the petition or that have determined the amount required can be classified as abusive.

When he sees that any clause can be qualified as such, he shall give a hearing to the parties for five days. If you hear these, you'll settle the case by court order within five days. The intervention of a lawyer or a procurator shall not be mandatory for such a procedure.

If the order in question considers that one of the contractual clauses is abusive, it shall determine the consequences of such consideration by agreeing either the improcedness of the claim or the continuation of the proceedings without applying those considered abusive.

If the court does not consider the existence of unfair terms, it shall so declare and the counsel or counsel of the Administration of Justice shall order the debtor as provided for in paragraph 2.

The order will be directly appealable in any case. The pronouncement, once it has been signed, will have the force of res judicata.

Paragraph 2 is amended and Article 4 is added. 103.6 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The unconstitutionality and nullity of the highlighted subparagraph of the second and fourth subparagraphs of paragraph 2 are declared in the wording given by Law 13/2009 of 3 November, the text of which coincides with the current wording, by Judgment of the TC 34/2019, of 14 March. Ref. BOE-A-2019-5727

It is amended by article 7 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.18 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Please note that the main subparagraph of the second subparagraph and the fourth subparagraph of paragraph 2 are declared unconstitutional and null by judgment of TC 34/2019 of 14 March. Ref. BOE-A-2019-5727

TITLE II

Jurisdiction and jurisdiction

CHAPTER I

The jurisdiction of civil courts and questions referred for a preliminary ruling

Section 1.a. Extent and limits of jurisdiction of civil courts

Article 36. Extension and limits of the civil court order. Lack of international competition.

1. The extent and limits of the jurisdiction of Spanish civil courts shall be determined by the provisions of the Organization of the Judiciary Act and to the international treaties and conventions to which Spain is a party.

2. The Spanish civil courts shall refrain from dealing with cases brought before them when any of the following circumstances occurs:

1.a. Where a claim or execution has been made in respect of subjects or property enjoying immunity from jurisdiction or enforcement in accordance with Spanish law and the rules of public international law.

2.a Where, by virtue of an international treaty or convention to which Spain is a party, the matter is exclusively assigned to the jurisdiction of another State.

3.a In cases where the defendant is not properly represented, the international jurisdiction of the Spanish courts may be based solely on the tacit submission of the parties.

The first paragraph of paragraph 2 is amended by the final provision 4 of Organic Law 16/2015 of 27 October. Ref. BOE-A-2015-11545.

Article 37. Lack of jurisdiction. Abstention from civil courts.

1. Where a court of civil jurisdiction considers that the matter before it falls within the jurisdiction of the military, or a public administration or the Court of Auditors when acting in its accounting functions, it shall refrain from hearing the matter.

2. They shall also refrain from hearing civil courts when dealing with matters of which it is appropriate to hear courts of another court within the ordinary jurisdiction. Where the Court of Auditors exercises judicial functions, it shall be deemed to be part of the administrative/disputing order.

Article 38. Self-appraisal of the lack of international jurisdiction and jurisdiction.

The abstention referred to in the two preceding articles shall be agreed on its own initiative, with a hearing of the parties and the Public Prosecutor's Office, as soon as the lack of international jurisdiction or the lack of jurisdiction as a result of the case belonging to another court order is noticed.

Article 39. Assessment of the lack of international jurisdiction or jurisdiction at the request of a party.

The defendant may, by means of a decline, denounce the lack of international jurisdiction or the lack of jurisdiction because the matter belongs to another court order or because the dispute has been submitted to arbitration or mediation.

It is amended by final provision 3.2 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

It is amended by final provision 2.2 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Section 2.a — Questions referred for a preliminary ruling

Article 40. Criminal pre-judicial action.

1. Where a civil proceeding reveals an act which gives rise to the appearance of an offence or an offence prosecuted on its own initiative, the civil court shall, by order, inform the Public Prosecutor ' s Office, in case there is a possibility of criminal prosecution.

2. In the case referred to in the preceding paragraph, the suspension of proceedings in civil proceedings shall not be ordered except in the following circumstances:

1. That the existence of a criminal case in which any or all of the claims of the parties to the civil proceedings are being investigated, as criminal appearances, shall be established.

2.a That the decision of the criminal court concerning the act in criminal proceedings may have a decisive influence on the decision in the civil case.

3. The suspension referred to in the preceding paragraph shall be agreed, by order, once the proceedings are pending only judgement.

4. However, the suspension arising from the possible existence of an offence of misrepresentation of any of the documents provided shall be agreed, without waiting for the conclusion of the proceedings, as soon as it is established that criminal proceedings are being instituted in respect of that offence, when, in the opinion of the court, the document may be decisive in deciding on the merits of the case.

5. In the case referred to in the preceding paragraph, the suspension shall not be agreed by the Court, or shall be raised by the Legal Counsel of the Administration of Justice as agreed by the Court, if the party to whom the document may be favoured renounces it. After the resignation, the document shall be ordered by the Legal Counsel of the Administration of Justice to be removed from the file.

6. The suspensions referred to in this article shall be lifted by the Counsel of the Administration of Justice when it is established that the criminal trial has ended or that it is paralysed for reason that has prevented its normal continuation.

7. If the criminal case concerning the falsity of a document is the result of a complaint or complaint by one of the parties and is concluded by a decision declaring the document authentic or not proving it false, the party against whom the suspension of the civil proceedings has been brought may seek damages in the proceedings, in accordance with the provisions of articles 712 et seq.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 5 and 6 are amended by Article 15.19 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 41. Appeals against the decision to stay proceedings for a preliminary ruling.

1. An appeal may be lodged against a decision refusing to stay the civil case. An application for suspension may, however, be reproduced during the second instance and, where appropriate, during the processing of extraordinary appeals for procedural or cassation offences.

2. An appeal shall be lodged against the order in which the suspension is agreed and against the orders in appeal, according to or confirming the suspension, there shall be no appeal.

3. A direct appeal for review may be lodged against the decision of the Board of the Administration of Justice, which agrees to the lifting of the suspension.

Paragraph 2 is amended by Art. 103.7 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is added by Art. 15.20 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 42. Non-criminal preliminary rulings.

1. For the sole purposes of a preliminary ruling, the civil courts may hear cases which are attributed to the courts of administrative and social court orders.

2. The decision of the civil courts on the matters referred to in the preceding subparagraph shall not take effect outside the proceedings in which it occurs.

3. By way of derogation from the preceding paragraphs, where the law so provides or the parties by common accord or one of them so request with the consent of the other, the Legal Aid Service shall suspend the proceedings before the judgement has been delivered until the question referred for a preliminary ruling is decided, in their respective cases, by the competent public administration, by the Court of Auditors or by the courts of the appropriate court order. In this case, the Civil Court shall be bound by the decision of the bodies referred to in the question referred for a preliminary ruling.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.21 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 43. Civil jurisdiction.

Where, in order to determine the subject matter of the dispute, it is necessary to decide on any question which, in turn, constitutes the main subject matter of another proceeding pending before the same or different civil court, if it is not possible to join cases, the court may, at the request of both parties or of one of them, after hearing the opposite, by order, order the suspension of the proceedings, in the state in which they are held, until the proceedings for the preliminary ruling have been completed.

An order refusing the request will be subject to an appeal, and an appeal may be lodged against the order agreeing to the suspension.

Article 43 bis. European preliminary ruling.

(Repealed)

It is repealed by the sole derogation provision.2 of Royal Decree-Law 4/2024 of 26 June. Ref. BOE-A-2024-12944

It is added by art. 103.8 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This article enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Text added, published on 20/12/2023, in force from 20/03/2024.

CHAPTER II

Rules for determining jurisdiction

Article 44. Legal pre-determination of jurisdiction.

In order for civil courts to have jurisdiction in each case, it is required that the knowledge of the case be assigned to them by rules of law and prior to the initiation of the proceedings in question.

Section 1.a. Objective competence

Article 45. Jurisdiction of the courts of first instance.

It is for the courts of first instance to hear, in the first instance, all civil cases which, by express legal provision, are not assigned to other courts. They shall also hear the cases, acts, questions and appeals referred to them by the Court of Justice. Organization of the Judiciary Act.

It is amended by final provision 1.1 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

It is amended by final provision 4.1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 46. Specialization of some courts of first instance.

Courts of First Instance to which, in accordance with the provisions of Article 98 of the Organic Law on the Judiciary, they have been assigned specific knowledge of certain cases, they will extend their jurisdiction, exclusively, to the proceedings in which they are sold, and they should be inhibited in favour of the other competent courts, when the proceedings are seen on different subjects. If a question arises for this reason, it shall be dealt with as the questions of competence.

Article 47. Jurisdiction of justices of the peace.

1. Judges of the peace have jurisdiction, at first instance, in civil cases of a value not exceeding EUR 150 which do not fall within any of the cases referred to in Article 250 (1).

2. They also have knowledge of civil conciliation cases of less than EUR 10,000, as foreseen by the Title IX of Law 15/2015 of 2 July, of the Voluntary Jurisdiction.

3. They shall also be competent to hear the acts of conciliation referred to in the Section 804 of the Criminal Procedure Act provided that the act had occurred in the municipality where they perform their duties and the requested person has his or her domicile in the same municipality.

It is amended, with effect from 3 April 2025, by art. 22.8 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The amount referred to in this Article by Annex II to Royal Decree 1417/2001 of 17 December 2001 shall be converted to euros, Ref. BOE-A-2001-24625

Article 48. Assessment of the lack of objective competence.

1. The lack of objective jurisdiction shall be assessed ex officio, as soon as it is noted, by the court hearing the case.

2. Where the court dealing with the case at second instance or on appeal considers that the court before which the first instance was followed lacked objective jurisdiction, it shall declare the nullity of all acts, leaving the right of the parties to pursue their actions in the appropriate court class.

3. In the cases referred to in the preceding subparagraphs, the Legal Aid Board shall give the parties and the Public Prosecutor's Office a joint hearing for a period of 10 days, by order of the Court.

4. An order declaring a lack of objective jurisdiction shall indicate the kind of court to which the case relates.

Paragraph 2 is amended by Art. 103.9 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.22 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 49. Assessment of the lack of objective competence at the request of a party.

The defendant may denounce the lack of objective jurisdiction by means of a declination.

Article 49 bis. Loss of competition when violence against women occurs.

1. When a court, which is hearing a civil proceeding at first instance, is informed of the commission of an act of violence defined in the Article 1 of Organic Law 1/2004 of 28 December 2004measures for the comprehensive protection against gender-based violence, which led to the initiation of criminal proceedings or an order for protection, after verifying the compliance with the requirements of paragraph 7 of the Convention. article 89 of Organic Law 6/1985 of 1 July 1985The judicial branch shall be prevented from submitting the orders in the state in which they are found to the judge of violence over women who is competent, unless the hearing or appearance of the civil proceedings in dispute or of voluntary jurisdiction has been initiated.

2. Where a judge hearing civil proceedings is aware of the possible commission of an act of gender-based violence, which has not led to the initiation of criminal proceedings, or to the issuance of an order for protection, after verifying that the requirements of paragraph 3 of the Article 87 ter of the Organic Law on the Judiciarymust immediately summon the parties to a hearing with the Public Prosecutor within 24 hours so that the Prosecutor may be informed of any relevant information on the facts. After that, the Prosecutor must immediately decide whether to report acts of gender-based violence or to apply for a protection order before the competent court for violence against women within 24 hours. If a complaint is lodged or a protection order is requested, the Prosecutor shall submit a copy of the complaint or application to the Court, which shall continue to hear the case until it is, if necessary, required to be restrained by the competent Judge for Violence against Women.

3. Where a judge on violence against women who is hearing a criminal case for gender-based violence is aware of the existence of a civil proceeding, and checks the compliance with the requirements of paragraph 3 of the Article 87 ter of the Organic Law on the Judiciaryshall require the Civil Court to be restrained, which shall immediately agree to be restrained and to refer the case to the requesting body.

For the purposes of the preceding paragraph, the injunction shall be accompanied by evidence of the initiation of pre-trial proceedings or the trial of misdemeanours, the order for admission of the complaint, or the order for protection adopted.

4. In the cases referred to in paragraphs 1 and 2 of this article, the Civil Court shall refer the cases to the Court of Violence against Women without applying the provisions of Article 48(3) of the Convention. Civil Procedure Actfrom that time on, the parties must appear before that body.

In these cases, the other rules of this section shall not apply, nor shall they be admissible, and the parties who wish to invoke the jurisdiction of the Court of Violence over Women must bear witness to any of the decisions handed down by that Court referred to in the final paragraph of the previous issue.

5. The Courts of Violence against Women shall exercise their powers in civil matters exclusively and exclusively, and in any event in accordance with the procedures and remedies provided for in the Convention. Civil Procedure Act.

Paragraph 1 is amended with effect from 3 April 2025 by Art. 22.9 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is added by art. 57 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

Written in accordance with the bug correction published in BOE No. 87 of 12 April 2005. Ref. BOE-A-2005-5835

Text added, published on 29/12/2004, in force from 29/06/2005.

Section 2. Territorial jurisdiction

Article 50. General jurisdiction of natural persons.

1. Unless otherwise provided by law, territorial jurisdiction shall be vested in the court of the defendant's domicile and, if it does not have such jurisdiction in the national territory, the court shall have jurisdiction over his residence in that territory.

2. Those who do not have domicile or residence in Spain may be sued at the place where they are within the national territory or at the place where they last reside in the national territory and, if the jurisdiction cannot be determined, at the place of domicile of the actor.

3. Employers and professionals, in disputes arising out of their business or professional activity, may also be sued at the place where the activity takes place and, if they have establishments in charge of them in different places, in any of them at the choice of the actor.

Article 51. General jurisdiction of legal persons and entities without personality.

1. Unless otherwise provided in the Act, legal persons shall be sued in the place of their domicile. They may also be sued in the place where the legal situation or relationship to which the dispute relates has been or should have had effect, provided that they have an establishment open to the public or a representative authorised to act on behalf of the entity.

2. Individual entities may be sued at the domicile of their managers or at any place where they operate.

Article 52. Territorial jurisdiction in special cases.

1. The jurisdiction set out in the preceding Articles shall not apply and competence shall be determined in accordance with the provisions of this Article in the following cases:

1. In the trials in which real actions are brought in immovable property, the court shall have jurisdiction over the place in which the disputed thing is situated. Where the actual action is brought on several immovable property or on a single property situated in different constituencies, the court of either of these, at the choice of the plaintiff, shall be competent.

2. In applications for the presentation and approval of accounts to be given by the administrators of other persons ' property, the court of the place where such accounts are to be presented, and not being determined, the place of residence of the principal, power holder or owner of the property, or of the place where the administration is to be carried out, shall be competent at the choice of the actor.

3. In applications for security obligations or additions to previous obligations, the court shall have jurisdiction to hear, or be aware of, the principal obligation upon which they fall.

4. In the case of hereditary matters, the court shall have jurisdiction in the place where the deceased had his last domicile and if he had had it in a foreign country, in the place of his last domicile in Spain, or where most of his property was, at the applicant ' s choice.

5th In cases where proceedings are instituted concerning judicial measures for the support of persons with disabilities, the Court shall have jurisdiction over the place where the person with disabilities resides, as provided for in Article 756(3).

6. In the area of the right to honour, personal and family privacy and to one ' s own image and, in general, civil protection of fundamental rights, the court of the applicant ' s domicile shall have jurisdiction, and where it does not have such jurisdiction in Spanish territory, the court of the place where the act that infringes the fundamental right in question occurred.

7. The court of the place where the estate is located shall be competent in the case of property leases and eviction cases.

8. In horizontal property trials, the court of the place where the estate is located shall be competent.

9. The court of the place where the damage was caused shall have jurisdiction in the proceedings seeking compensation for damage resulting from the movement of motor vehicles.

10. The place of the registered office shall be the competent court for the challenge of social agreements.

11. In proceedings in which claims are made concerning infringements of intellectual property, the court of the place where the offence was committed or where there is evidence of its commission or where there are unlawful copies, at the plaintiff ' s choice, shall have jurisdiction.

12. In the case of unfair competition, the court of the place where the defendant has his place of business and, in the absence of that place of business, his domicile or place of residence, and if he does not have it in Spanish territory, the court of the place where the act of unfair competition has been carried out or where its effects occur, at the plaintiff ' s choice, shall have jurisdiction.

13. In the area of industrial property, the court which sets out special legislation on industrial property shall have jurisdiction.

13. Thirteenth bis. In appeals against those decisions that exhaust the administrative procedure in matters of industrial property issued by the Spanish Office of Patents and Trademarks, the specialized sections in commercial matters of the Provincial High Court shall be competent in whose district the city of the seat of the Superior Court of Justice of the Autonomous Community of the domicile of the applicant or, failing that, of the domicile of the authorized representative in Spain to act on his behalf, provided that the General Council of the Judiciary has agreed to give exclusive knowledge of industrial property matters to the Commercial Courts of that locality. The specialized sections of the Provincial High Court in whose district the seat of the Spanish Patent and Trademark Office is located shall also be competent, at the applicant's choice.

14. In proceedings in which actions are brought to ensure that non-incorporation into the contract or the nullity of the terms of general conditions of the procurement is declared, the court of the domicile of the applicant shall have jurisdiction. And, in this same matter, when the declaratory, cessation or retraction actions are brought, the court of the place where the defendant has his place of business and, in the absence of the place of his domicile, and if the defendant lacks his domicile in the Spanish territory, the court of the place where the accession took place, shall have jurisdiction.

15. In the domain or best-law third parties involved in an administrative procedure of constraint, the court of the domicile of the body that agreed to the embargo shall have jurisdiction, without prejudice to the specialities provided for by the public administrations in matters of territorial competence.

16. In proceedings in which the action for cessation is brought in defence of the collective and diffuse interests of consumers and users, the Court shall have jurisdiction in the place where the defendant has an establishment, and, in the absence of such an establishment, the place of residence of the defendant; if he is not domiciled in Spanish territory, that of the place of domicile of the actor.

17. In proceedings against decisions and acts issued by the Directorate-General for Records and Notaries in matters relating to civil registration, with the exception of applications for citizenship by residence, the Court of First Instance of the provincial capital of the applicant ' s domicile shall be competent.

2. Where the rules set out in the preceding paragraph do not apply to disputes concerning insurance, forward sales of tangible property and contracts intended for its financing, as well as to contracts for the provision of services or relating to movable property which were preceded by a public offer, the court of the domicile of the insured person, buyer or borrower or of the domicile of the person who accepted the offer, respectively, or the place of residence corresponding to the rules set out in Articles 50 and 51, shall have jurisdiction at the choice of the applicant.

3. Where the rules set out in the preceding paragraphs do not apply to disputes arising out of the exercise of individual consumer or user actions, the court of the consumer or user or the court of his domicile or the court of his place of residence pursuant to Articles 50 and 51 shall have jurisdiction.

Paragraph 1.13 is amended and 1.13a is added by final provision 1.2 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Paragraph 1.5o is amended, with effect from 3 September 2021, by Art. 4.3 of Law 8/2021 of 2 June. Ref. BOE-A-2021-9233

Paragraph 2 is amended and Article 3 is added by Article 8 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Please note that point 17 of paragraph 1 enters into force on 30 June 2020.

Point 17 is added to paragraph 1 by final provision 4.1 of Law 20/2011 of 21 July. Ref. BOE-A-2011-12628.

Point 16 is added to paragraph 1 by Article 1.4 of Law 39/2002 of 28 October. Ref. BOE-A-2002-20855

Article 53. Territorial jurisdiction in case of cumulation of shares and in case of plurality of respondents.

1. Where several actions are taken jointly against one or more persons, the court shall have jurisdiction over the place of action which is the basis of the others; in the absence of such action, the court shall have jurisdiction over the largest number of actions accumulated and, ultimately, the place of the most significant action quantitatively.

2. Where there are several defendants and, in accordance with the rules laid down in this article and in the previous rules, the territorial jurisdiction may be vested in judges of more than one place, the application may be brought before any of them, at the choice of the plaintiff.

Article 54. The operative nature of the rules on territorial jurisdiction.

1. The legal rules attributive to territorial jurisdiction shall apply only in the absence of express or tacit submission of the parties to the courts of a particular constituency. Except for the rules laid down in points 1 and 4 to 15 of paragraph 1 and in Article 52(2) and for those to which this or other Act expressly confers an imperative character. Neither shall express or tacit submission be valid in matters to be decided by the oral trial.

2. The express submission contained in accession contracts, or containing general conditions imposed by one of the parties, or which have been concluded with consumers or users, shall not be valid.

3. The submission of the parties shall be valid and effective only when it is made to courts with objective jurisdiction to hear the case in question.

Article 55. Express submission.

Express submission shall be understood to mean the agreement reached by the parties concerned, with the precise designation of the district to which they are subject.

Article 56. Tacit submission.

The following shall be tacitly understood:

1. The plaintiff, merely by appealing to the courts of a particular constituency by filing the application or by making a request or request to be submitted to the court competent to hear the application.

2. The defendant, by the fact of making, after being personado in the trial after the filing of the claim, any management other than that of proposing in form the declination. The defendant shall also be deemed to be tacitly submitted if he or she has not been brought to trial or is not present at trial when he or she has precluded the power to propose a declination.

Point 2 is amended by Art. 15.23 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 57. Express submission and distribution.

The specific submission of the parties shall determine the constituency whose courts are to hear the matter. Where there are several courts of the same kind in that constituency, the division of cases shall determine which court is responsible for dealing with the case, without the parties being able to submit to a particular court except the others.

Article 58. Self-appraisal of territorial competence.

Where territorial jurisdiction is determined by mandatory rules, the Legal Counsel of the Administration of Justice shall examine territorial jurisdiction immediately after the application has been filed and, after hearing the Public Prosecutor and the parties concerned, if it considers that the Court has no territorial competence to hear the case, shall report to the Judge for an order, referring any proceedings to the Court which it considers territorially competent. If they are applicable, the applicant shall be present at the request to be addressed to him for that purpose.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.24 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 59. Allegation of lack of territorial competence.

Apart from cases in which territorial jurisdiction is established by law under mandatory rules, a lack of territorial jurisdiction may be assessed only when the defendant or those who may be a legitimate party to the trial propose in time and form the declination.

Article 60. Negative conflict of territorial competence.

1. If the decision to suspend a court on the ground of lack of territorial jurisdiction has been taken by means of a decision to decline or with a hearing by all parties, the court to which the proceedings are referred shall be so decided and may not declare its lack of territorial jurisdiction ex officio.

2. If the decision to stay the proceedings for lack of territorial jurisdiction has not been taken with a hearing by all parties, the court to which the proceedings are referred may ex officio declare its lack of territorial jurisdiction when it is to be determined by mandatory rules.

3. A decision declaring a lack of competence shall send all the records to the immediate common superior court, which shall decide by order, without further appeal, by the court to which the case is to be heard, ordering, where appropriate, the referral of the cases and the placement of the parties, within 10 days, before that court.

Section 3.a Functional competence

Article 61. Functional competence by connection.

Except as otherwise provided by law, the court which has jurisdiction to hear a lawsuit shall also have jurisdiction to rule on its cases, to give effect to the orders and orders it issues, and to enforce the sentence or agreements and transactions it approves.

Article 62. Ex officio assessment of the competence to hear appeals.

1. Appeals to a court that has no functional competence to hear them shall not be admissible. Notwithstanding the foregoing, if an appeal is granted, the court to which it has been addressed understands that it has no functional competence to hear the appeal, it shall issue an order refraining from hearing the parties in person for a common period of 10 days.

2. After notification of the order referred to in the preceding paragraph, litigants shall have five days within which they may properly lodge or announce the appeal, which shall be added to the time limit legally provided for such proceedings. If they exceed the resulting time without formal recourse, the decision in question shall be final.

CHAPTER III

From the decline

Article 63. Content of the declination, legitimation to propose it and court competent to hear it.

1. By means of the decision, the defendant and those who may be a legitimate party to the proceedings may denounce the lack of jurisdiction of the court to which the application has been brought, as the court's knowledge of the case is shared with foreign courts, other courts, arbitrators or mediators, except in cases where there is a prior agreement between a consumer and an employer to submit to alternative consumer dispute resolution proceedings and the consumer is the plaintiff.

Declination will also be proposed to denounce the lack of competence of all kinds. If the decline is based on a lack of territorial jurisdiction, the court must indicate to which, as territorially competent, the proceedings should be referred.

2. The declination shall be proposed before the same court that is hearing the case and is deemed to have no jurisdiction or competence. However, the declination may also be submitted to the court of the defendant's domicile, which shall forward it to the court before which the application was lodged by the earliest possible means of communication, without prejudice to the referral of it by its own motion the day following its submission.

The first subparagraph of paragraph 1 is amended by final provision 4 of Law 7/2017 of 2 November. Ref. BOE-A-2017-12659

The first subparagraph of paragraph 1 is amended by final provision 3.3 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

The first subparagraph of paragraph 1 is amended by final provision 2.3 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Article 64. The procedural moment of proposing the declination and immediate effects.

1. The declination shall be proposed within the first ten days of the deadline for replying to the application, and shall have the effect of suspending, until the decision is reached, the period of time for reply and the course of the main proceedings, a suspension to be declared by the counsel of the Administration of Justice.

2. The suspension of the main proceedings arising from the previous allegation of decline shall not preclude the court before which the case is pending from carrying out, at the request of a legitimate party, any proceedings for the securing of evidence, as well as any interim measures of which irreparable damage to the actor could be sustained, unless the defendant provided sufficient security to respond to the damages arising from the processing of a groundless decline.

The security may be granted in cash, by means of solidarity guarantee of indefinite duration and payable at first order issued by a credit institution or mutual guarantee company or by any other means which, in the opinion of the court, ensures the immediate availability, if any, of the amount concerned.

Paragraph 1 is amended by Article 9 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.25 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 65. Processing and decision of the declination.

1. The documents or principles of evidence in which it is founded, with copies in number equal to the number of the remaining litigants, shall be accompanied by the declination brief, which shall have a period of five days from the date of notification of the declination, to plead and provide whatever they deem appropriate to uphold the jurisdiction or jurisdiction of the court, which shall decide the matter within the fifth day following.

If the decline is related to a lack of territorial jurisdiction, the actor, in challenging it, may also plead the lack of territorial jurisdiction of the court in favour of which it was intended to decline the knowledge of the case.

2. If the court considers that it has no jurisdiction to hear the matter from the courts of another State, it shall so declare it by order, refraining from hearing and from hearing the case.

Similarly, the court shall proceed if it considers that the matter has been referred to arbitration or mediation.

3. If the court considers that it has no jurisdiction to refer the matter to the courts of another court order, the order in which it refrains from hearing the case shall indicate to the parties before which bodies it is to use its right. The same decision shall be made when the court finds that it lacks objective jurisdiction.

4. If a decision has been taken concerning territorial jurisdiction and the latter is not determined by mandatory rules, the court shall, in order to determine it, consider the body indicated by the promoter of the decline to be competent.

5. The court, when determining the decline in territorial jurisdiction, shall decline to act in favour of the body to which the jurisdiction belongs and shall agree to refer to the court the orders on which the parties are based to appear before it within 10 days.

The second subparagraph of paragraph 2 is amended by final provision 3.4 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

The second subparagraph of paragraph 2 is amended by final provision 2.4 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

CHAPTER IV

Remedies for jurisdiction and jurisdiction

Article 66. Remedies relating to international jurisdiction, jurisdiction, submission to arbitration or mediation and objective jurisdiction.

1. An appeal may be lodged against the order by refraining from hearing the case on the grounds of lack of international jurisdiction, because the case belongs to a court of another court, because the case has been submitted to arbitration or mediation or because of a lack of objective jurisdiction.

2. Against an order rejecting the lack of international jurisdiction, jurisdiction or objective jurisdiction, there shall be only a remedy for the appeal, without prejudice to the absence of such procedural assumptions in the appeal against the final judgement.

The provisions of the preceding paragraph shall also apply where the order rejects the submission of the matter to arbitration or mediation.

It is amended by final provision 3.5 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

It is amended by final provision 2.5 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Article 67. Remedies relating to territorial competence.

1. No appeal shall be lodged against orders ruling on territorial jurisdiction.

2. Appeals and cassation proceedings shall only admit claims of a lack of territorial competence where, in the case in question, mandatory rules apply.

Paragraph 2 is amended by Art. 103.10 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

CHAPTER V

Distribution of cases

Article 68. Mandatory delivery. Procedural treatment.

1. All civil matters shall be divided between the courts of first instance when there is more than one in the party. The same rule shall apply to matters to be understood by the Provincial High Courts when divided into Sections.

2. Counsel of the Administration of Justice shall not permit any matter subject to division to be dealt with unless the relevant electronic procedure or notation is recorded therein. If such action or electronic entry is not recorded, any action which does not consist in ordering the case to be dealt with shall be annulled at the request of either party.

3. Decisions concerning division shall not be dismissed, but any of the litigants may challenge the infringement of the rules on distribution in force at the time of the submission of the letter or of the request for the initiation of proceedings.

4. Decisions handed down by courts other than the one or those to which it was responsible under the distribution rules shall be declared void at the request of the party to whom they damage, provided that the nullity was instituted in the procedural proceedings immediately after the time when the party had become aware of the infringement of the distribution rules and that the infringement was not corrected as provided for in the preceding paragraph.

Paragraph 2 is amended by Art. 103.11 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.26 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 69. Time limit for distribution.

The cases shall be divided and referred to the appropriate judicial office within two days of the submission of the written or request for the initiation of the proceedings.

It is amended by art. 15.27 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 70. Urgent action on undistributed matters.

The Dean Judges and the Presidents of Courts and Hearings may, at the request of a party, take urgent measures in cases not dealt with where, if not, any rights may be violated or serious and irreparable harm may occur.

TITLE III

The accumulation of actions and processes

CHAPTER I

The accumulation of shares

Article 71. Main effect of accumulation. Objective cumulation of actions. Any cumulation.

1. The cumulation of admissible actions will have the effect of all being discussed in the same procedure and settled in a single judgment.

2. The actor may join in the suit as many actions against the defendant, even if they come from different titles, provided that they are not incompatible with each other.

3. The simultaneous exercise of two or more actions in the same trial shall be incompatible and may not, therefore, be combined when mutually exclusive or contrary to each other, so that the choice of one impedes or renders ineffective the exercise of the other or others.

4. However, from the preceding paragraph, the actor may eventually accumulate incompatible actions with each other, with expression of the principal action and of the other or others he exercises for the single event that the principal does not consider to be founded.

Article 72. Subjective accumulation of actions.

Actions against several or several subjects against one may be joined together, at the same time, provided that there is a link between those actions on the basis of the title or cause of request.

The title or cause of request shall be deemed to be identical or related when the actions are based on the same facts.

Article 73. Admissibility for procedural reasons of the cumulation of actions.

1. In order to be eligible for cumulation of shares, it is necessary to:

1. (1) The court to hear the main action has jurisdiction and jurisdiction on the basis of the matter or on the basis of the amount of the accumulated or accumulated action. However, the action to be taken in ordinary proceedings may be joined by the action which, on its own, is to be heard in oral proceedings on the basis of its amount.

However, the provisions of the preceding paragraph, when several related actions are initially accumulated and referred to courts with different objective jurisdiction, shall be dealt with by the Commercial Courts if they are competent to hear the principal and the others are related to it or have been referred to it for a preliminary ruling. Where such a connection or a preliminary ruling is not given, it shall be carried out in accordance with paragraph 3.

Where the main action is to be known to the Courts of First Instance, the initial cumulation of any other action which is not within their objective competence shall not be permitted, in accordance with the provisions of the first subparagraph of this number.

2. That the accumulated shares should not, by reason of their matter, be ventilated in judgments of different kinds. However, there will be cumulation of the action to call for the liquidation of the matrimonial property regime and for the division of the inheritance in the event that the dissolution of the matrimonial property regime has occurred as a result of the death of one or both spouses and there is a subjective identity between those entitled to intervene in both proceedings. In the event of the accumulation of both actions, they shall be carried out in accordance with the budgets and procedures of the judicial division of inheritance proceedings.

3. (3) The law does not prohibit the cumulation of cases in which certain actions are carried out on the basis of their subject matter or on the basis of the type of judgment to be followed.

2. Different actions will also be joined in the same lawsuit when the law so provides, for specific cases.

3. If a number of actions have been improperly joined, the Board of Appeal of the Administration of Justice shall require the actor, before proceeding to admit the application, to remedy the defect within five days, maintaining the actions the cumulation of which is possible. After the end of the period without the termination, or if the circumstance of non-accumulativeness between the actions intended to be maintained by the actor is maintained, he shall report to the Court for the Court to decide on the admission of the application.

Paragraph 1 is amended by Article 103.12 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 1.1o is amended by final provision 1.3 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.28 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER II

The accumulation of processes

Section 1.a. On the accumulation of processes: general provisions

Article 74. Purpose of process accumulation.

By reason of the backlog of proceedings, they shall be followed in one proceeding and shall be terminated by a single judgement.

Article 75. Legitimation to request the accumulation of processes. Assembly agreed ex officio.

The cumulation may be requested by a party to any of the proceedings whose cumulation is intended or shall be decided by the Court of its own motion, provided that one of the cases provided for in the following article is present.

It is amended by art. 15.29 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 76. Cases in which the accumulation of processes takes place.

1. The accumulation of processes shall be agreed upon provided that:

1. A judgment to be handed down in one of the proceedings may produce preliminary effects on the other.

2. Among the objects of the proceedings in question is such a connection that, if followed separately, judgements may be rendered with contradictory, incompatible or mutually exclusive pronouncements or grounds.

2. The cumulation shall also take place in the following cases:

1. In the case of proceedings initiated for the protection of collective or diffuse rights and interests recognized by the laws to consumers and users, liable to cumulation in accordance with paragraph 1.1.o of this article and article 77, where the diversity of proceedings could not have been avoided by the accumulation of actions or the intervention provided for in article 15 of this law.

2. When the object of the proceedings to be accumulated was the challenge of social agreements adopted in the same Board or Assembly or in the same session of a collegiate body of administration. In this case, all proceedings initiated pursuant to applications requesting the declaration of nullity or of nullity of such agreements shall be joined, provided that they have been filed within a period not exceeding forty days from the filing of the first of the applications.

3. In the case of proceedings in which the opposition to administrative decisions concerning the protection of the same minor is based, which have been processed in accordance with article 780, provided that none of them has commenced the hearing.

In any event, in places where there is more than one court which has competence in commercial matters, in the cases of Nos. 1 and 2, or in civil matters, in the case of No. 3 or, in the case of others, the applications submitted after another court shall be distributed to the court to which the first court has jurisdiction.

The third subparagraph is added and the last subparagraph of paragraph 2 is amended by Article 4.1 of Law 26/2015 of 28 July. Ref. BOE-A-2015-8470.

It is amended by art. 15.30 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493.

Article 77. Cumulative processes.

1. Except as provided for in article 555 of this Law on the cumulation of enforcement proceedings, the cumulation of declaratory proceedings shall be carried out only if the same proceedings are carried out or if the proceedings can be consolidated without loss of procedural rights, provided that any of the cases referred to in this chapter are completed.

No loss of procedural rights shall be deemed to occur when it is agreed that an ordinary trial and an oral trial will continue in the ordinary proceedings, with the court ordering in the order agreeing to the joinder, and if necessary, to withdraw until the time of the response to the demand the proceedings of the accumulated oral trial, in order to follow the procedures provided for the ordinary trial.

2. Where proceedings are pending before different courts, they shall not be cumulative if the court of the oldest trial lacks objective jurisdiction on the ground of the matter or on the basis of the amount of jurisdiction to be given to the proceedings or proceedings to be joined.

Notwithstanding the foregoing, the joinder of proceedings may be instituted before the Commercial Court, even if it is not aware of the oldest proceedings and some of them are being tried before a Court of First Instance, provided that the other requirements referred to in articles 76 and 78 are met.

3. Neither shall cumulation proceed when the territorial jurisdiction of the court dealing with the most modern proceedings is non-derogable to the parties in the Act.

4. Proceedings for the judicial division of assets may be joined when the procedure for the liquidation of matrimonial property status promoted when one or both spouses have died is to be joined to the judicial division of inheritance procedure.

5. In order to be admissible, the proceedings must be heard in first instance and none of them shall have completed the trial referred to in article 433 of this Act.

Paragraph 4 is renumbered as 5 and a paragraph 4 is added by Article 103.13 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 2 is amended by final provision 1.4 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Paragraph 1 is amended by Article 10 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 1 is amended by Article 15.31 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 78. Improcedness of process accumulation. Exceptions.

1. There shall be no cumulation of proceedings where the risk of judgements with contradictory, incompatible or mutually exclusive pronouncements or grounds can be avoided by the exception of litispendence.

2. Nor shall the cumulation of proceedings be carried out at the request of a party where it is not justified that, with the first claim or, where appropriate, with the extension of the claim or with the counterclaim, a proceeding involving claims and questions substantially equal to those raised in the different proceedings, the cumulation of which is sought, could not be promoted.

3. If the proceedings sought to be joined are initiated by the same plaintiff or by a reconvenient defendant, alone or in litisconsorcio, it shall be understood, unless justified, that a single proceeding could be initiated in the terms of the preceding subparagraph and that no cumulation shall proceed.

4. The provisions of the preceding paragraphs shall not apply to the proceedings referred to in Article 76(2).

Paragraphs 2 and 4 are amended by Article 15.32 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 79. Process in which cumulation is to be requested or agreed ex officio.

1. The backlog of proceedings will always be requested from the Tribunal to hear the oldest trial, to which the most modern ones will join. If this requirement is not complied with, the Lawyer of the Administration of Justice shall issue a decree inadmissibility of the application.

It shall be the responsibility of the Court dealing with the oldest proceedings, in accordance with article 75, to order the cumulation ex officio.

2. The seniority shall be determined by the date of the submission of the application, and the document proving that date must be submitted with the request for cumulation.

If the claims had been filed on the same day, the process that would have been dealt with first would be considered to be older.

If it is not possible to determine which of the claims was first distributed to be filed before different Tribunals or for any other cause, the application may be sought in any of the proceedings the consolidation of which is intended to take place.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.33 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 80. Cumulation of proceedings in the oral trial.

In oral trials, the backlog of proceedings pending before the same court shall be governed by the rules of the following section.

It is amended by Article 11 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 2 is amended by Art. 15.34 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 2.a: The backlog of pending proceedings before the same court

Article 81. Request for process accumulation.

Where proceedings are pursued before the same court, the joinder shall be requested in writing, which shall clearly indicate the proceedings the cumulation of which is sought and the procedural status in which they are found, and shall also state the reasons for the joinder.

An application for joinder of proceedings shall not suspend the course of proceedings sought to accumulate, except as provided for in article 88(2), although the Court shall refrain from delivering a judgment in any of them until it decides on the provenance of the joinder.

The second paragraph is amended by art. 15.35 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 82. Initial disclaimer of the request for cumulation of processes.

The court by order shall reject the request for cumulation if it does not contain the information required by the preceding article or if, according to what the request implies, the cumulation is not appropriate by reason of the class and type of proceedings, their procedural status and other procedural requirements set forth in the preceding articles.

Article 83. Substantiation and decision of the backlog incident. Resources.

1. In the form of the cumulation of proceedings, the Lawyer of the Administration of Justice shall transmit to the other parties in person and to all those who are parties to any of the proceedings whose cumulation is intended, even if they are not in the proceedings in which they have been requested, so that, within the common ten-day period, they may make allegations concerning the cumulation.

2. After that time limit, or when all parties to the incident are satisfied with the request for cumulation, the Tribunal, if it understands that the necessary budgets are in place, shall agree on the cumulation within five days.

3. Where there is no agreement between the parties, or where neither of the parties makes arguments, the Court shall decide what it deems appropriate, granting or refusing the requested cumulation.

4. Where cumulation is promoted ex officio, the Court shall, for a common period of 10 days, hear all those who are parties to the proceedings in question, in order for them to make submissions.

5. An order deciding on the cumulation requested shall not be subject to an appeal other than a replacement order.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.36 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 84. Effects of the auto that grants the accumulation.

1. The court shall order that the most modern proceedings be joined by the oldest, so that they continue to be conducted in the same procedure or by the same procedures and are decided in the same sentence.

2. If the backlog of proceedings is not at the same stage within the first instance, the Lawyer of the Administration of Justice shall agree to suspend the most advanced, until the others are in the same state, and the provisions of the second paragraph of Article 77(1) shall be applicable where appropriate.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.37 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 85. Effects of the court order denying accumulation.

1. Rejected, trials will be conducted separately.

2. An order refusing the cumulation shall sentence the party who promoted it to pay the costs of the incident if he has acted recklessly or in bad faith.

Paragraph 2 is amended by Art. 103.14 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Section 3.a: The backlog of proceedings pending before different courts

Article 86. Applicable rules.

The cumulation of proceedings pending before different courts shall be governed by the rules of the previous sections of this chapter, with the specialities indicated in the following articles.

Article 87. Request for process accumulation.

In addition to the provisions of article 81, the document requesting the joinder of proceedings must indicate the court before which the other proceedings are pending, the cumulation of which is intended.

Article 88. Non-suspensive effect of the application or the initiation of ex officio proceedings for the cumulation of proceedings.

1. The request or initiation of proceedings ex officio for the consolidation of proceedings shall not suspend the proceedings concerned, except from the moment when any of them is pending judgement only. In such a case, the time limit for issuing the decision shall be suspended.

2. Notwithstanding the foregoing, the Court may agree to suspend the trial or hearing in order to avoid that the conduct of such acts may affect the outcome and conduct of the evidence to be carried out in the other proceedings.

3. As soon as a request for cumulation is made, the Board of Appeal of the Administration of Justice shall inform the other Court of this fact, by the fastest means, in order to refrain in any case from issuing a judgment or to decide on the suspension provided for in the preceding paragraph, pending a final decision on the alleged cumulation.

4. The Counsel of the Administration of Justice shall transmit to the other parties concerned the request for cumulation so that, within a common period of 10 days, they may make allegations as to the provenance of the cumulation, and thereafter the Court shall decide within five days and in accordance with article 83 of this Act. Where the cumulation is refused, it shall be communicated by the Lawyer of the Administration of Justice to the other Court, which may issue a judgment or, where appropriate, proceed to the trial or hearing.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.38 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 89. Content of the order declaring the accumulation of processes to be appropriate.

Where the court considers that the cumulation is appropriate, it shall in the same order direct an office to the person hearing the other case, requiring the cumulation and referral of the relevant proceedings.

This office shall be accompanied by evidence of the records established by the same court and sufficient to give notice of the case for which the cumulation is sought and of the allegations made, if any, by the parties other than the applicant for the cumulation.

Article 90. Receipt of the request for joinder by the requested Tribunal and hearing of the litigants.

1. After receipt of the order and the testimony by the requested Court, the litigants who have appeared before the Court shall be transferred by the Legal Counsel of the Court.

2. If any person before the requested Tribunal was not present in the proceedings before the requesting Tribunal, he shall have five days to examine the office and the testimony in the Judicial Office, and to submit a written statement stating his right to join.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.39 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 91. Resolution on the requirement for cumulation.

1. After the five-day period referred to in the preceding article has elapsed, the court shall issue an order accepting or refusing the order for cumulation.

2. If neither party to the requested court objects to the cumulation or if they do not submit information or arguments other than those invoked before the requesting court, the requested court shall refrain from contesting the grounds of the order by requiring the cumulation of the requirements set out in articles 76 and 77, and may only base its refusal on the requirement that the cumulation should be made to the pending proceedings before the requested court.

Article 92. Effects of acceptance of the cumulation by the requested Tribunal.

1. If the request for cumulation has been accepted, the Board of Appeal of the Administration of Justice shall immediately notify those who are parties to the proceedings before the requested Court, so that within 10 days they may appear before the requesting Court, to which it shall refer the case, so that, where appropriate, they may continue their proceedings before it.

2. The Registrar shall agree to suspend the course of the most advanced proceedings until the other has reached the same procedural status, at which point the backlog shall be made.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.40 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 93. Effects of non-acceptance of the backlog by the requested court.

1. Where, in accordance with Article 91(2), the requested court does not accept the order for cumulation on the ground that it is inadmissible or on the grounds that the cumulation must be made to those who are suspended before it, it shall inform the requesting court and both shall refer the decision to the competent court to settle the discrepancy.

2. It shall be competent to resolve disputes concerning the cumulation of proceedings by the immediate superior court common to the applicant and requested.

Article 94. Substantiation of the discrepancy before the competent court.

1. For the purposes of the preceding article, both the requesting and the requested courts shall, as soon as possible, transmit to the competent court testimony of what, in order to resolve the discrepancy on cumulation, is done in their respective courts.

2. The requesting court and the requested court shall summon the parties to appear within a period of five days before the competent court and to plead in writing what they consider to be in their right.

Article 95. Decision of discrepancy.

1. The competent court shall, within 20 days, decide by order on the basis of the facts contained in the case and the written submissions of the parties, if they have been submitted. No appeal shall be lodged against the order issued.

2. If the cumulation of proceedings is agreed upon, the provisions of article 92 of this Act shall be ordered. If refused, the proceedings shall be conducted separately, where appropriate by the Legal Counsel of the Administration of Justice for the suspension agreed upon.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.41 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 96. Accumulation of more than two processes. Multiple accumulation requirements.

1. The provisions of this chapter shall apply in the event that more than two trials are required to join.

2. Where the same Court is required to join two or more proceedings in different courts or tribunals, the case shall be referred to the general superior by the Legal Counsel of the Administration of Justice and shall inform all applicants for a decision to be deferred to that superior. In this case, the provisions of the two preceding articles shall be complied with.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.42 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 97. Prohibition of a second accumulation incident.

1. Sucited incident of joinder of proceedings in a proceeding, no request for joinder of another subsequent trial will be accepted if the person who requested it had been the initiator of the trial who attempted to accumulate.

2. The application shall be rejected by a decree issued for that purpose by the Legal Aid Service. If, in spite of the above prohibition, the new incident is substantiated, the Court shall, as soon as the facts are known, declare the action null and void on the basis of the application, with the imposition of the costs to which it was brought.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.43 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 4.a From the accumulation of unique processes to universal processes

Article 98. Cases where the accumulation of unique processes corresponds to a universal process.

1. The accumulation of processes will also be decreed:

1. (1) Where a insolvency proceeding to which the flow against which any claim has been made or is made is pending. In such cases, proceedings shall be conducted in accordance with the provisions of the insolvency law.

2. Where a succession process is being followed to which the flow against which an action relating to that flow has been formulated or is being formulated is subject.

Except for the cumulation to which this number refers, enforcement proceedings are brought in which only mortgaged or pledged property is pursued, which in no case will be incorporated into the succession proceedings, irrespective of the date of commencement of enforcement.

2. In the cases provided for in the preceding subparagraph, cumulation must be requested before the court dealing with the universal process, and always, regardless of the older ones, must be made to the universal process.

3. The cumulation of proceedings, where appropriate, shall be governed, in this case, by the rules of this chapter, with the specialities laid down in the special legislation on insolvency and succession proceedings.

The second subparagraph of paragraph 1.2 is amended by final provision 3.3 of Law 22/2003 of 9 July. Ref. BOE-A-2003-13813

TITLE IV

Abstention and challenge

CHAPTER I

Abstentions and challenges: general provisions

Article 99. Scope of application of the Act and principle of legality.

1. In civil proceedings, the abstention and disqualification of judges, magistrates, as well as members of the Public Prosecutor's Office, lawyers of the Administration of Justice, experts and staff in the service of the Administration of Justice shall be governed by the provisions of this Title.

2. Abstentions and, where appropriate, recusal of the cases referred to in the preceding paragraph shall only take place when any of the cases referred to in the Organization of the Judiciary Act for the abstention and disqualification of judges and magistrates.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 100. Duty to abstain.

1. The judge or judge in whom a legally established case is brought shall refrain from hearing the case without waiting for a challenge.

2. The same duty shall be incumbent on the Counsel of the Administration of Justice and on the officials of the Prosecution and Administrative Management Corps, the Prosecution and Administrative Service or the Judicial Aid Service, the member of the Public Prosecutor ' s Office or the expert appointed by the Court in which any of the cases referred to in the law are dealt with.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.44 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 101. Active legitimation to recuse.

In civil matters, only the parties may challenge. The Public Prosecutor ' s Office may also challenge, provided that it is a proceeding in which, by reason of the nature of the rights in conflict, it may or must intervene.

Take into account final provision 17 for its application.

CHAPTER II

Abstention of Judges, Judges, Lawyers of the Administration of Justice, Prosecutors and staff in the service of civil courts

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 102. Abstention of Judges and Judges.

1. The abstention of the judge shall be communicated, respectively, to the section or chamber of which he or she is a member or to the court to which the functional competence to hear appeals against judgements is applicable, which he or she shall decide within 10 days. The communication of the abstention shall be made in writing reasoned as soon as the cause that motivates it is warned.

2. The abstention of the judge or judge shall suspend the proceedings pending a decision on the proceedings, which shall be agreed by the Counsel of the Administration of Justice.

3. If the Court referred to in paragraph 1 of this Article does not find the abstention to be justified, it shall order the Judge or Judge to continue to hear the case, without prejudice to the right of the parties to invoke the challenge. Once the order has been received, the Lawyer of the Administration of Justice shall issue an order for the suspension of the proceedings.

4. If the abstention by the competent court pursuant to paragraph 1 is deemed justified, the abstention shall issue an order definitively departing from the case and ordering the referral of the proceedings to which it is to be replaced. Where the person abstaining is a member of a collegial court, the order, which shall not be subject to appeal, shall be issued by the Chamber or Section to which the person abstaining belongs.

In both cases, the suspension of the proceedings shall terminate, respectively, when the substitute receives the proceedings or joins the Chamber or Section to which the absentee belonged.

5. Abstention and replacement of the Judge who has abstained shall be communicated to the parties, including the name of the substitute.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 2 and 3 are amended by Art. 15.45 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 103. Abstention of the Lawyers of the Administration of Justice.

Abstention from the lawyers of the Administration of Justice shall be governed by the rules laid down in the Organization of the Judiciary Act.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.46 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 104. Abstention of officials belonging to the Prosecution and Administrative Management, Prosecution and Administrative and Judicial Aid Corps.

1. Abstentions from officials of the Prosecution and Administrative Management Corps, Prosecution and Administrative Service, and Judicial Assistance shall be communicated in writing to those who are competent to issue a decision terminating the case or case at the respective instance, which shall decide on its provenance.

2. If the abstention is estimated, the official in whom the legal case is brought shall be replaced in the proceedings by the person legally required to replace him. If dismissed, it must continue to act on the matter.

It is amended by art. 15.47 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 105. Abstention from experts.

1. The expert appointed by the judge, section or chamber dealing with the case or, where appropriate, by the Legal Counsel of the Administration of Justice, shall abstain if any of the cases provided for by law are present. Abstentions may be oral or written, provided that they are duly justified.

2. If the reason for abstention exists at the time of appointment, the expert shall not accept the position and shall be replaced in the act by the alternate expert, where the expert has been appointed. If the alternate expert also refuses to accept the position, on the ground that the same or other grounds for abstention are present, the provisions of Article 342(2) of this Law shall apply. If the case is known or occurs after the acceptance of the position of expert, the abstention shall be decided, after the hearing of the parties, by the person who made the appointment. No appeal shall be lodged against the decision.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.48 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 106. Abstention of members of the Public Prosecutor ' s Office.

Abstentions by members of the Public Prosecutor ' s Office shall be governed by the rules laid down in its Organic Statute.

Take into account final provision 17 for its application.

CHAPTER III

Recusal of Judges and Judges

Article 107. Time and way to propose the challenge.

1. The challenge must be proposed as soon as the case on which it is based is known, since in another case it will not be admissible. In particular, the challenges shall be dismissed:

1. (1) If they do not propose within 10 days of notification of the first decision concerning the identity of the judge or judge to challenge, if the knowledge of the case of challenge is prior to the judge or judge.

2. When a case is proposed, pending, if the ground of challenge is known before the time of the proposed challenge.

2. The challenge shall be proposed in writing and shall state clearly and concretely the legal cause and the grounds on which it is founded, accompanied by a principle of proof of such grounds. This letter will be signed by the lawyer and attorney if they intervene in the lawsuit, and by the challenger, or by someone at his request, if he is unable to sign. In any event, the procurator must accompany special powers for the challenge in question. If a lawyer and prosecutor do not intervene, the challenger shall confirm the challenge to the Registrar of the court concerned.

3. Once the challenge has been formulated, the other parties to the proceedings shall be transferred to indicate, within a common period of three days, whether they adhere to or oppose the proposed challenge cause or if, at that time, they are aware of any other ground for challenge. A party which does not object within that period may not do so at a later date, unless it proves satisfactorily that, at that time, it did not know the new ground for challenge.

4. On the working day following the end of the period provided for in the preceding paragraph, the challenged person shall decide whether or not to admit the ground or grounds for challenge.

Paragraph 1 is amended and paragraph 4 is added by Article 15.49 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 108. Competence to investigate incidents of challenge.

1. They will instil in the recuse incidents:

1. Where the challenged person is the President or a Judge of the Supreme Court or a High Court of Justice, a Judge of the Chamber to which the challenged person belongs, appointed by a shift established by order of seniority.

2. Where the challenged person is a President of the Provincial High Court, a Judge of the Civil and Criminal Division of the relevant High Court of Justice, appointed on the basis of a shift established by order of seniority.

3. Where the challenged person is a judge of a hearing, a judge of the same hearing, appointed on a shift established by order of seniority, provided that he does not belong to the same section as the challenged person.

4. When all the judges of a Chamber of Justice are challenged, a judge from whom the relevant Tribunal is composed, appointed on the basis of a shift established by order of seniority, provided that he is not affected by the challenge.

5. Where the challenged person is a Judge or Judge holding a single-member body, a Judge of the Provincial High Court, appointed by a shift established by order of seniority.

6. Where the challenged person is a Justice of the Peace, the Magistrate of the party concerned or, if there are several courts of first instance, the judge appointed on the basis of a shift established on an order of seniority.

The seniority shall be governed by the order of rank in the judicial career.

2. In cases where it is not possible to comply with the provisions of the preceding subparagraph, the Governing Chamber of the relevant Tribunal shall appoint the investigator, ensuring that he is of a higher rank or, at least, of a higher age than the challenged or challenged.

Paragraph 1 is amended by Article 15.50 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 109. Substantiation of the challenge incident and its effects in the main case.

1. On the same day as the end of the period referred to in Article 107(3), or on the following working day, the Board of the Administration of Justice shall pass on the case or case to the substitute, and the pleading and the documents of the challenge shall be referred to the appropriate court.

A report of the challenge must also be accompanied as to whether or not it admits the ground of challenge.

2. Objections which do not state the reasons on which they are founded or which are not accompanied by the documents referred to in Article 107(2) shall not be admissible.

3. If the challengeee accepts as true the cause of the challenge, the incident will be resolved without further formalities. Otherwise, the investigator, if he admits to the proposed challenge, shall order the relevant and necessary evidence to be used within 10 days and shall then refer the matter to the court competent to decide the incident.

After receipt of the proceedings by the Court competent to decide on the challenge, the Counsel of the Administration of Justice shall forward them to the Public Prosecutor for a report within three days. After that period, with or without a report from the Public Prosecutor's Office, the incident will be decided within five days. There shall be no appeal against such a decision.

4. The challenge will suspend the course of the lawsuit until the challenge incident is decided.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1, the second subparagraph of paragraph 3 and paragraph 4 are amended by Article 15.51 of Law 13/2009 of 3 November.Ref. BOE-A-2009-17493

Article 110. Competence to decide the challenge incident.

They will decide on the incidents of recusal:

1. The Chamber envisaged in the Article 61 of the Organic Law on the Judiciarywhere the challenged person is the Chief Justice, the Chief Justice of the Civil Division or two or more judges of that Chamber.

2. The Civil Division of the Supreme Court, when one of its judges is challenged.

3. The Chamber referred to in Article 77 of the Organic Law on the Judiciarywhere the President of the High Court of Justice, the President of the Civil and Criminal Division of the High Court, the President of the Provincial Court based in the corresponding Autonomous Community, or two or more judges of the Civil and Criminal Division of the High Courts of Justice or two or more judges of a Section or of a Provincial Court, have been challenged.

4. The Civil and Criminal Division of the High Courts of Justice, when one or more judges of these Tribunals are challenged.

For the purposes set out in the preceding paragraphs, the challenge shall not be part of the Chamber.

5. Where the challenged person is a Magistrate of a Provincial High Court, the Provincial High Court, without the challenge being part of it, or, if the challenge is composed of two or more sections, the Section in which the challengeee is not integrated or the Section following in numerical order to which the challengeee is a party.

6. When the challenged person is a Judge of First Instance or a Judge of the Commercial Court, the Section of the Provincial High Court hearing appeals against his decisions, and, if there are several, a shift shall be established beginning with the First Section.

7. When the accused is a Justice of the Peace, the same investigating judge shall decide on the challenge incident.

It is amended by art. 15.52 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 111. Specialities of the challenge incident in oral trials. Other special cases.

1. In the proceedings conducted through the channels of the oral trial, if the challenged judge does not accept the ground of challenge as certain, the proceedings to which it is appropriate to investigate the incident shall pass on to the accused, the main case being suspended in the meantime. Within five days of the hearing of the parties and after the hearing of the evidence declared relevant, the parties shall be summoned by the Office of the Counsel of the Administration of Justice to the presence of the investigator and the investigator shall decide by order in the same act whether or not the challenge has been made.

2. For the challenge of judges following the hearing, the provisions of articles 190 to 192 of this Act shall apply.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.53 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 112. Decision of the incident, costs and fine.

1. An order dismissing the challenge shall agree to return to the challenged party the knowledge of the case or case, in the state in which the challengeer is found and shall be ordered to pay the costs, unless exceptional circumstances warrant another decision. Where the decision deciding the incident expressly states that there is bad faith in the challenger, a fine of 180 to 6,000 euros may be imposed on the challenger.

2. An order that considers the challenge shall definitively remove the challengeee from the knowledge of the case or cause. He will continue to know of it until its completion, the one to whom it is appropriate to replace it.

The amounts referred to in paragraph 1 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Article 113. Notification of the order and remedies.

No appeal shall be lodged against the decision of the challenge incident, without prejudice to the appeal against the decision of the suit or case, against the possibility of nullity of the decision on the grounds that the judge or judge who issued the contested decision, or who joined the relevant Chamber or Section, is present in the contested case.

Take into account final provision 17 for its application.

CHAPTER IV

Recusal of the Civil Court Administration Lawyers

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The heading is amended by Art. 15.54 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 114. Applicable regulation.

(No content)

It is left without content by art. 15.55 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 115. Recusal. Competence to instruct and resolve recuse incidents.

1. The requirements laid down by the Constitution shall apply to the disqualification of the Registrars. Organization of the Judiciary Act for Judges, with the following specialities:

(a) Legal persons of the Administration of Justice may not be challenged during the course of any proceedings or proceedings for which they are responsible.

(b) The challenge shall be decided by the respective Secretary of Government, upon instruction of the incident by the relevant Coordinating Secretary or, where appropriate, a Counsel of the Administration of Justice designated by him.

It is amended by final provision 4.2 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 15.56 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 116. Recusal report.

If the challenge has been lodged, the challenged Counsel shall inform the Secretary of the Administration of Justice in detail in writing whether or not he recognizes the case as true and lawful, and shall transmit the complaint to the relevant Coordinating Secretary for the Secretary of the Government or, where appropriate, directly to the Secretary of the Government who is required to hear the challenge.

It is amended by final provision 4.3 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 15.57 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 117. Acceptance of the challenge for the challenge.

1. When the challengeee recognizes the ground for the challenge as true, the Government Secretary shall issue a decree, without further formalities and without further recourse, calling it a challenge, if he considers the case to be legal.

2. If he considers that the case is not one of those defined in the Act, he shall declare that there is no place for the challenge. No appeal shall be made against this decree.

It is amended by final provision 4.4 by Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 118. Opposition of the challenge and substantiation of the challenge.

If the challengeee denies the certainty of the case alleged as the basis for the challenge, if the investigator admits the proposed challenge to be processed, the Coordinating Registrar shall order the application, within 10 days, of the requested evidence which he deems relevant and useful, and shall be transferred to the Public Prosecutor for a period of three days. After this time limit, with or without a report from the Public Prosecutor's Office, he shall forward it to the Government Secretary who shall decide the incident within five days. There shall be no appeal against such a decision.

It is amended by final provision 4.5 by Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 15.58 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 119. Replacement of the challenged Justice Administration Litigation.

From the moment the challenge is filed, the challenged Counsel shall be replaced by his legal substitute.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

CHAPTER V

Recusal of officials belonging to the Prosecution and Administrative Management Corps, the Prosecution and Administrative Service and the Judicial Aid Service

The heading is amended by Art. 15.59 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 120. Applicable legislation.

(No content)

It is left without content by art. 15.60 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 121. Recusal. Competence to instruct and resolve the challenge incident.

1. Recusal of staff members of the Prosecution and Administrative Management Corps, the Prosecution and Administrative Service and the Judicial Aid Service shall be possible only on the grounds of the law.

2. The Registrar to whom they are reporting shall be competent to deal with the challenge incident and shall be decided by the person competent to issue the decision terminating the case or case in the respective instance. No appeal shall be lodged against the decision resolving the incident.

It is amended by art. 15.61 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 122. Inadmissibility of the challenge.

If, in the light of the challenge, the Legal Counsel of the Administration of Justice considers that the case is not one of those defined in the law, he shall inadmit the petition in the act expressing the reasons for such inadmissibility. No appeal shall be lodged against this decision.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.62 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 123. Substantiation of the incident; acceptance or refusal of the challenge by the challengeee.

1. Admitted to the challenge, and on the day following its receipt, the challengeee shall make a statement to the Counsel of the Administration of Justice whether or not the case is brought. When the ground for challenge is recognized as true, the Justice Administration Counsel shall agree to replace the challengeee by the person legally required to replace him. There shall be no appeal against this decision.

2. If the challengeee denies the certainty of the case alleged as the basis of the challenge, the Counsel of the Administration of Justice, having heard what the challengeee alleges, within the fifth day and after having carried out the verifications that the challengeee proposes and are relevant or which he himself considers necessary, shall refer the action to the person to be resolved for the purpose of deciding the incident.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

CHAPTER VI

Recusal of experts

Article 124. Scope of the challenge of experts.

1. Only experts appointed by the court by drawing lots may be challenged, as provided for in this chapter. This provision applies to both incumbent and alternate experts.

2. The experts who make opinions submitted by the parties may only be subject to cross-reference on the grounds and in the manner provided for in articles 343 and 344 of this Law, but not challenged by the parties.

3. In addition to the grounds for challenge provided for in the Organization of the Judiciary Act, are causes of challenge of the experts:

1. To have given earlier on the same matter an opinion contrary to the disputing party, either within or outside the proceedings.

2.a Having provided services as such to the opposing litigant or being dependent or partner of the opposing litigant.

3.a Have participation in society, establishment or enterprise that is part of the process.

Article 125. How to propose the challenge of experts.

1. The challenge shall be made in writing signed by the lawyer and the party ' s procurator, if they intervene in the case, and addressed to the court-holder or the Judge-Rapporteur, if the case is a collegial court. This document shall specify the cause of the challenge and the means of proving it, and shall accompany copies for the challenge and for the other parts of the proceedings.

2. If the ground for the challenge is prior to the appointment of the expert, the brief shall be submitted within two days of the notification of the appointment.

If the case is subsequent to the designation, but prior to the delivery of the opinion, the challenge document may be submitted before the day indicated for the trial or hearing or at the beginning of the hearing.

3. After the trial or hearing, the expert may not be challenged, without prejudice to the fact that those grounds for challenge existing at the time of the decision but known after it may be brought to the attention of the court before the judgement is rendered and, if this is not possible, to the court competent for the second instance.

Article 126. Admission of the challenge letter.

Proposal in time and form the challenge, will be sent copy of the letter to the challenged expert and the parties. The challengeee must make a statement to the Legal Counsel of the Administration of Justice whether or not the cause on which the challenge is based is true. If he recognizes it as true and the Registrar considers the recognition to be well founded, he shall be deemed to have been challenged without further formalities and shall be replaced, if necessary, by the alternate. If the defendant is the substitute, and recognizes the certainty of the case, the provisions of article 342 of this law shall apply.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.63 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 127. Substantiation and decision of the challenge incident.

1. Where the expert denies the certainty of the ground of challenge or the expert ' s recognition of the attendance of that case is not accepted, the Legal Aid Service shall order the parties to appear in the presence of the Tribunal on the day and time indicated by the evidence that they attempt to avail themselves of and assist their lawyers and attorneys, if their intervention is mandatory in the proceedings.

2. If the challenger does not appear, the Legal Counsel of the Administration of Justice will have you dismissed from the challenge.

3. If the challengeer appears and insists on the challenge, the court shall accept the relevant and useful evidence and shall then decide by order whatever it deems appropriate.

If the challenge is estimated, the challenged expert shall be replaced by the alternate. If, since the challenged person is an alternate, there are no more experts, the proceedings shall be conducted in accordance with article 342 of this Law.

4. No appeal shall be made against a decision on the challenge of the expert, without prejudice to the right of the parties to raise the matter at the higher level.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15.64 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 128. Costs.

The rules governing the award of costs applicable to the challenge of experts shall be the same as those for the event of the challenge of judges and magistrates.

TITLE V

Judicial proceedings

CHAPTER I

The place of judicial proceedings and procedural acts by means of a telematic presence

The heading is amended by Art. 103.15 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 129. Place of proceedings.

1. The judicial proceedings shall be conducted at the seat of the Judicial Office, except for those proceedings which by their nature are to be carried out elsewhere.

2. Proceedings to be conducted outside the judicial party where the seat of the court hearing the proceedings is located shall, where appropriate, be conducted by videoconference whenever possible and, in other cases, by judicial assistance.

3. By way of derogation from the preceding paragraph, courts may be established anywhere in the territory of their constituency for the conduct of proceedings where necessary or appropriate for the proper administration of justice.

They may also travel outside the territory of their constituency for the purpose of taking evidence, as provided for in this Act and in the Article 275 of the Judiciary Organization Act.

4. Legal proceedings may also be carried out through videoconference, in accordance with the terms set out in Article 229 of Organic Law 6/1985 of 1 July 1985, of the Judiciary.

Paragraph 2 is amended and Article 4 is added. 103.16 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The title and paragraph 1 are amended by Art. 15.65 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 129 bis. Conduct of procedural acts by telematic presence.

1. The court or tribunal, which is established at its seat, shall, if the judicial offices have at their disposal the necessary technical means, preferably by means of a telematic presence, conduct the acts of trial, hearings, hearings, appearances, statements and, in general, all the procedural acts. Intervention by telematic presence shall always be carried out through a secure access point, in accordance with the regulations governing the use of technology in the Administration of Justice.

2. However, the provisions of the preceding subparagraph, in the case of acts aimed at the hearing, testimony or questioning of parties, witnesses or experts, the examination of the minor, personal judicial recognition or interviewing of a person with disabilities, the physical presence of the person to be involved and, where this is one of the parties, that of his or her defence counsel shall be necessary. The following cases shall be excluded from the provisions of this paragraph:

(a) Those in which the judge or court, in accordance with the circumstances of the case, provides otherwise.

(b) If the person to intervene resides in a municipality other than the one in which the court is based. In this case, he may intervene, at his request, in a safe place within the municipality in which he resides, in accordance with the regulations governing the use of technology in the Administration of Justice.

(c) In cases where the intervener does so as a public authority or official, then acting from a secure point of access.

3. In any event, the judge or court may determine by reasoned decision the physical participation of any intervener referred to in points (b) and (c) of paragraph 2 above, when it considers, in the light of specific cases and in the specific case, that the act requires his physical presence.

4. The provisions of this Article shall apply to proceedings only before the lawyers of the Administration of Justice or representatives of the Ministry of Public Prosecutions, who in such cases may also decide on the provisions of paragraphs 2 and 3.

5. The necessary measures will be taken to ensure that the rights of all parties to the process are guaranteed in the use of electronic methods. In particular, the right to effective legal aid, interpretation and translation, information and access to judicial records.

It is added by art. 103.17 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This article enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Text added, published on 20/12/2023, in force from 20/03/2024.

CHAPTER II

Time of the proceedings

Section 1.a Working days and hours

Article 130. Days and working hours.

1. Proceedings shall be conducted in days and working hours.

2. These days are not open for procedural purposes on Saturdays and Sundays, and the days between 24 December and 6 January of the following year, including national holidays and public holidays for work purposes in the respective Autonomous Community or locality. They will also be inoperable on the days of August.

3. Working hours are defined as working hours ranging from 8 a.m. to 8 p.m., unless the law, for specific action, provides otherwise.

For acts of communication and execution, working hours shall also be considered as those from eight o'clock to ten o'clock at night.

4. The provisions of the preceding paragraphs shall be without prejudice to what may be established for electronic proceedings.

Paragraph 2 is amended by final provision 2 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Please note that this amendment enters into force on the day of its publication, as provided for in the sixth final provision of the aforementioned Organic Law.

Paragraph 4 is added by the sole article.12 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 2 is amended by Art. 15.66 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 131. Enabled days and hours inoperable.

1. On their own initiative or at the request of a party, the Courts may permit the days and hours of absence, if there is an urgent case requiring it. This authorization shall be granted by the Legal Aid Officers of the Administration of Justice when it is intended to conduct proceedings in matters within their exclusive competence, in the case of proceedings ordered by them or when they are intended to give effect to decisions handed down by the Tribunals.

2. The proceedings of the court whose delay may cause serious harm to the persons concerned or to the proper administration of justice, or cause the ineffectiveness of a court decision, shall be considered urgent.

3. For the urgent proceedings referred to in the preceding paragraph, the days of August shall be valid, without the need for express authorization. Nor will it be necessary to allow urgent proceedings to continue during the necessary period of time which have been initiated in working hours.

4. No appeal shall be admissible against decisions granting leave to work for days and hours.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 4 are amended by Article 15.67 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 2.a Time limits and terms

Article 132. Time limits and terms.

1. The proceedings shall be carried out in accordance with the terms or within the time limits specified for each of them.

2. Where no time limit or time limit is fixed, it shall be deemed to have to be carried out without delay.

3. Infringement of the provisions of this article by the courts and personnel in the service of the Administration of Justice in the absence of a fair trial shall be disciplined in accordance with the provisions of the Organization of the Judiciary Actwithout prejudice to the right of the injured party to demand such other responsibilities as may be appropriate.

Paragraph 1 is amended by Article 15.68 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 133. Compute of the deadlines.

1. The time limits shall begin to run from the day following the day on which the act of communication has been carried out on which the law makes the beginning of the period dependent, and shall be counted on them on the day of expiry, which shall expire at 24 hours.

However, where the Act indicates a period beginning to run from the end of another, that period shall be counted, without further notification, from the day following the date of expiry of that period.

2. The calculation of the time limits specified by days shall exclude inhabile.

For the periods specified in the urgent proceedings referred to in Article 131(2), the days of August shall not be deemed to be inoperable and only Saturdays, Sundays and public holidays shall be excluded from the calculation.

3. The periods specified by month or year shall be counted from date to date.

Where there is no day in the month of expiry equivalent to the initial calculation, the period shall be deemed to expire on the last of the month.

4. Time limits ending on Saturday, Sunday or another unfailing day shall be deemed to be extended until the next skilled day.

Paragraphs 2 and 4 are amended by Article 15.69 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 134. Irrerogability of time limits.

1. The time limits laid down in this Act are not subject to derogation.

2. However, the time limits may be interrupted and the terms may be delayed in the event of force majeure which prevents them from being complied with, and their calculation may be renewed at the time when the cause determining the interruption or delay has ceased. The attendance of force majeure shall be appreciated by the Counsel of the Administration of Justice by decree, ex officio or at the request of the party who suffered it, with a hearing of the others. An appeal for review may be lodged against this decree, which will produce suspensive effects.

3. The time limits may also be interrupted and the terms delayed for a period of three working days when objective reasons of force majeure affecting the professional person of the legal profession or of the public prosecutor are communicated by the Bar Associations or Attorneys or by the parties concerned, such as birth and care of a minor, serious illness and accident with hospitalization, death of relatives until the second degree of consanguinity or affinity or absence from work certified by the social security or health or equivalent social security system.

Paragraph 3 is added by Art. 225.1 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.70 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 135. Submission of pleadings, for the purpose of the time requirement of procedural acts.

1. Where judicial offices and persons involved in proceedings are obliged to use existing telematic or electronic systems in the Administration of Justice in accordance with article 273, they shall transmit and receive all submissions, initiators or not, and other documents through such systems, with the exception of the exceptions provided for in the law, in such a way as to ensure the authenticity of the communication and to provide a reliable record of the full transmission and receipt, as well as of the date on which they are made. This will also apply to those actors who, without being obliged, opt for the use of telematic or electronic systems.

Written documents and documents may be submitted in electronic format every day of the year for 24 hours.

If the written documents and documents are submitted by telematic means, they shall automatically be received by the same means, with an expression of the registration entry number and the date and time of submission, in which they shall be deemed to have been submitted for all purposes. In the event that the presentation takes place on a day or time which is unfit for procedural purposes in accordance with the law, it shall be deemed to have taken place on the first day and working hour following.

For the purposes of proof and compliance with legal requirements requiring the availability of original documents or reliable copies, the provisions of Article 162 shall be complied with.

2. Where the submission of mandatory submissions by the electronic means referred to in the preceding paragraph is not possible by unplanned interruption of the telematic or electronic communications service, where possible measures shall be taken to inform the user of this circumstance and of the effects of the suspension, with express indication, where appropriate, of the extension of the deadlines for imminent expiry. The sender may, in this case, make his or her presentation at the judicial office on the first working day following the receipt of proof of such interruption.

In cases of planned interruption, it shall be announced in good time, informing of any alternative means of submission that may be appropriate.

Where the submission of written submissions within a period of time is impeded by limitations, including time limits, in the use of technological solutions by the Administration of Justice, established in accordance with the regulations governing the use of technology in the Administration of Justice, the sender may, as a rule, proceed with its submission on the first working day following, justifying it sufficiently before the judicial office. In the event that the impossibility of submission is due to the nature of the document to be submitted or the size of the file, the sender shall, in this case, proceed to the submission of the document by electronic means and submit to the judicial office within the first working day following the document or documents which he has not been able to attach.

3. If the telematic or electronic communications service is insufficient for the presentation of the documents or documents, it shall be submitted electronically to the judicial office on that day or the following working day, together with the proof issued by the server of having attempted the submission unsuccessfully. In such cases, receipt of receipt will be given.

4. Without prejudice to the foregoing, written submissions and documents shall be submitted on paper where interested parties are not obliged to use the telematic media and would not have chosen to do so, where they are not susceptible to conversion into electronic format and in the other cases provided for by law. These documents, as well as the accompanying instruments or effects, shall be deposited and kept in the archive, management or final, of the judicial office, at the disposal of the parties, and shall be assigned a serial number, and shall be recorded in the electronic judicial record of their existence.

In the event of the submission of paper documents and documents, the official designated for that purpose shall affix in the pleadings initiating the proceedings and any other documents whose submission is subject to a period of time to bear the stamp in which the judicial office to which it is lodged shall be registered and the date and time of the submission.

5. The submission of documents and documents, in whatever form, if subject to a time limit, procedural or substantive, may take place up to 15 hours on the working day following the expiry of the period.

In civil court proceedings, filing of briefs shall not be allowed in the court providing the guard service.

Paragraphs 2 and 5 are amended by Art. 103.18 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 13 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

It is amended by final provision 6.1.1 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 136. Preclusion.

After the period of time or after the end of the period indicated for the performance of a procedural act of a party, the proclusion shall take place and the opportunity to carry out the act in question shall be lost. The Counsel of the Administration of Justice shall record the length of the period of time by means of diligence and shall agree as appropriate or report to the court for the purpose of making the relevant decision.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

CHAPTER III

From immediacy, advertising and the official language

Article 137. Judicial presence in statements, evidence and hearings.

1. The judges and judges of the court hearing a case shall witness the statements of the parties and witnesses, the appearances, the statements, explanations and answers to be given by the experts, as well as the oral criticism of their opinion and any other evidence which, in accordance with the provisions of this Law, must be carried out in a contradictory and public manner.

2. Hearings and appearances for the purpose of hearing the parties prior to making a decision shall always be held before the judge or judges of the court hearing the case.

3. The provisions of the preceding paragraphs shall apply to the litigants of the Administration of Justice in respect of actions to be taken only before them.

4. Infringement of the provisions of the preceding paragraphs shall render the proceedings in question null and void.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is renumbered 4 and paragraph 3 is added by Article 15.71 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 137 bis. Conduct of judicial proceedings through the videoconference system.

1. Court proceedings conducted by videoconference shall be documented in the manner set out in article 147 of this Act. The court shall ensure compliance with the principle of publicity by agreeing on such measures as may be necessary to ensure that the procedural proceedings which are public and conducted in this way are accessible to citizens.

2. Professionals, as well as parties, experts and witnesses who are required to intervene in any action by videoconference, shall do so from the judicial office corresponding to the judicial party of their home or workplace. In the case of adequate means, such intervention may also be carried out from the court of the peace of his domicile or his place of work.

3. Where the judge, in the light of the circumstances involved, deems it appropriate, such interventions may be made from any place, provided that he has the means to ensure the identity of the intervener in accordance with the regulations. In any event, where the declarant is a minor or a person for whom a procedure for judicial measures of support of persons with disabilities is to be seen, a declaration by videoconference may only be made from a judicial office, in accordance with paragraph 2.

Victims of gender-based violence, sexual violence, trafficking in human beings, and victims of minors or persons with disabilities may intervene from places where they are officially receiving assistance, care, counselling and protection, or from any other place, if the judge deems it appropriate, provided that they have sufficient means to ensure their identity and the appropriate conditions for intervention as determined by regulations.

4. The use of videoconferencing facilities must be requested well in advance and in any case 10 days before the required time for the relevant action.

5. The provisions of the preceding paragraphs shall also apply to actions to be carried out only before the Legal Aid Service.

6. The provisions of this Article shall be implemented by ensuring universal accessibility.

It is added by art. 103.19 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This article enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Text added, published on 20/12/2023, in force from 20/03/2024.

Article 138. Publicity of oral proceedings.

1. Evidence proceedings, hearings and appearances for the purpose of hearing the parties before a decision is rendered shall be conducted in a public hearing.

2. The proceedings referred to in the preceding paragraph may, however, be held in camera where this is necessary for the protection of public order or national security in a democratic society, or where the interests of minors or the protection of the private life of the parties and other rights and freedoms so require, or, in short, to the extent the court considers it strictly necessary, where, owing to the occurrence of special circumstances, publicity may prejudice the interests of justice.

3. Before agreeing to conduct any proceedings in camera, the court shall hear the parties present at the event. The decision shall take the form of an order and against it no appeal shall be allowed, without prejudice to protest and to raise the question, if admissible, in the appropriate appeal against the final judgment.

Legal persons of the Administration of Justice may adopt the same measure by decree in those proceedings which must be conducted in matters within their exclusive competence. In the face of this decree, there will be only recourse to replacement.

4. The statement of reasons of the judicial body shall be made public. Legal persons of the Administration of Justice shall ensure that the competent officials of the Judicial Office publish in a place visible to the public, on the first working day of each week, the list of entries corresponding to their respective judicial body, indicating the date and time of their conclusion, type of action and number of proceedings.

Paragraph 4 is added and the references to "judicial secretaries" are amended by final provision 4.6 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

The second subparagraph is added to paragraph 3 by Article 15.72 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 139. Secret of the deliberations of the collegial courts.

The deliberations of the collegial courts are secret. The result of the voting shall also be the same, without prejudice to the provisions of the law on advertising of individual votes.

Article 140. Information about the performances.

1. Legal persons of the Administration of Justice and competent officials of the Judicial Office shall provide any person who proves a legitimate and direct interest with any information requested on the status of the judicial proceedings, which they may examine and hear, unless they are or have been declared reserved in accordance with the law. They may also request, at their own expense, simple copies of written documents and documents contained in the documents, which are not declared reserved.

2. At the request of the persons referred to in the preceding paragraph, and at their expense, testimony and certificates shall be issued by the Office of the Counsel of the Administration of Justice, with the expression of their addressee.

3. By way of derogation from the preceding paragraphs, the courts may, by way of order, accord reserved status to all or part of the orders where such a measure is justified in the light of the circumstances set out in Article 138(2).

Proceedings of a reserved nature may be known only to the parties and their representatives and defenders, without prejudice to the provisions concerning facts and data of criminal, tax or other relevance.

Paragraphs 1 and 2 are amended by final provision 4.7 by Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 141. Access to books, archives and court records.

Persons who demonstrate a legitimate interest may access books, archives and judicial records that are not reserved and obtain at their expense testimony or certification of the points indicated.

Article 141 bis.

In the cases provided for in the two preceding articles, in the simple copies, testimonies and certifications issued by the Lawyers of the Administration of Justice, whatever the support used for this purpose, when necessary to protect the best interests of the minors and to preserve their privacy, personal data, images, names and surnames, domicile, or any other information or circumstance that may directly or indirectly permit their identification, must be omitted.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is added by final provision 2.1 of Law 54/2007 of 28 December. Ref. BOE-A-2007-22438

Text added, published on 29/12/2007, in force from 30/12/2007.

Article 142. Official language.

1. In all judicial proceedings, the judges, magistrates, prosecutors, lawyers of the Administration of Justice and other officials of courts and tribunals shall use Spanish, the official language of the State.

2. Judges, magistrates, lawyers of the Administration of Justice, prosecutors and other officials of courts and tribunals may also use the official language of the Autonomous Community, if neither party objects, alleging ignorance of it that it could produce defencelessness.

3. The parties, their attorneys and lawyers, as well as witnesses and experts, may use the language which is also official in the Autonomous Community in whose territory the judicial proceedings take place, both in oral and written statements.

4. Judicial proceedings and documents submitted in the official language of an Autonomous Community shall have full validity and effectiveness without the need for translation into Spanish, but their translation shall be carried out ex officio when they are to take effect outside the jurisdiction of the judicial bodies located in the Autonomous Community, except in the case of autonomous communities with a corresponding official language. Translation shall also be carried out when the law so provides or at the request of a party alleging defencelessness.

5. In oral proceedings, the court may, by means of an order, enable any person who knows the language used to interpret it, upon oath or promise of faithful translation.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 143. Intervention by interpreters.

1. If a person who does not know Spanish or, where appropriate, the official language of the Community is to be questioned or given a statement, or if it is necessary to make a decision known to him in person, the Registrar may, by decree, enable any person who knows the language in question to be an interpreter, with an oath or promise of faithful translation being required.

Without prejudice to the foregoing, the provision of interpretation services in cross-border disputes shall in any event be ensured to a person who does not know Spanish or, where appropriate, the official language of the Autonomous Community, in accordance with the terms laid down in Act 1/1996 of 10 January 1996, regulation of Free Legal Aid.

A record of the proceedings in these cases shall be drawn up, including the texts in the original language and their translation into the official language, which shall also be signed by the interpreter.

2. In the same cases as in the previous paragraph, if the person is deaf, the appropriate sign language interpreter shall always be appointed, as provided for in the paragraph above.

The appropriate record shall be drawn up of the proceedings in relation to deaf persons.

Paragraph 1 is amended by Article 15.73 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

It is amended by additional provision 12.1 of Organic Law 19/2003 of 23 December. Ref. BOE-A-2003-23644

Article 144. Documents written in an unofficial language.

1. Any document drawn up in a language other than Spanish or, where appropriate, the official language of the Autonomous Community concerned shall be accompanied by a translation thereof.

2. Such translation may be made privately and, in such a case, if one of the parties contests it within five days of the transfer, stating that it is not considered faithful and accurate and expressing the reasons for the discrepancy, the Counsel of the Administration of Justice shall order the official translation of the document, at the expense of the person who submitted it, in respect of the disputing party.

However, if the official translation made at the request of the party proves to be substantially identical to that of the private party, the expenses resulting therefrom shall be borne by the applicant.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The first subparagraph of paragraph 2 is amended by Article 15.74 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER IV

Public faith in the courts and the documentation of proceedings

Article 145. Judicial public faith.

1. It is for the Legal Counsel of the Administration of Justice, with exclusivity and completeness, to exercise the public judicial faith in the proceedings.

Specifically, the Legal Aid Service:

1. or shall give evidence, by itself or by means of the corresponding register, of the operation of which he shall be responsible, of the receipt of written documents and receipts accompanying them, issuing, where appropriate, the certifications requested by the parties in this matter.

2. shall give evidence of the conduct of procedural acts in or before the Tribunal and of the production of facts of procedural significance, by means of appropriate records and proceedings, whatever the medium used.

3. Provide certifications or testimonies of judicial proceedings not declared secret or reserved for the parties, with the expression of the addressee and the purpose for which they are requested.

4. Authorizes and documents in accordance with article 24 of this law the granting of powers for litigation.

2. In the performance of these duties, it shall not require additional witness intervention.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.75 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 146. Documentation of the proceedings.

1. Procedural proceedings other than written proceedings and documents shall be documented by means of records and proceedings.

Where technical means of recording or reproduction are used, they shall ensure the authenticity, integrity and unalterability of the engraving in terms established by the regulations governing the uses of technology in the Administration of Justice. In any event, the legal counsel of the Administration of Justice shall ensure the proper use of the same, and shall use electronic signatures or other security systems in accordance with the law for the above purposes.

2. Where the law provides for a record to be drawn up, all actions shall be taken in the record, with the necessary length and detail.

In the case of proceedings under this law to be registered in a suitable medium for recording and reproduction, and the lawyer or lawyer of the Administration of Justice has electronic signature or other security system that, according to the law, guarantees the authenticity and integrity of the engraving, the electronic record thus generated shall constitute the record for all purposes. Without prejudice to any other measures to identify the interveners, they shall, under their responsibility, express their name and surname before the presiding authority of the act in such a way as to be recorded in the recording.

If the guarantee mechanisms provided for in the preceding paragraph cannot be used, the counsel or counsel of the Administration of Justice shall record in the minutes the following points: number and type of proceedings; place and date of celebration; duration; attendance at the act; petitions and proposals of the parties; in the event of the presentation of evidence, declaration of relevance and order in the practice of the evidence; decisions adopted by the judge or court, as well as the circumstances and occurrences that could not be recorded in that medium.

In such cases, or where the means of registration provided for in this Article cannot be used for any reason, the minutes shall be drawn up by computerised procedures, without being handwritten more than on occasions when the chamber in which the proceedings are being conducted lacks computerised means.

3. The courts may use technical means of documenting and filing their proceedings and the documents and documents they receive, with the guarantees referred to in article 135 (1) of this Law. They may also use technical means for monitoring the status of processes and statistics relating to them.

Paragraphs 1 and 2 are amended by Article 103.20 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 3 is amended by the sole article 14 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15.76 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 147. Documentation of the performances using image and sound recording and reproduction systems.

Oral proceedings in hearings, hearings and appearances before judges or magistrates or, where appropriate, before the lawyers of the Administration of Justice, shall be recorded in a form suitable for recording and reproducing sound and image.

Provided that the necessary technological means are available, they shall guarantee the authenticity and integrity of the engraving or reproduction. To that end, the lawyer or lawyer of the Administration of Justice shall make use of the electronic signature or other security system provided by law. In this case, the holding of the act shall not require the presence in the chamber of the lawyer or lawyer of the Administration of Justice unless requested by the parties, at least two days before the hearing, or exceptionally deemed necessary by the legal counsel of the Administration of Justice in view of the complexity of the case, the number and nature of the evidence to be carried out, the number of participants, the possibility of occurrences that could not be recorded, or the attendance of other equally exceptional circumstances justifying it. In such cases, the legal counsel of the Administration of Justice shall issue a summary record as provided for in the preceding article.

Oral proceedings and hearings recorded and documented in digital media may not be transcribed, except in cases where a law so determines.

The judicial office shall ensure the correct incorporation of the recording into the electronic judicial record.

If the systems do not provide electronic judicial records, the lawyer or lawyer of the Administration of Justice shall guard the electronic record that supports the recording.

The parties may request, at their own expense, copies or electronic access of the original recordings.

It is amended by art. 103.21 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The first paragraph is amended by the sole article 15 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

It is amended by final provision 4.8 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 15.77 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 148. Training, custody and maintenance of the court orders.

Counsel of the Administration of Justice shall be responsible for the proper formation of the case, recording the decisions of the courts, or themselves, when authorized by law. They shall also be held responsible for the preservation and custody of such documents, except for the time in which they are held by the judge or judge-Rapporteur or other judges who are members of the Tribunal.

In cases where the judicial body has an electronic judicial record, they shall be properly trained, applying or ordering the application, within their jurisdiction, of the rules on electronic judicial record.

It is amended by art. 103.22 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.78 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER V

Acts of judicial communication

Article 149. Classes of communication events.

The procedural acts of communication shall be:

1. Notifications, when they are intended to give notice of a decision or action.

2nd Locations, to meet and to act within a period.

3rd Citations, when they determine the place, date and time to appear and act.

4. Requirements for ordering, according to law, conduct or inactivity.

5th Commandments, to order the issuance of certifications or testimonies and the practice of any action the execution of which corresponds to the Registrars of the Property, Mercantile, Ship, of sales to installments of movable property, notaries, or officials in the service of the Administration of Justice.

6th Offices, for communications with non-judicial authorities and officials other than those mentioned in the previous issue.

It is amended by art. 15.79 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 150. Notification of decisions and orders.

1. Procedural decisions shall be notified to all parties to the proceedings.

2. By order of the Court, persons who, according to the same orders, may be affected by the decision terminating the proceedings shall also be notified of the stay of the proceedings. This communication shall be made subject to the same requirements when the Court finds evidence that the parties are using the proceedings for fraudulent purposes.

3. Third parties shall also be notified in cases where this is provided for by law.

4. Where the notification of the decision contains a date for the launching of those occupying a dwelling, the competent public authorities shall be informed of the situation of social need, social assistance, assessment and information and immediate care for persons at risk of social exclusion, if appropriate.

Paragraph 4 is amended by final provision 5.1 of Law 12/2023 of 24 May. Ref. BOE-A-2023-12203

Paragraph 4 is added by Article 1 of Law 5/2018 of 11 June. Ref. BOE-A-2018-7833

Paragraphs 1 and 2 are amended by Article 15.80 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 151. Communication time.

1. All decisions issued by the Courts or Lawyers of the Administration of Justice shall be notified within a maximum period of three days from their date or publication.

2. Acts of communication to the Public Prosecutor's Office, the Office of the Attorney-General, the lawyers of the General Courts and legislative assemblies of the Autonomous Communities, the Legal Service of the Administration of Social Security or other Public Administrations of the Autonomous Communities or local authorities, as well as those carried out through the services of notifications organized by the Associations of Procurators, shall be deemed to have been carried out on the day following the date of receipt of the report or the receipt of evidence of its effective receipt when the act of communication has been carried out by the means and subject to the requirements laid down in article 162. When the communication act is forwarded after 15:00 hours, it shall be deemed received the following working day.

In the case of accreditation by a professional person seeking a cause of force majeure referred to in article 134, the Bars may suspend the forwarding of the service of notifications for a maximum period of three working days.

Once the suspension has been lifted, the College of Attorneys will re-establish the service and forward the daily notifications together with the accumulated notifications to the procurator or procurator, the latter in a step-by-step manner in equal proportion to the days of suspension used.

3. Where the delivery of any document or dispatch to accompany the act of communication takes place at a time after the receipt of the act of communication, it shall be deemed to have been effected when the document has been delivered, provided that the effects resulting from the communication are linked to the document.

Paragraph 2 is amended by Art. 225.2 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

The application of the provisions of paragraph 2 in relation to the acts of communication of the Public Prosecutor is suspended until 31 December 2020 inclusive, the period of 10 calendar days being until that date, as provided for in additional provision 4 of Law 3/2020 of 18 September. Ref. BOE-A-2020-10923

The application of paragraph 2 in relation to the acts of communication of the Public Prosecutor is suspended until 31 December 2020, until that date being the period covered by that paragraph of 10 calendar days, as laid down in additional provision 4 of Royal Decree-Law 16/2020 of 28 April. Ref. BOE-A-2020-4705

Paragraph 2 is amended by Article 16 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

See transitional provision 4 of the Act as regards the time limit in paragraph 2.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by final provision 6.1.2 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 152. Form of acts of communication. Answer.

1. The acts of communication shall be carried out under the direction of the counsel of the Administration of Justice, who shall be responsible for the proper organisation of the service. Such acts shall be carried out by:

1° Officials of the Judicial Aid Corps.

2. The procurator of the party who requests it.

To this end, in any written procedure initiating judicial, enforcement or other proceedings, the applicant must state whether it is in the interest of all acts of communication being carried out by his procurator. If nothing is said about this, the case will be heard by the legal counsel of the Administration of Justice, and such acts will be carried out by the officials of the Judicial Aid Service. They shall also be carried out by the latter if the defendants, executed or challenged do not expressly request in their letter of personation that they be carried out by their procurator or if the parties were entitled to the right to free legal aid.

Applicants may, on a reasoned basis and on a fair basis, request the amendment of the original scheme, by proceeding with the legal counsel of the Administration of Justice, if it considers it justified, to carry out successive acts of communication in accordance with the new request.

Such acts of communication shall be validly held when the procedure shows sufficient evidence of their practice in the person, at the place of residence, at the electronic address authorized for that purpose, by electronic appearance or by the telematic or electronic means chosen by the addressee.

For this purpose, the procurator shall, under his responsibility, certify the identity and condition of the receiver of the communication act, ensuring that the copy bears a reliable record of the receipt, the date and time of the receipt and the contents of the communication.

2. Communications shall be carried out by electronic means:

(a) When the subjects involved in a proceeding are obliged to use the existing electronic systems in the Administration of Justice in accordance with article 273.

(b) Where, being not covered by the foregoing case, the interveners have contractually obliged themselves to use the electronic means available in the Administration of Justice to resolve disputes arising out of that specific legal relationship which binds them, and the means from which they seek to avail themselves must be indicated. In contracts of accession involving consumers and users, the act of communication shall be carried out in accordance with the provisions for those cases in which the interveners are not obliged to interact electronically with the Administration of Justice, the latter form being the form that will have validity for the purposes of calculating time limits.

(c) When they, without being obliged, opt for the use of such means.

In the cases provided for in this paragraph, notification shall be made in accordance with the provisions of the regulations governing the use of information and communication technologies in the administration of justice.

Communication acts to be carried out by electronic means, when accompanied by elements which are not susceptible to conversion into electronic format, shall be carried out by this means but shall indicate the way in which such elements are to be delivered. If this act of communication results in the opening of a procedural period, it shall begin to count from the moment when all the elements of the act are received by the addressee.

The addressee shall identify an electronic device, simple courier service or an e-mail address that will serve to inform the addressee of the provision of an act of communication, but not for the practice of notifications. In such a case, regardless of the manner in which the act of communication is carried out, the judicial office shall send the said notice. The absence of practice of this notice shall not prevent the correct notification from being considered to be fully valid.

3. The acts of communication shall be carried out in one of the following ways, as provided for in this Act:

1.a Through the procurator, dealing with communications to those who are present in the proceedings with representation of the latter.

2.a Referral of what is to be communicated by mail, telegram, e-mail or any other electronic means that allows to leave in the records a reliable record of the receipt, of the date and time and of the contents of the communication.

3.a Delivery to the addressee of a literal copy of the decision to be notified, of the order addressed to it by the court or counsel of the Administration of Justice, or of the citation or placement card.

4.a In any event, by the staff of the Administration of Justice, by telematic means, in the case of the Public Prosecutor ' s Office, the Office of the Attorney-General, the Advocates of the General Courts and Legislative Assemblies, or the Legal Service of the Administration of Social Security, the other public administrations of the Autonomous Communities or Local Authorities, if they were not appointed as procurator.

4. The document shall state clearly the judicial nature of the document and shall state the court or counsel of the Administration of Justice who issued the decision and the matter in which it was issued, the name and surname of the person to whom the summons or placement is made, and the procurator responsible for completing it, where appropriate, the purpose of the summons and the place, date and time at which the summons is to be presented, or the time within which the action to which the location relates must be carried out, with a view to preventing the effects, in each case, established by law.

5. Notifications, subpoenas and locations shall not admit or provide any reply from the person concerned, unless otherwise directed. The requirements shall accept the response given by the requested party, indicating it succinctly in the diligence.

6. If the same act of communication is carried out twice or more times, the first date on which it has been verified, regardless of the means used, shall be effective for procedural purposes, except in cases where procedural laws expressly provide for the possibility of a decision being communicated more than once, in which case it shall have the effects such laws determine.

Paragraph 2 is amended and Article 6 is added. 103.23 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 17 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.81 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 153. Communication through attorney.

Communication with the parties to the trial shall be made through their solicitor when he represents them. The procurator shall sign the notifications, locations, summonses and requirements of all kinds to be made to his/her proxy in the course of the proceedings, including those of judgements and those for the purpose of any action to be performed personally by the prosecutor.

Article 154. Place of communication of the acts to the procurators.

1. The acts of communication with the procurators shall take place at the seat of the court or at the common reception service organized by the College of Attorneys. The internal system of this service shall be the responsibility of the College of Procurators, in accordance with the law.

2. The transmission and receipt of acts of communication with the procurators in this service shall be carried out, except as provided by law, by means of telematic or electronic means and with the guarantee of receipt referred to in article 162.

If the act is to be carried out on paper, the copy of the decision or the card, of which the procurator will receive one copy and sign another, will be sent to the service, in duplicate, to the judicial office for the service itself.

Paragraph 2 is amended by the sole article 18 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

Paragraph 2 is amended by final provision 6.1.3 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 155. Acts of communication with the parties not yet in person or represented by the procurator or procurator. Home.

1. Where the party not represented by a solicitor or solicitor is legally or contractually obliged to engage electronically with the Administration of Justice, the act of communication shall be carried out by electronic means in accordance with article 162.

However, if the act of communication was intended for the first place or summons, or for the personal performance or intervention of the parties in certain proceedings, and three days passed without the addressee having access to its content, the communication shall be made by handing over to the addressee in accordance with article 161. If this second communication proves unsuccessful, it shall be published in the Single Judicial Edict Board in accordance with article 164.

2. Where the party not represented by a solicitor is not legally or contractually obliged to interact electronically with the Administration of Justice:

(a) In the case of the first place of business or summons to the defendant, it may be carried out by reference to the defendant ' s home, or in a telematic form as provided for in article 162.

The act of communication carried out by electronic means shall produce full procedural effects only if it is accepted voluntarily by its addressee. If made available to the addressee in the electronic court, the receipt by the addressee is not recorded within three days, it shall be effected by reference to the address.

In any event, if there is an e-mail address or contact courier service of the addressee, information shall be given as to whether the decision is made available to the addressee both in the judicial body and in the electronic court.

(b) If the act of communication, which is not a first place or summons, is intended for the personal performance or intervention of the parties to certain proceedings, it shall be carried out in the terms of subparagraph (a), except that the intervener not obliged to do so has previously opted for the use of electronic means, in which case it shall be subject to subparagraph (c) for these cases.

(c) In the case of acts of communication other than those provided for in subparagraphs (a) and (b), the communications made shall have full effect as soon as it is established that the information to be communicated is correctly referred to any of the places designated as domicile but not recorded as received by the addressee, or when the addressee, without being bound, has opted for the use of electronic means and the communication has been referred in accordance with article 162, three days having elapsed without the addressee having access to its content.

3. The domicile of the applicant shall be that of the applicant who made the application or the request or request with which the proceedings are initiated. The plaintiff shall also designate as the domicile of the defendant one or more of the following places: the place of residence appearing on the municipal register or the place officially recorded for other purposes, as well as the place of residence appearing in the official register or in the publications of professional associations, where, respectively, it concerns undertakings and other entities or persons exercising a profession for which they are required to college. The place of non-local professional or work may also be designated as the place of residence for the above-mentioned effects. Where an action is brought in the application by those referred to in Article 250 (1) (1), it shall be understood that if the parties have not agreed to indicate in the lease a domicile in which the acts of communication are to be carried out, it shall, for all purposes, be that of the rented dwelling or premises.

If the claim is addressed to a legal person, the address of any person appearing as administrator, manager or agent of the business enterprise, or president, member or manager of the Board of any association appearing in an official register may also be indicated.

If the applicant designates several places as domiciles, he shall indicate the order by which the communication may, in his view, be successfully made.

In addition to the requirements laid down in article 399, the applicant must indicate the information which the defendant knows and which may be useful for the location of the defendant, such as a tax or foreign identification number, telephone numbers, fax numbers, e-mail address or the like, to be used subject to the provisions of the Act governing the use of technology in the Administration of Justice. The defendant may, after being brought before the court, designate a separate address for successive communications or one of the electronic means of communication referred to in Article 162.

When the parties change their domicile during the proceedings, they shall immediately inform the judicial office.

They shall also communicate any changes relating to their telephone number, fax number, e-mail address or the like, or any other identifying information that alters the practice of acts of communication carried out under article 162 of this Act, provided that these latter data are being used as means of communication with the judicial office.

4. Where the acts of communication with the parties not yet in person or represented by the procurator have been carried out twice or more times, the provisions of Article 152(6) shall apply.

This provision and the right to apply for free legal aid shall be expressly stated on the notice or summons, or in the act of communication in question.

Paragraph 1 is amended with effect from 3 April 2025 by Art. 22.10 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 103.24 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 2 is amended by Article 19 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

Paragraph 3 is amended by Art. 2.4 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Please note that paragraphs 1 and 5 enter into force on 4 May 2010, as drafted by Law 13/2009.

Paragraphs 1 and 5 are amended by Article 15.82 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The second subparagraph of paragraph 3 is added by final provision 3.3 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

Article 156. Court inquiries into the address.

1. Where the applicant states that it is impossible to designate a domicile or residence of the defendant, and the investigation thereof is necessary, the appropriate means shall be used by the counsel or counsel of the Administration of Justice to ascertain those circumstances and may, where appropriate, be addressed to the registers, bodies, professional associations, entities and undertakings referred to in Article 155(3).

Upon receipt of these communications, the registers and public bodies shall proceed in accordance with the provisions governing their activity.

2. In no case shall the designation of domicile for the purposes of communication be considered impossible if that address is entered in public records or registers, to which access may be granted.

3. If the findings referred to in paragraph 1 result in knowledge of an address or place of residence, where appropriate in accordance with Article 155, notification shall be made in the manner laid down in Article 152.3.2.a, where the provisions of Article 158 apply.

4. If these findings prove unsuccessful, the Legal Aid Counsel shall order the communication to be carried out through edicts.

Paragraph 1 is amended with effect from 3 April 2025 by Art. 22.11 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3 is amended by Art. 103.25 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1, 3 and 4 are amended by Article 15.83 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 157. Central Civil Rebel Registry.

1. Where the investigations referred to in the preceding article have proved unsuccessful, the Legal Aid Service shall order that the name of the defendant and the other identity details be communicated to the Central Registry of Civil Rebels, which shall be based in the Ministry of Justice, with an indication of the date of the decision of the defendant ' s edictal communication for registration.

2. Any legal counsel of the Administration of Justice who is required to ascertain the domicile of a defendant may address the Central Registry of Civil Rebels to verify whether the defendant is registered in such register and whether the data contained therein are the same as that available to him. In such a case, by means of an order, it may directly agree to the edictal communication of the defendant.

3. Any judicial body, at the request of the person concerned or on its own initiative, which has knowledge of the domicile of a person registered in the Central Register of Civil Rebels shall request the cancellation of the registration by communicating the address to which the judicial communications may be addressed. The Registry shall transmit to the judicial offices where proceedings are being brought against the defendant, the address indicated by the defendant for the purpose of communications, and those carried out thereafter at that place of business shall be valid.

4. Regardless of the above, any court that needs to know the defendant's current domicile in a proceeding, which is unaccounted for after the stage of personation, may address the Central Registry of Civil Rebels to ensure that the relevant entry is made available to it in order to provide it with the address in which the judicial communications may be addressed to it if this information becomes known to the aforementioned Registry.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.84 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 158. Communication by delivery.

Where the addressee of the act of communication is not legally or contractually obliged to interact by electronic means with the Administration of Justice and it cannot be established that he has received a communication for the purpose of his personation at trial or the performance or personal intervention in certain procedural proceedings, it shall be delivered in the manner set out in article 161.

It is amended by art. 103.26 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 159. Communications with witnesses, experts and other persons not parties to the trial.

1. Communications to be made to witnesses, experts and other persons who are not parties to the trial and who are required to intervene in the trial shall be sent to the addressees in accordance with Article 160(1). The reference shall be made to the address designated by the party concerned, where appropriate, to the inquiries referred to in article 156. Such communications shall be processed by the procurator of the party who proposed them, if requested.

2. Where the failure of the communication by reference or the circumstances of the case so warrant, having regard to the subject matter of the communication and the nature of the proceedings to which it relates, the Counsel of the Administration of Justice shall order that it be conducted in accordance with article 161.

3. The persons referred to in this Article shall inform the Judicial Office of any change of domicile that occurs during the proceedings. They shall be informed of this obligation at their first appearance.

Paragraph 1 is amended by Article 20 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 2 and 3 are amended by Art. 15.85 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 160. Transfer of communications by mail, telegram or other similar means.

1. Where a copy of the decision or of the document is sent by registered mail or telegram with acknowledgement of receipt, or by any other means such as to allow the order to be recorded in the order in which it appears that the notice has been received, the date of receipt, and the contents thereof, the letter of the Administration of Justice shall attest to the order in which the order is sent and the contents of the document referred to it, and shall bind them, where appropriate, the acknowledgement of receipt or the means by which the receipt or documentation provided by the procurator attesting thereto is recorded, if the latter has made the communication.

2. At the request of a party and at the expense of the party concerned, it may be ordered that the referral be made simultaneously to several places as provided for in Article 155(3).

3. Where the addressee has his domicile in the party where the seat of the court is located, and it is not a matter of communications on which the personation or the performance or personal intervention in the proceedings depends, it may be sent, by any means referred to in paragraph 1, a document of formal notice for the addressee to appear at the seat of the court or at the electronic judicial office for the purpose of being notified or required or to be sent a letter.

The document shall state with due precision the object for which the person is required to appear, indicating the procedure and the matter to which he relates, with the warning that, if the person concerned does not appear, without just cause, within the specified time limit, the communication in question or the transfer is deemed to have been made.

4. The identification systems provided for in the Law on the Use of Technologies in the Administration of Justice may be used for the conduct of communication acts, at the citizen ' s choice.

5. Regardless of the means by which the act of communication is carried out, the organs of the Administration of Justice shall send a notice to the electronic device of their addressee or to the e-mail address that they are registered with, informing them of the provision of the act of communication at the electronic court or at the unique authorized electronic address. Failure to give effect to this notice shall not prevent the act of communication from being considered to be fully valid.

Paragraph 3 is amended and paragraphs 4 and 5 are added by Article 103.27 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.86 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 161. Communication by means of a copy of the resolution or of a document.

1. Delivery to the addressee of the communication of the copy of the decision or of the card shall be made at the electronic court office, at the seat of the court or at the domicile of the person to be notified, requested, cited or placed, without prejudice to the provisions in the area of enforcement.

The home delivery shall be documented by means of diligence signed by the official or the procurator who makes it and by the person to whom it is made, whose identifying information shall be recorded.

2. Where the addressee of the communication is found at home and refuses to receive a copy of the decision or the identity card or does not wish to sign the document, the official or procurator who takes over the practice shall inform him or her that the copy of the decision or the identity card is available to him or her at the judicial office, the effects of which shall be recorded in the proceedings.

3. If the place where the communication is intended to be carried out is the place where the addressee has his domicile according to the municipal register, or for tax purposes, or according to official register or publications of professional colleges, or whether it is the dwelling or premises rented to the respondent, and the addressee is not there, the handover may be made, in closed envelope, to any employee, family member or person with whom he lives, over fourteen years of age, who is there, or to the janitor of the estate, if he has it, warning the recipient who is obliged to deliver the copy of the resolution or the document to the addressee of the latter, or to give notice, if he knows his whereabouts, warning in any case to the recipient of his responsibility in relation to the protection of the data of the addressee.

If the communication is addressed to the non- Occasional place of work of the addressee, in the absence of the addressee, the delivery shall be made to a person who shows that he or she knows or, if there is a unit responsible for receiving documents or objects, to whom he or she is responsible, with the same warnings as those given in the preceding paragraph.

The procedure shall state the name of the person to whom the communication was sent and the date and time at which it was sought and not found at his or her home, as well as the name of the person receiving the copy of the decision or the card and the relationship of that person with the addressee, producing all its effects the communication thus made.

4. In the event that no one is found at the home to which he is referring for the practice of an act of communication, the Counsel of the Administration of Justice, official or prosecutor, shall seek to ascertain whether his addressee lives there.

If he no longer resides or works at the place of residence to which he is referred and one of the persons consulted is aware of the current place of residence, the latter shall be recorded in the negative communication procedure and the act of communication shall be carried out at the place of residence provided.

If the domicile of the defendant could not be known by this means and the plaintiff had not designated other possible domiciles, the procedure shall be in accordance with article 156.

Paragraph 1 is amended by Article 103.28 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by Article 21 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The second subparagraph of paragraph 1, paragraph 2 and the first subparagraph of paragraph 3 are amended and Article 5 is added. 15.87 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The first subparagraph of paragraph 3 is amended by final provision 3.4 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

Article 162. Electronic, computer and similar communication events.

1. Where the judicial offices and the parties or addressees of the acts of communication are obliged, legally or contractually, to send and receive them by electronic means, infotelecommunications or other similar means, which permit the sending and receipt of writings and documents, in such a way as to ensure the authenticity of the communication and its content and to provide a clear record of the full transmission and receipt and of the time at which they were made, or where the addressees choose these means, as well as in any other case provided for by law, the acts of communication shall be carried out by them, with the necessary proof of receipt.

Professionals and recipients obliged to use these means, as well as those who opt for them, shall inform the judicial offices of the availability of the above-mentioned means and the electronic address authorized for that purpose.

In addition, the Ministry of the Presidency, Justice and Relations with the Courts shall be established to register electronically the means indicated and the addresses corresponding to the public and professional bodies required to use them.

2. In any of the cases referred to in this article, where the correct referral of the act of communication by those technical means, except those carried out through the notification services organised by the Associations of Procurators, takes three days without the addressee having access to its content, the communication shall be deemed to have been carried out legally and having its full effect. In this case, the time limits for carrying out procedural proceedings shall begin to be counted from the business day following the third.

Except for cases where the addressee justifies that it was unable to access the notification system during that period. If the lack of access is due to technical reasons and persists at the time of being brought to the attention of the Administration of Justice, the act of communication shall be carried out by means of a copy of the decision. In this case, however, in the event of access after that period, but before the communication is made by delivery, the communication shall be deemed validly made on the date on which the electronic receipt is lodged.

Exceptions shall also be made for cases of force majeure where the Colleges of Attorneys have suspended the forwarding of the service of notifications for a maximum period of three days as provided for in Article 151.2.

No electronic communication acts shall be carried out to professionals during the days of August or during the days between 24 December and 6 January of the following year, including both, unless they are competent for the relevant proceedings.

3. Where the authenticity of decisions, documents, opinions or reports submitted or transmitted by the means referred to in the preceding paragraph can only be recognized or verified by direct examination or other procedures, they may, however, be submitted in electronic form by means of digitized images of them, in the manner provided for in articles 267 and 268, but, if any of the parties, the court in family proceedings, judicial measures of support of persons with disabilities or of filiation, or the Prosecutor's Office so requests, those in their original form, shall be provided within the time or procedural time specified for that purpose.

It is amended by art. 103.29 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 3 shall be amended with effect from 3 September 2021 by Art. 4.4 of Law 8/2021 of 2 June. Ref. BOE-A-2021-9233

It is amended by article 22 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

The fourth subparagraph of paragraph 1, which is divided into two, is amended by Art. 15.88 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

It is amended by final provision 6.1.4 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 163. Common Service for Communication Proceedings.

In the populations where it is established, the Joint Service for the Prosecution of Communications Acts shall carry out the acts of communication to be carried out by the Judicial Office, except where appropriate to the Procurator in the cases and within the limits provided by law.

It is amended, with effect from 3 April 2025, by art. 22.12 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 15.89 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 164. Edictal communication.

Where, in the case of the inquiries referred to in Article 156, the address of the addressee of the communication cannot be known, or where the communication cannot be found or carried out with all its effects, in accordance with the provisions of the preceding articles, or where this is agreed in the case referred to in Article 157(2), the legal counsel of the Administration of Justice shall, in such circumstances, order the communication to be made, through the Single Judicial Edict Board, safeguarding in any case the rights and interests of minors, as well as other rights and freedoms which may be affected by the publicity thereof.

In any case, in the communication or publication referred to in the preceding paragraph, in view of the best interests of minors and in order to preserve their privacy, personal data, names and surnames, domicile, or any other information or circumstance that may directly or indirectly permit their identification, shall be omitted.

In the process of eviction of urban or rustic estates due to non-payment of rents or amounts due or due to the legal or contractual expiry of the period and in the processes of claiming these rents or amounts due, where the tenant could not be found or communicate to the tenant in the domiciles designated in the second subparagraph of Article 155(3), nor had he reliably communicated after the contract a new domicile to the lessor, to which the lessor had not opposed it, no further formalities shall be taken to make the communication through the Single Judicial Edict Board.

It is amended by art. 103.30 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The first paragraph is amended by article 23 of Act No. 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 2.2 of Law 4/2013 of 4 June. Ref. BOE-A-2013-5941.

A paragraph is added by art. 2.5 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Please note that the first paragraph enters into force on 4 May 2010, as drafted by Law 13/2009.

The first paragraph is amended by Article 1. 15.90 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The third paragraph is added by final provision 2.2 of Law 54/2007 of 28 December. Ref. BOE-A-2007-22438

Article 165. Acts of communication through judicial assistance.

Where the acts of communication are to be carried out by a court other than that which ordered them, the dispatch shall be sent through the judicial computer system, except in cases where the act must be carried out on paper because it is accompanied by elements which are not susceptible to conversion in electronic format, and the corresponding copy or document and such other documents as may be appropriate in each case shall be accompanied.

These acts of communication shall be completed within a period not exceeding twenty days from their receipt and shall be returned in accordance with the provisions of the preceding paragraph. If they are not carried out within the time indicated, for which purpose the counsel of the Administration of Justice shall be required to observe them, the reasons for the delay shall be stated, if necessary.

Such acts may be carried out, at the request of a party, by a procurator, and may be carried out under the same terms and time limits as set out in the preceding paragraph.

It is amended by article 24 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.91 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 166. The nullity and remedying of acts of communication.

1. Acts of communication which are not carried out in accordance with the provisions of this chapter and which may cause defencelessness shall be null and void.

2. However, where the person notified, cited, placed or requested has been heard in the case and has not complained of the nullity of the proceedings in his first act of appearance before the court, it shall henceforth have all its effects, as if it had been done in accordance with the provisions of the law.

Article 167. Remission of trades and orders.

1. Orders and offices shall be transmitted directly by the counsel of the Administration of Justice who issues them to the authority or official to which they are addressed, and the means provided for in Article 162 shall be used.

However, if they so request, the parties may personally perform the orders and offices.

2. In any event, the party to whose request the offices and orders referred to in this article are released shall meet the expenses required to comply with them.

Paragraph 1 is amended by Article 25 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.92 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 168. Responsibility of officials and professionals involved in the procedural communication.

1. The Counsel of the Administration of Justice or the officer of the Corps in the service of the Administration of Justice, who, in the performance of the functions assigned to him by this chapter, gives rise, by malice or negligence, to undue delays or delays, shall be disciplined by the authority of the dependant and shall also incur liability for any damages caused.

2. A procurator who commits an offence, negligence or delay in acts of communication, the practice of which he or she has assumed or does not comply with any of the established legal formalities, causing injury to another person, shall be liable for the damages caused and may be punished in accordance with the provisions of legal or statutory rules.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.93 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER VI

Legal aid

Article 169. Cases in which legal aid is available.

1. Civil courts are obliged to provide assistance in proceedings which, having been ordered by one, require the cooperation of another for their practice.

2. Judicial assistance shall be sought in proceedings outside the district of the court hearing the case, including acts of judicial recognition, where the court considers it not possible or desirable to use the power granted to it by this law to move outside its district to practice them and their practice by videoconference is not possible.

3. Legal assistance may also be sought for proceedings outside the municipal term where the court which ordered them is based, but within the relevant judicial party or constituency.

4. The examination of the parties, the testimony of witnesses and the ratification of experts shall be carried out at the seat of the court or tribunal hearing the case in question, unless the domicile of the persons concerned is outside the relevant judicial district, in which case they shall be carried out in the manner provided for in article 137 bis.

Only when, in the opinion of the judge, it is not advisable to make such statements by videoconference and because of the distance, difficulty of movement, personal circumstances of the party, witness or expert, or for any other cause of similar character, the appearance of the persons referred to at the seat of the court or tribunal is impossible or very burdensome, may judicial assistance be sought for the conduct of the acts of evidence referred to in this article.

Paragraphs 2 and 4 are amended by Article 103.31 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 170. The body responsible for providing judicial assistance.

Judicial assistance shall be provided to the Office of the Court of First Instance of the place in which it is to be carried out. Notwithstanding the foregoing, if a Magistrate ' s Court has its seat there, and the judicial assistance consists of an act of communication or intervention in a procedural act through videoconference in the terms set out in article 137 bis of this law, it shall be the responsibility of the latter to perform the act.

It is amended by art. 103.32 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by art. 15.94 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 171. I urge.

1. Judicial assistance shall be sought by the Tribunal, as required, by means of an appeal addressed to the judicial office of which it is to be provided, which shall contain:

1. The designation of the exhorting and exhorting courts.

2. The indication of the subject matter that gives rise to the issue of the exhortation.

3. The designation of persons who are parties to the case, as well as their representatives and defenders.

4. The indication of the proceedings of which the practice is of interest.

5. Where the proceedings concerned are to be conducted within a period of time, the date on which the proceedings are to be completed shall also be indicated.

6. If documents are required for the fulfilment of the exhortation, all documents shall be expressly mentioned.

2. The issuance and authorization of the exhortations shall be the responsibility of the Legal Aid Service.

3. Where the purpose of judicial assistance is to request data or documents in electronic judicial records or entered into electronic systems of other organs of the administration of justice, provided that the electronic means available to the bodies concerned permit the request, it may be transmitted and complied with, without the need for an exhortation, by electronic means enabling them to do so, in any event, to ensure the identification of the transmitting and receiving body, as well as the timing and content of the request and transmission.

4. Nor shall the summons be mandatory in the case of proceedings to be held with the telematic participation of all or some of the participants from a judicial office.

Paragraphs 3 and 4 are added by Art. 103.33 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The first subparagraph of paragraph 1 is amended by Article 15.95 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 172. Remittance of the exhortation.

1. The exhortations shall be sent directly to the body called upon by means of the judicial computer system or any other telematic or electronic means, except in cases where the act must be carried out on paper for being accompanied by elements that are not susceptible to conversion into electronic format.

In any event, the system used shall ensure that the summons is sent and received.

2. Without prejudice to the foregoing, if the party concerned so requests, he shall be surrendered under his responsibility, for submission to the body called upon within five days. In such a case, the exhorto shall express the person responsible for his administration, who may only be the litigant or solicitor himself appointed.

3. The other parties may also designate a solicitor when they wish to be notified of the decisions issued in order to comply with the exhortation. The same may be done by the party concerned in compliance with the notice, where it has not requested that the notice be delivered to it for the purposes set out in the preceding paragraph. Such designations shall be recorded in the documentation of the exhortation.

4. When the exhortation has been sent to a body other than the body to which the assistance is to be provided, the person receiving the assistance shall send it directly to the person concerned, if he or she knows which one, giving notice of its referral to the exhortant.

Paragraphs 1 to 3 are amended by the sole article 26 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

Article 173. Exhortation compliance.

The person responsible for the judicial office receiving the appeal shall arrange for the execution of the order and for the proceedings to be carried out within the prescribed time limit.

Where this does not occur, the Counsel of the Administration of Justice of the exhorting body shall, ex officio or at the request of a party, remind the exhorted person of the urgency of compliance. If the situation persists, the body for which the assistance has been sought shall bring the facts to the attention of the relevant Governing Chamber of the Tribunal.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.96 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 174. Intervention by the parties.

1. The parties and their attorneys and attorneys may intervene in the proceedings for the execution of the injunction.

However, decisions issued for the purpose of the enforcement of the injunction shall only be notified to those parties which have designated the solicitor to intervene in the proceedings.

2. If no solicitor has been appointed, the parties shall not be notified other than those requiring compliance with the notice, where the notice prevents any action being taken with summons, intervention or concurrence from the parties, and where necessary to require the parties to provide information or news that may facilitate such compliance.

Article 175. Repayment of the Ehort.

1. Once the appeal has been completed, it shall be communicated to the appellant in accordance with Article 172(1).

2. The judicial assistance proceedings carried out, if they cannot be sent telematically, shall be sent by registered mail or delivered to the litigant or the procurator entrusted with the management of the exhortation, who shall submit them to the exhorting body within 10 days.

It is amended by article 27 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

Article 176. Lack of diligence on the part of the parties to legal aid.

A litigator who, without due cause, delays the submission of the appeal or the return to the appellant of the dispatches entrusted to him shall be corrected by a fine of EUR 30 for each day of delay in respect of the end of the period laid down in Articles 172(2) and 172(2) respectively.

The amount referred to in this Article by Annex I to Royal Decree 1417/2001 of 17 December is converted to euros. Ref. BOE-A-2001-24625

Article 177. International judicial cooperation.

1. Dismisses for the practice of judicial proceedings abroad shall be made in accordance with the provisions of the applicable Community rules, in the international treaties to which Spain is a party and, failing that, in the applicable domestic law.

2. The provisions of these rules shall also apply when the foreign judicial authorities request the cooperation of the Spanish courts and tribunals.

Paragraph 1 is amended by Article 15.97 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER VII

Substance, hearing and decision of cases

Section 1.a of the ordinary office

Article 178. Accountancy.

1. The lawyers of the Administration of Justice shall inform the Chamber, the rapporteur or the Judge, in each case, of the pleadings and documents submitted on the same day or on the following working day, when they contain petitions or claims requiring them to be delivered.

They shall do the same with respect to records authorized outside the judicial presence.

2. They shall also, on the following working day, report on the progress of the procedural time limits and the subsequent status of the case where the relevant decision by the Judge or Judge is to be delivered on its expiry, as well as on the decisions they have issued which are not merely procedural.

3. The officers of the Prosecution and Administrative Management Corps shall in turn report to the Legal Counsel of the Administration of Justice the processing of the proceedings, in particular when the latter requires an interpretation of law or procedural rules, without prejudice to informing the holder of the judicial body when they are required to do so.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.98 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 179. Impulse of proceedings and suspension of proceedings by agreement of the parties or by other circumstances.

1. Unless otherwise provided by law, the case shall be heard ex officio by the Counsel of the Administration of Justice, who shall issue the necessary decisions.

2. The proceedings may be suspended in accordance with the provisions of article 19 (4) of this Act and shall be resumed if requested by either party. If, after the period for which the suspension was agreed, no one requests, within the next five days, the resumption of the proceedings, the Lawyer of the Administration of Justice shall agree to provisionally file the orders and shall remain in such a situation until the continuation of the proceedings is requested or the expiry of the proceedings.

3. The proceedings shall also be suspended at the request of the lawyer for the death, serious accident or illness of his spouse, of the person to whom he was associated by similar affectivity or of a relative within the first degree of consanguinity or affinity. The suspension shall take place for three working days from the day following the event causing it, a period which may be up to five working days when a displacement to another locality is required for that purpose.

These periods of suspension shall be reduced to two and four working days, respectively, when the death and other circumstances indicated affect relatives in the second degree of affinity or consanguinity.

The proceedings for accident or illness of the acting lawyer shall also be suspended. The suspension shall be maintained during the period of leave from work in accordance with labour and social security legislation or any other social security system, and in any case for a maximum period of thirty calendar days, after which the suspension shall be lifted.

In cases of birth and care of a child, legal professionals who have been granted leave by birth and care of a child may request the suspension of the procedure, and therefore of all the current procedural acts and time limits, for the period corresponding to the compulsory work break established under labour and social security legislation.

The suspension thus requested shall affect all proceedings in which the professional person of the legal profession concerned intervenes.

4. Accreditation of the circumstances set out in the preceding paragraph shall be made documentaryly with the written request for suspension. Documents provided for this purpose shall be used exclusively for the purpose of deciding on the application, with a prohibition on disclosure or disclosure to third parties. In order to ensure the protection of confidential data and information, the court shall accord confidentiality to such documentation, which shall not be attached to the proceedings, in which the legal counsel of the Administration of Justice shall extend the appropriate record.

In the event that, within the period within which the request for suspension is made, any hearing or other procedural act is indicated, the same request shall also indicate any information necessary for the parties, professionals, experts, witnesses and other interveners to facilitate their location and which may be informed as soon as possible of the suspension agreed.

5. The legal counsel of the Administration of Justice shall, upon proof of the case in question, issue a decree as soon as possible agreeing to suspend the proceedings for all purposes and for the appropriate period of time, which shall be immediately notified.

The heading is amended and paragraphs 3 to 5 are added by Article 225.3 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.99 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 180. Judge-Rapporteur.

1. In the collegial courts, the Panel of the Administration of Justice shall determine, for each case, the Judge-Rapporteur, according to the time established for the Chamber or Section at the beginning of each judicial year solely on the basis of objective criteria.

2. The appointment shall be made in the first decision to be issued by the Legal Counsel of the Administration of Justice in the proceedings and the parties shall be notified of the name of the Judge-Rapporteur and, where appropriate, of his replacement, in accordance with the established time-limit, with an expression of the reasons for the replacement.

3. All judges of the Chamber or Section, including the Presidents, shall take turns in the appointment of rapporteur.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15,100 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 181. Functions of the Judge-Rapporteur.

In the collegial courts, the Judge-Rapporteur shall:

1. The ordinary dispatch and the care of the handling of matters that have been taken up by him, without prejudice to the momentum that corresponds to the Counsel of the Administration of Justice.

2. To examine the proposal of evidence submitted by the parties and to report on its admissibility, relevance and usefulness.

3. or to inform the Court of appeals against decisions of the Court and appeals against decisions of the Board of Directors of Justice to be decided by the Court.

4. To issue orders and to propose other decisions to be rendered by the Tribunal.

5. To draft the decisions of the Tribunal, without prejudice to the second paragraph of Article 203.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.101 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 2.a. Hearings and appearances

The heading is amended by Art. 15.102 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 182. Notice of the hearings.

1. The Presidents of the Chamber and of the Section of the collegiate bodies shall be responsible for marking the date and time for the deliberation and voting on matters to be decided without a hearing.

Similarly, the judge or president is responsible for the statement when the decision to call, resume or re-sign a trial, hearing or equivalent procedure is taken in the course of any procedural act already initiated and presided over, provided that they can do so in the same act, and taking into account the needs of the scheduled agenda for the hearings.

2. The holders of single-member courts and the Presidents of the Chamber or Section of the Collegiate Tribunals shall lay down the general criteria and shall give the specific and specific instructions on the basis of which the equivalent hearings or formalities shall be recorded.

3. These criteria and instructions shall cover:

1. The fixing of the predetermined days for this purpose, which shall be subject to the availability of the Chamber envisaged for each judicial body and to the necessary coordination with the other judicial bodies.

2nd Hours of Hearing.

3.o Number of markings.

4th Approximate length of the hearing in particular, as determined by them after consideration of the case or suit in question.

5. Nature and complexity of matters.

6. or any other circumstances deemed relevant.

4. The lawyers of the Administration of Justice shall set the date and time of the hearings or equivalent proceedings by subjecting themselves to the above criteria and instructions and managing a scheduled agenda of hearings and taking into account the following circumstances:

1. The order in which the proceedings reach the stage in which the hearing or trial is to be held, except for exceptions established by law or cases in which the court exceptionally determines that they should have preference. In such cases they shall be put before others whose statement has not been made.

2. The availability of a courtroom for each judicial body.

3. Organization of the human resources of the Judicial Office.

4. The time required for the summonses and appearances of experts and witnesses.

5. Coordination with the Public Prosecutor ' s Office in proceedings in which the laws provide for its involvement.

5. As the points are included in the scheduled agenda and, in any event, before their notification to the parties, the judge or president shall be informed. In the event that they do not comply with the established criteria and instructions, the Judge or President shall decide on the indication.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.103 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 183. Request for further hearing or other procedural acts.

1. If any person who is to attend a hearing on the day indicated is unable to attend the hearing on account of force majeure or other similar grounds, such as the birth and care of a minor, serious illness and accident with hospitalization, the death of a spouse or person to whom he was associated in connection with marriage, the death of relatives until the second degree of consanguinity or affinity or absence from work certified by the social security or health system or equivalent social security system, he shall immediately state this to the court, giving due proof of the cause or reason and requesting a further hearing or decision to take account of the situation.

2. Where the lawyer or counsel of one of the parties considers it impossible to attend the hearing or procedural act in question, if the situation alleged to be present is deemed to be admissible and established, the counsel or counsel of the Administration of Justice shall make a further statement.

3. Where the party alleges the situation of impossibility, as provided for in the first subparagraph, the Counsel of the Administration of Justice shall, if it considers the situation to be admissible and established, adopt one of the following decisions:

1.a If the hearing is in proceedings in which the party is not assisted by counsel or represented by a procurator, he shall make a further statement.

2.a If the hearing is for proceedings in which, even if the party assisted by counsel or represented by the procurator, the personal presence of the party is necessary, it shall also make a further statement of the hearing.

In particular, if the party has been summoned to the hearing to respond to the interrogation provided for in articles 301 et seq., the Counsel of the Administration of Justice shall make a further statement, with appropriate subpoenas. The same shall apply when a party contrary to the allegation is summoned for questioning and proves that he is unable to attend.

3 bis. If one of the parties or the persons to be heard is a person aged 80 or older, he or she may apply and so shall be agreed by the counsel or counsel of the Administration of Justice to make the statement within the first hours of the hearing or at the last hours, depending on the needs of the person concerned.

4. The date and time fixed for the re-marking, on the same day or on the working day following that on which it was agreed, shall be brought to the attention of the Court by the Legal Aid Service.

5. Where a witness or expert who has been summoned at the hearing by the Court demonstrates and proves to be in the same situation of impossibility as stated in the first subparagraph of this provision, the Counsel of the Administration of Justice shall order the parties to be heard for a common period of three days on whether the statement of the hearing is terminated and a new one is made or whether the witness or expert is summoned for the practice of the evidence outside the hearing. The Court shall, after the expiry of the period of time, decide what it considers appropriate, and if the defence of the witness or expert is not deemed to be admissible or proven, it shall keep the record of the hearing and the Office of the Public Prosecutor shall notify them accordingly, requiring them to appear, with the warning provided for in the second paragraph of Article 292.

6. Where the Counsel of the Administration of Justice, in deciding on the situations referred to in paragraphs 2 and 3 above, understands that the lawyer or the litigator has been able to proceed without undue delay or without any grounds, he shall report to the Judge or Court, who may impose a fine of up to EUR 600 on them, without prejudice to what the Registrar decides on the new finding.

The same fine may be imposed by the Court in the cases provided for in paragraph 5 of this Article, if it is satisfied that the circumstances referred to in the preceding subparagraph are present.

Article 3a is added. 103.34 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The heading and paragraphs 1 and 2 are amended by Article 225.4 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15,104 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amount referred to in paragraph 5 by Annex I to Royal Decree 1417/2001 of 17 December shall be converted to euros. Ref. BOE-A-2001-24625

Article 184. Time for the celebration of views.

1. All working hours of the day may be used for the conduct of hearings and may be used in one or more sessions and, if necessary, continue the following day or days.

2. Except in cases where the law provides otherwise, between the arrest and the holding of the hearing they must be at least 10 working days.

Article 185. Celebration of the hearings.

1. The judge or president shall, in the form provided for in this Act, declare that a public hearing is taking place, except when the act is held in camera. After the hearing, the background of the case or issues to be addressed will be briefly related.

2. They shall then inform, by their order, the actor and the defendant or the appellant and the respondent, through their lawyers, or the parties themselves, where the law so permits.

3. If evidence has been admitted to the hearing, it shall be carried out in accordance with the rules governing the hearing.

4. After the conclusion of the practice of evidence or, if it has not taken place, after the first turn of the proceedings, the Judge or President shall again give the parties the floor to rectify facts or concepts and, where appropriate, to make concise statements as to the outcome of the evidence.

Paragraph 1 is amended by Article 15.105 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 186. Conduct of business.

During the proceedings, the Judge or President, or the Legal Counsel of the Administration of Justice, shall be responsible for conducting the proceedings exclusively before him, and shall in particular:

1. To maintain, by all means available to them, good order at the hearings, demanding that due respect and consideration be maintained for the courts and for those who are acting before them, correcting in the act any misdemeanours that are committed in the manner prescribed in the Organization of the Judiciary Act.

2. To expedite the conduct of the hearings, the effect of which shall be to draw the attention of the lawyer or of the party making his or her interventions that are clearly separate from the issues under discussion, urging them to avoid unnecessary digressions, and if they fail to heed the second warning to be given to them in that regard, he or she may withdraw the floor from them.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The first paragraph is amended by Article 1. 15.106 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 187. Documentation of the views.

1. The development of the view shall be recorded in a medium suitable for the recording and reproduction of sound and image or, if not possible, only of sound, in accordance with article 147 of this Act.

In any event, the parties may request at their own expense a copy of the media on which the view was recorded.

2. If the means of registration referred to in the preceding paragraph cannot be used for any reason, the hearing shall be documented by means of a record by the Legal Aid Service.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.107 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 188. Suspension of hearings or other procedural acts.

1. The holding of hearings or other procedural acts on that day may be suspended only in the following cases:

1.o To prevent it from continuing another pending hearing the previous day.

2. For lack of the number of judges or magistrates necessary to make a decision or for the indisposition of the judge, judge or lawyer of the Administration of Justice, if it cannot be replaced or replaced.

3. For seeking agreement between the parties, just cause in the judgement of the lawyer or lawyer of the Administration of Justice.

4. An absolute impossibility for any of the parties cited to be questioned at the trial or hearing, provided that such impossibility, sufficiently justified in the opinion of the counsel or counsel of the Administration of Justice, would have occurred when it was no longer possible to request a further statement in accordance with article 183.

5. In the opinion of the lawyer or lawyer of the party requesting the suspension or any other of the circumstances provided for in article 179 (3), due to death, illness or absolute impossibility, he is discharged by birth or care of a minor, provided that such acts have occurred where it is no longer possible to request further evidence in accordance with article 183, the right to effective judicial protection is guaranteed and there is no cause for defence.

They shall also be comparable to the above situations and to the same requirements, other similar situations provided for in other social security systems and for the same time by which the discharge and the granting of the permits provided for in social security legislation are granted.

In cases of medical urgency which occurred on the same day as a statement or within the 24 hours immediately preceding, the suspension of the procedural act shall be sufficient to provide any means by which the court may be aware of the situation leading to the need for suspension, without prejudice to its necessary subsequent accreditation.

If any of the circumstances of this paragraph 5 or affect the procurator or procurator of one of the parties and the event has occurred without the opportunity to appoint a professional representative to replace him at that time, the hearing shall also be suspended, which may not be re-marked until three days later, so that the College of Procurators may, where appropriate, properly organize its replacement.

6. Since the defence counsel has two hearings for the same day in different courts, it is impossible, either because of the time schedule or because of the distance between the two judicial bodies, to assist them both, provided that it is sufficiently established that, under article 183, he tried, without result, a new observation that would prevent coincidence. In this case, the hearing of criminal cases involving a prisoner or minor in custody, a child or adolescent victim of violence shall be preferred and, in the absence of such proceedings, the hearing of the oldest complaint shall be suspended, and if the two points are of the same date, the hearing corresponding to the most modern procedure shall be suspended.

The suspension of the hearing shall not be agreed if the communication of the request for its agreement occurs more than three days after the notification of the second submission. For this purpose, a copy of the notification of the above-mentioned statement shall be accompanied by the request.

The provisions of the preceding paragraph shall not apply to criminal proceedings involving a prisoner or a minor, without prejudice to any liability incurred.

7. The suspension of the proceedings has been agreed upon or the suspension of the proceedings is appropriate in accordance with the provisions of this Act.

8. In cases where the hearing or the attendance of any intervener by videoconference has been agreed to, technical impossibility could not be performed in the conditions necessary for the proper conduct of the hearing.

2. Any suspension agreed by the Court shall be made known to the Court on the same day or on the following business day and shall be communicated by the Registrar to the parties in person and to those who have been summoned as witnesses, experts or otherwise.

3. This suspension of hearings shall apply, as appropriate, to other procedural acts which have been referred to.

The heading and paragraph 1 are amended and paragraph 3 is added by Article 225.5 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.108 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 1.5 is amended by additional provision 5.2 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115

Article 189. New marking of suspended hearings.

1. In the event of suspension of the hearing, the Counsel of the Administration of Justice shall make the new statement when the suspension is agreed and, if not possible, as soon as the reason for the suspension has disappeared.

2. The new statement will be made for the most immediate day possible, without altering the order of those who are already in fact.

3. In the case of Article 179(3), and within the limits set out therein, the period of compulsory leave which, by reason of illness, birth or care of a minor, the professional person of the legal profession is established shall be respected on the date of the new entry.

Paragraph 3 is added by Art. 225.6 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.109 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 189 bis. Court appearances.

Articles 188 and 189 shall be included in the content, where applicable, of the appearances to be held exclusively before the Office of the Counsel.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is added by art. 15.110 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 190. Changes in court staff after hearing and possible challenge.

1. Where, after the arrest and prior to the hearing, the judge or a member of the court has changed, as soon as it occurs and, in any event, before the hearing is commenced, such changes shall be made to the parties, without prejudice to the holding of the hearing, unless the judge or any of the judges who, as a result of the change, have become part of the court, is challenged, albeit orally.

2. If the challenge referred to in the preceding paragraph is formulated, the hearing shall be suspended and the incident shall be dealt with in accordance with the provisions of this law, with the re-pointing being made once the challenge has been resolved.

The objection to be made orally shall contain a succinct statement of the case(s) and shall be formalized in writing within three days. If this is not done within that period, the challengeer shall not be admitted and the challengeer shall be fined between EUR 150 and 600, and the costs caused by the suspension shall also be paid. On the same day as the previous decision was issued, the Legal Counsel of the Administration of Justice will make the new statement for the hearing as soon as possible.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.111 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amount referred to in paragraph 2 by Annex I to Royal Decree 1417/2001 of 17 December shall be converted to EUR. Ref. BOE-A-2001-24625

Article 191. Post-visual indictment.

1. In the event of a change of judge or magistrate referred to in paragraph 1 of the preceding article, where the hearing has been held on the ground that there has been no challenge, if the court is one-person, the judge shall leave the court three days before the decision is made and if the decision is a collegial court, the discussion and vote of the decision shall be suspended for three days.

2. Within the period referred to in the preceding paragraph, the judge or judges who joined the court after the summons, may be challenged and if the parties do not avail themselves of that right, the time limit for making a decision shall begin to run.

3. In the case referred to in this article, only challenges based on cases that could not have been heard before the commencement of the hearing shall be admissible.

Article 192. Effects of the decision of the challenge formulated after the hearing.

If the objection made in accordance with the preceding article is declared appropriate, the hearing shall be terminated and shall be re-verified on the earliest possible day before a judge or a judge who is competent to replace the challenged persons.

Where the challenge is declared inadmissible, the decision shall be rendered by the judge or judges who have attended the hearing, beginning to run the period within which to issue it on the day following the date on which the challenge was decided.

Article 192 bis. Change of the Lawyer of the Administration of Justice after the arrest. Possible challenge.

The provisions of the previous three articles shall apply to the Legal Aid Officers of the Administration of Justice in respect of proceedings to be held only before them.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is added by art. 15.112 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 193. Interruption of hearings.

1. Once a hearing has commenced, it may be interrupted only:

1. (1) Where the Tribunal is required to resolve any incidental matter which it cannot decide on the spot.

2. Where a test action is to be carried out outside the seat of the Tribunal and cannot be verified in the interim time between sessions.

3. Where the witnesses or experts referred to by the court do not appear and the Court considers that their statement or report is essential.

4. When, after the commencement of the hearing, any of the circumstances that would have led to the suspension of the hearing occurs and is thus agreed by the Judge or President.

2. The hearing will resume once the cause of its interruption has disappeared.

3. Where the hearing may be resumed within twenty days of its interruption, as well as in all cases where the new notice may be made at the same time as the interruption is agreed, it shall be done by the Judge or President, who shall take into account the needs of the scheduled agenda of the hearings and the other circumstances contained in Article 182.4.

Where the hearing cannot be resumed within 20 days of its interruption or a new date may be indicated in the same act, the date shall be fixed by the Legal Aid Service, in accordance with the provisions of Article 182, for the most immediate date possible.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 3 are amended by Article 15,113 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 3.a Votes and judgements on matters

Article 194. Judges and magistrates to whom the cases are to be decided.

1. In cases to be decided after a hearing or trial, the drafting and signature of the decision, in the one-person courts, or the deliberation and voting, in the collegial courts, shall be carried out, respectively, by the judge or by the judges who attended the hearing or trial, even if after the trial they had ceased to exercise their functions in the court dealing with the matter.

2. Except as provided for in the preceding paragraph, Judges and Judges who, after the hearing or trial:

1st They would have lost the status of judge.

However, the provisions of paragraph 1 of this Article shall apply to judges and magistrates retired by age and to substitute judges and alternate judges who have ceased to hold office on the grounds of resignation, the length of the period for which they were appointed or the age of seventy-two years.

2. Had been suspended from the exercise of their functions.

3rd. They had access to public office or profession incompatible with the exercise of the judicial function or passed to the situation of voluntary leave to stand as candidates for positions of popular election.

Article 194 bis. Legal counsel of the Administration of Justice to which it is appropriate to rule.

The provisions of the preceding article shall apply to the lawyers of the Administration of Justice who are required to issue a decision after the acts and appearances provided for in this Act have been concluded.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is added by art. 15,114 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 195. Information by the judges on the content of the orders in the collegial courts.

1. The rapporteur shall have at his disposal orders to issue a decision or decision on incidents or appeals, and the other members of the court may examine them at any time.

2. After the hearing has been concluded in cases in which the decision is taken or, in other cases, from the day on which the President makes the point for deliberation, voting and judgement, any of the Judges may request the order for his or her study.

Where several requests are made, the presiding officer shall fix the time for each of them, so that judgements may be delivered within the time limit set for that purpose.

Article 196. Deliberation and voting of decisions in collegial courts.

The decisions shall be discussed and voted upon immediately after the hearing in the collegial courts, if the hearing takes place and, in another case, the President shall indicate the day on which they are to be discussed and voted, within the time limit set by law. In both cases, deliberation and voting may take place by electronic means, where available, in accordance with the rules governing the use of technology in the Administration of Justice.

It is amended by art. 103.35 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 197. Form of discussion and voting on decisions in the collegial courts.

1. In the collegial courts, the discussion and voting of decisions shall be conducted by the President and shall always be verified in camera.

2. The Judge-Rapporteur shall submit to the Chamber or Section the points of fact and the questions and bases of law, as well as the decision which he believes should be taken and, after the necessary discussion, the vote shall be taken.

Article 198. Voting on resolutions.

1. The President may agree that the voting shall take place separately on the various legal or factual statements to be made or on part of the decision to be taken.

2. The rapporteur and the other judges shall vote first in the reverse order of their seniority. The President shall vote on the last.

3. Once the vote has begun, it may be interrupted only by an insurmountable impediment.

Article 199. Vote of judges prevented after the hearing.

1. If, after the hearing, any Magistrate is prevented from attending the discussion and voting, he shall give his vote in writing, in a well-founded and signed form, and shall forward it directly to the President of the Court. If I can't write or sign, it'll be the clerk of the court.

The vote thus cast shall be counted with the others and shall be kept, initialled by the one who presides, with the book of judgments.

2. If the judge is unable to vote, the matter shall be decided by the other judges who attended the hearing, if they make up the majority. In the absence of such a hearing, a new hearing shall be held, with the assistance of those who attended the previous hearing and of those who are required to replace the disabled, and in this case the provisions of articles 190 to 192 of this Law shall apply.

3. The provisions of the preceding paragraph shall also apply where any of the Judges who participated in the hearing is unable to intervene in the deliberation and voting because they are in any of the cases referred to in Article 194(2).

Article 200. Impediment of the Judge or the Counsel of the Administration of Justice who attended the hearing or appearance.

1. In the case of single-member courts, where the judge who attended the hearing and was unable to make the decision is unable to make the decision even with the assistance of the Legal Counsel of the Administration of Justice, a new hearing shall be held, presided over by the judge who replaces the disabled person.

The same shall be done where the judge who participated in the hearing is unable to make the decision on the ground that he is covered by one of the cases referred to in Article 194(2).

2. The foregoing shall apply to the litigants of the Administration of Justice who are unable to make a decision, either because they are unable to make a decision or because they are involved in the cases referred to in article 194 bis, after the appearance before them has been held.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15,115 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 201. Most votes.

In the collegial courts, orders and judgements shall be issued by an absolute majority of votes, unless the law expressly indicates a higher proportion.

In no case may a certain number of conforming votes be required to deviate from the majority rule.

Article 202. Disagreements between judges.

1. When a vote on a resolution does not result in a majority of votes on any of the de facto or de jure pronouncements to be made, the points on which the voters have disagreed will be discussed again and voted on.

2. If no agreement is reached, the discord shall be resolved by holding a new hearing, with the judges attending the first hearing increasing two more if the number of the dissenters had been odd, and three if it had been even. The President of the Chamber or Section shall be present for this purpose, first, if he has not already attended; secondly, the judges of the same Chamber who have not seen the case; thirdly, the President of the Court; and, finally, the judges of the other Chambers or Sections, preferably those of the same court order, in accordance with the order of the Governing Chamber.

3. The presiding officer of the Chamber, as set out in the preceding paragraph, shall, by order, record the hearings of discord and appropriate appointments.

4. If, in the vote on a resolution by the Chamber provided for in the second paragraph of this rule, a majority on the points of disagreement does not meet, a further vote shall be taken, subject only to the two opinions which have obtained the greatest number of votes in the preceding paragraph.

Article 203. Drafting of decisions in collegial courts.

In the collegial courts, the rapporteur is responsible for drafting the decisions that have been discussed by the Chamber or Section, if he agrees with the agreement.

If the rapporteur is not satisfied with the majority vote, he will decline the wording of the resolution, and his individual vote should be formulated in a reasoned manner. In this case, the President shall direct the drafting of another Judge and shall arrange for the necessary correction in the speaking session to restore equality in the same.

Article 204. Signing of resolutions.

1. Judicial decisions shall be signed by the judge or by all judges who are not prevented within the prescribed time limit for making such decisions.

2. If, after a decision by a collegial court, a judge of whom they have voted is prevented from signing the decision, the presiding judge shall do so by him, expressing the name of the judge by whom he signs, and stating that the judge of which he has not been able to sign has voted but has been unable to sign.

If the disabled person is the President, the oldest Judge shall sign for him.

3. Judicial decisions shall be authorized or published by the Legal Aid Service, under penalty of nullity.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 205. Separate judicial opinions.

1. Any person who takes part in the voting on a final judgment or order shall sign the agreement, even if he has disagreed with the majority; but in this case, by announcing it at the time of the vote or at the time of signature, he may cast a particular vote, in the form of a judgment, in which the points of fact and the grounds of law of the decision of the court with which he is in conformity may be accepted by reference.

2. The individual vote, with the signature of the author, shall be incorporated into the book of sentences and notified to the parties together with the majority judgement. Where, in accordance with the law, the publication of the judgment is mandatory, the particular opinion, if any, shall be published next to it.

3. A private opinion may also be expressed, subject to the provisions of the preceding paragraphs, where applicable, in respect of brief reasoned orders and orders.

CHAPTER VIII

Procedural decisions

The heading is amended by Art. 15,116 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 1.a. Of the classes, form and content of the resolutions and how to make them, publish them and archive them

Article 206. Types of decisions.

1. Judicial decisions are orders, orders and sentences handed down by judges and courts.

The following rules shall be observed in the declaration proceedings where the law does not express the kind of judicial decision to be used:

1.a An order shall be made when the decision relates to procedural matters requiring a judicial decision as provided by law, provided that in such cases it does not expressly require the form of an order.

2.a Orders shall be issued when appeals are decided against orders or decrees, when decisions are made on the admission or non-admission of a claim, counterclaim, joinder of actions, admission or non-admission of evidence, judicial approval of transactions, mediation agreements and agreements, interim measures and nullity or validity of the proceedings.

Decisions on procedural budgets, records and registrations and incidental matters, whether or not they are dealt with in this Act, shall also take the form of orders, provided that in such cases the law requires a court decision, as well as those that terminate the proceedings of an instance or appeal before the end of its ordinary proceedings, unless, in respect of the latter, the law has provided that they must be terminated by decree. The appeal may be decided by order in the cases referred to in Article 487(1).

3.a A judgement shall be handed down to terminate the proceedings, in first or second instance, once the ordinary proceedings provided for in the law have been completed. Appeals and proceedings for the review of final judgements shall also be decided by judgement, except as provided for in Article 487.1.

2. The decisions of the Lawyers of the Administration of Justice shall be referred to as actions and decrees.

Where the law does not express the kind of resolution to be used, the following rules shall be observed:

1. Orders shall be issued when the decision is intended to give the order the course of action established by law.

2.a A decree shall be issued when the application is admitted, when the proceedings of which the Registrar has exclusive competence are terminated and, in any kind of procedure, when it is necessary or appropriate to give reasons for the decision.

3.a Constancy, communication or enforcement proceedings shall be instituted for the purpose of reflecting facts or acts of procedural significance.

3. The rules set out in the preceding paragraphs shall be followed, where applicable, in the implementation processes.

Paragraph 1 is amended by Article 103.36 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Rule 2 of paragraph 1 is amended by final provision 3.6 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

Written according to the bug correction published in BOE No. 178 of 26 July 2012. Ref. BOE-A-2012-9982.

Rule 2 of paragraph 1 is amended by final provision 2.6 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Written according to the bug correction published in BOE No. 65 of 16 March 2012. Ref. BOE-A-2012-3749.

It is amended by art. 15,117 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 207. Final resolutions. Firm resolutions. That's a formal judgment.

1. It is final decisions that terminate the first instance and decide on appeals against them.

2. These are final decisions against which no good remedy is available for failure to provide for it by law, either because the legally fixed time limit has been passed without either party having submitted it.

3. Firm decisions are handed down in res judicata authority and the court of the proceedings in which they have been brought must in any case be subject to the provisions of those decisions.

4. Once the time limits for appealing a decision have expired without contesting it, it shall be final and passed on to the res judicata authority, and the court of the proceedings shall be required in any case to comply with the provisions of the decision.

Article 208. Form of written decisions.

1. Orders and orders shall be limited to expressing what is ordered by them and shall also include a succinct statement of reasons when the law so provides or if the person who is required to make such orders deems it appropriate.

2. The decrees and orders shall always be reasoned and shall contain in separate paragraphs and numbered the factual background and the legal basis on which the subsequent operative part or judgement is based.

3. In the case of judgments and orders, the Court must indicate that they are issued, with the expression of the Judge or Judges who make up the Court and their signature and indication of the name of the rapporteur, when the Court is collegial. In the case of orders issued by Chambers of Justice, the signature of the rapporteur shall suffice.

Decisions issued by the Legal Aid Service shall always indicate the name of the person who issued the decision, with an extension of his signature.

4. A decision shall include a reference to the place and date on which it is adopted and whether it is final or whether there is a remedy against it, including, in the latter case, the appropriate remedy, the body to which it is to be brought and the time limit for appealing.

The heading is amended by Article 3 April 2025. 22.13 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15,118 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 209. Special rules on the form and content of written judgements.

Written judgements shall comply with the provisions of the preceding article and shall also be subject to the following rules:

1.a The names of the parties and, where necessary, the legitimation and representation under which they act, as well as the names of lawyers, lawyers, prosecutors and prosecutors and the subject matter of the trial, shall be expressed in the chapeau.

2.a The factual background shall state, with the possible clarity and conciseness and in separate and numbered paragraphs, the claims of the parties or interested parties, the facts in which they are founded, which have been adduced in a timely manner and relate to the issues to be resolved, the evidence proposed and practised and the facts proved, if any.

3.a The bases of law shall express, in separate and numbered paragraphs, the points of fact and law established by the parties and those offering the questions at issue, giving the reasons and legal grounds for the judgement to be rendered, with specific expression of the legal rules applicable to the case.

4.a The judgement, which shall be in accordance with the provisions of articles 216 et seq., shall contain, numbered, the statements relating to the claims of the parties, even if the estimation or rejection of all or some of those claims may be deducted from the legal bases and the award of costs. It shall also determine, where appropriate, the amount to be sentenced, without its determination being reserved for the execution of the sentence, without prejudice to article 219 of this Act.

It is amended, with effect from 3 April 2025, by art. 22.14 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 210. Oral resolutions.

1. Unless the law allows for a deferment of the decision, decisions other than decisions to be rendered at the time of a hearing, hearing or appearance before the Court or the legal counsel or counsel of the Administration of Justice shall be delivered orally at the same event, which shall be documented in the form of the judgement and the succinct statement of reasons for those decisions. It shall also be expressed whether or not the decision is final, indicating, in this case, the appropriate remedies, the body to which they must be brought and the time limit for doing so.

2. Orally delivered a resolution, if all persons who are parties to the proceedings are present at the proceedings, either themselves or duly represented, and if they express their decision not to appeal, the firmness of the resolution shall be declared in the same act.

Apart from this case, the time limit for appeal shall begin to run from the notification of the duly drafted decision.

3. Except in proceedings in which counsel is not involved in accordance with article 31.2, oral judgements may be rendered in the context of the oral proceedings, with the expression of the parties ' claims, the evidence proposed and carried out and, where appropriate, the facts established as a result thereof, stating the reasons and legal grounds for the judgement to be rendered, with specific expression of the legal rules applicable to the case. The judgement shall be in accordance with the provisions of rule 4a of article 209.

The judgement shall be delivered at the conclusion of the same act of the hearing in the presence of the parties, without prejudice to its subsequent drafting by the judge, judge or judge. It shall be stated whether or not the judgement is final, indicating, in this case, the appropriate remedies, the body to which they must be brought and the time limit for doing so.

4. An oral judgment shall be delivered if all persons who are parties to the proceedings are present at the proceedings, either themselves or duly represented, and if they express their decision not to appeal, the finality of the decision shall be declared in the same act. Apart from this case, the time limit for appeal shall begin to run from the notification of the duly drafted judgement. The parties shall have five days from the time of the hearing to submit a written statement expressing their interest in appealing against it, expressing the pronouncements that are the subject of the hearing. The time limit for lodging an appeal shall begin to run from the day following the date on which the party was notified of the written judgment with a written statement of the judgement and with a brief statement of reasons.

It is amended, with effect from 3 April 2025, by art. 22.15 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15.119 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 211. Time limit for making court decisions.

1. The decisions of courts and attorneys of the Administration of Justice shall be issued within the time limit established by law.

2. Failure to comply with the time limit will result in disciplinary correction, not just a fair cause, which will be recorded in the decision.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.120 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 212. Publication and archiving of judgements.

1. Judgments and other final decisions, once they have been issued and signed by those who have issued them, shall be published and deposited with the Judicial Office, and the Legal Service of the Administration of Justice shall order their notification and filing, and shall be made public in the manner permitted or ordered by the Constitution and the laws.

2. Without prejudice to the second subparagraph of paragraph 1 Article 236 quinquies of Organic Law 6/1985 of 1 Julyany interested party shall be allowed access to the text of the sentences or to certain extremes thereof. Such access may only take place after dissociation of personal data contained therein and with full respect for the right to privacy, the rights of persons requiring a special duty of guardianship, the guarantee of anonymity of those affected, where appropriate, and, in general, to prevent the use of sentences for purposes contrary to the law.

3. Judgments in proceedings concerning the application of Articles 81 and 82 of the EC Treaty or Articles 1 and 2 of the Competition Act shall be communicated by the Legal Aid Service to the National Competition Commission.

4. In cases where the court does not have an electronic judicial record, the lawyers of the Administration of Justice shall place in the orders literal certification of judgments and other final decisions.

In cases where the court has an electronic judicial record, it shall ensure that the judgement is incorporated and recorded therein, signed electronically in accordance with the provisions of the rules governing the use of technology in the administration of justice.

Paragraph 4 is amended by Article 103.37 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 2 and the references to the "Judicial Secretaries" are amended by final provision 4.9 and additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

It is amended by art. 15,121 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 3 is added by additional provision 2.2 of Law 15/2007 of 3 July. Ref. BOE-A-2007-12946

Article 213. Register of judgments.

In each court, a book of judgements shall be kept in the custody of the legal counsel or counsel of the Administration of Justice, including all final orders of equal character, signed, as well as any particular votes that have been cast, which shall be ordered accordingly according to their date. Where computer systems permit the generation of electronic books, the legal counsel of the Administration of Justice shall ensure the proper use of the systems.

It is amended by art. 103.38 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 213 bis. Register of procedural decrees.

A book of decrees shall be kept in each court under the responsibility and custody of the legal counsel of the Administration of Justice, including all final ones signed, which shall be ordered chronologically. Where computer systems permit the generation of electronic books, the legal counsel of the Administration of Justice shall ensure the proper use of the systems.

It is amended by art. 103.39 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is added by art. 15,122 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Text added, published on 04/11/2009, in force from 04/05/2010.

Article 214. Invariability of resolutions. Clarification and correction.

1. The courts may not vary the decisions they make after they are signed, but they may clarify some obscure concept and rectify any material error they suffer.

2. The clarifications referred to in the preceding paragraph may be made on their own initiative by the Court or Counsel of the Administration of Justice, as appropriate, within two working days of the publication of the decision, or at the request of a party or the Prosecutor's Office within the same time limit, and in this case the person who issued the decision in question shall decide within three days of the submission of the letter requesting the clarification.

3. The manifest material errors and arithmetical errors in which the decisions of the Courts and Lawyers of the Administration of Justice are made may be rectified at any time.

4. There shall be no appeal against a decision that decides on clarification or correction, without prejudice to any appeals, if any, against the decision to which the request or action of its own motion relates.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 2 and 3 are amended and paragraph 4 is added by Article 15.123 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 215. Correction and addition of defective or incomplete judgments and orders.

1. Any omissions or defects which may result in judgments and orders and which may be necessary to remedy in order to give full effect to those decisions may be remedied by order within the same time limits and by the same procedure as laid down in the preceding article.

2. In the case of judgments or orders which have manifestly omitted decisions on claims duly withdrawn and substantiated in the proceedings, the Court shall, at the written request of a party within five days of notification of the decision, after transmission by the Legal Aid Service of that application to the other parties, for further five days, issue an order in which it shall decide to complete the decision with the decision omitted or there shall be no place to complete it.

3. If the court is aware of the omissions referred to in the preceding paragraph, it may, within five days of the date on which it is delivered, proceed ex officio by order to complete its decision, but without amending or rectifying what it has agreed.

4. Similarly to the one set out in the preceding paragraphs, the Office of the Attorney-General shall proceed when it is necessary to amend or supplement the decrees it has issued.

5. There shall be no appeal against orders or decrees supplementing or refusing to supplement the decisions referred to in the preceding paragraphs of this article, without prejudice to any appeals, if any, against the judgment, order or decree referring to the application or action of the Court or the Legal Aid Service. The time limits for such appeals, if applicable, shall be interrupted upon request for clarification, rectification, correction or supplementation, continuing to be counted from the day following notification of the decision recognizing or denying the failure to make a decision and agreeing or refusing to remedy it.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 2 and 4 are amended and paragraph 5 is added by Article 15,124 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 2.a On the internal requirements of the judgment and its effects

Article 216. Principle of justice begs.

The civil courts shall decide on matters on the basis of the parties ' factual contributions, evidence and claims, except where otherwise provided by law in special cases.

Article 217. Burden of proof.

1. Where, at the time of issuing a judgment or similar decision, the court considers that facts relevant to the decision are doubtful, it shall dismiss the claims of the actor or the co-convenor, or those of the defendant or the co-convenor, as the burden of proving the facts remains uncertain and substantiate the claims.

2. It is the duty of the actor and the respondent to prove the certainty of the facts from which, according to the legal rules applicable to them, the legal effect corresponding to the claims of the claim and the counterclaim is normally disclosed.

3. It is the burden of the defendant and the person concerned to prove the facts which, in accordance with the rules applicable to them, prevent, extinguish or render effective the legal effect of the facts referred to in the preceding paragraph.

4. In proceedings concerning unfair competition and unlawful advertising, the defendant shall bear the burden of proving the accuracy and veracity of the indications and statements made and of the material data expressed by the advertising, respectively.

5. In cases where the complainant ' s allegations are based on discriminatory actions based on sex, sexual orientation and identity, gender expression or sexual characteristics, and provide well-founded evidence of their existence, the defendant shall be provided with an objective and reasonable justification, sufficiently proven, of the measures taken and of their proportionality.

For the purposes of the preceding paragraph, the judicial body may, on its own initiative or at the request of a party, seek a report or opinion from the competent public bodies.

6. The rules contained in the preceding paragraphs shall apply provided that an express legal provision does not distribute the burden of proving the relevant facts by special criteria.

7. In applying the provisions of the preceding paragraphs of this article, the court must bear in mind the availability and ease of proof which is applicable to each of the parties to the dispute.

Paragraph 5 is amended by final provision 5.3 of Law 4/2023 of 28 February. Ref. BOE-A-2023-5366

Paragraph 5 is amended by final provision 2.3 of Law 15/2022 of 12 July. Ref. BOE-A-2022-11589

Paragraphs 5 and 6 are renumbered as 6 and 7 and paragraph 5 is added by additional provision 5.3 of Organic Law 3/2007 of 22 March. Ref. BOE-A-2007-6115

Article 218. Exhaustiveness and consistency of sentences. Motivation.

1. Judgments must be clear, precise and consistent with the claims and other claims of the parties, duly deducted in the case. They shall make such statements as they require, condemning or absolve the defendant and deciding all points of dispute that have been the subject of the debate.

The court, while not departing from the case of a request on grounds of fact or law other than those which the parties have sought to assert, shall rule in accordance with the rules applicable to the case, even if they have not been correctly cited or invoked by the litigants.

2. Judgments shall be reasoned by expressing the factual and legal reasoning leading to the assessment and assessment of evidence and the application and interpretation of the law. The reasons must have an impact on the various factual and legal elements of the case, considered individually and together, always in accordance with the rules of logic and reason.

3. Where the points in dispute have been several, the court shall, with appropriate separation, make the decision corresponding to each of them.

Article 219. Judgments with settlement reservation.

1. Where the payment of a certain amount of money or of fruits, income, profits or products of any kind is claimed in court, the application may not be limited to seeking a merely declarative judgment of the right to receive them, but must also be sought for a sentence to be paid, quantifying precisely their amount, without its being requested to be determined in execution of the judgment, or clearly laying down the bases on which the liquidation is to be carried out, so that the liquidation is based on a pure arithmetical operation.

2. In the cases referred to in the preceding paragraph, the sentence shall establish the exact amount of the respective quantities, or lay down clearly and precisely the basis for their liquidation, which shall consist of a simple arithmetic operation to be carried out in the execution.

3. Apart from the above cases, the plaintiff may not claim, nor shall the court be allowed in the judgment, that the sentence be carried out subject to liquidation in the execution. Notwithstanding the foregoing, the plaintiff shall be allowed to apply, and the court shall order, for the payment of the amount of money, fruits, income, profits or products where that is exclusively the claim and the problems of the specific settlement of the amounts are left for subsequent litigation.

Article 220. You condemn the future.

1. Where the payment of interest or periodic benefits is claimed, the sentence may include a sentence to satisfy the interest or benefits accruing after the time of delivery.

2. In cases of periodic rent claims, where the action for a claim is joined to the eviction action for failure to pay or for the legal or contractual expiry of the time limit, and the plaintiff has expressly interested him in his statement of claim, the judgement, order or decree shall also include a sentence to satisfy the due income that is accrued after the submission of the claim until the actual possession of the estate is delivered, on the basis of the settlement of the future income, the amount of the last monthly claimed upon the filing of the claim.

Paragraph 2 is amended by Art. 2.3 of Law 4/2013 of 4 June. Ref. BOE-A-2013-5941.

It is amended by art. 2.6 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Article 221. Judgments issued in proceedings promoted by consumer or user associations.

1. Without prejudice to the provisions of the preceding articles, judgements handed down as a result of claims brought by consumer associations or users with the legitimacy referred to in article 11 of this Law shall be subject to the following rules:

1.a If a money sentence has been sought, to do, not do or give specific or generic thing, the judgment of esteem shall determine individually the consumers and users who, according to the laws on their protection, are to be deemed to be benefited by the sentence.

Where the individual determination is not possible, the judgment shall establish the data, characteristics and requirements necessary to be able to demand payment and, where appropriate, to call for enforcement or intervene in it, should the applicant association request it.

2.a If, as a sentence budget or as a principal or sole pronouncement, a particular activity or conduct is declared unlawful or not in accordance with the law, the judgement shall determine whether, under consumer and user protection legislation, the declaration is to have procedural effects not limited to those who have been parties to the relevant proceedings.

3.a If specific consumers or users have been identified, the judgment must expressly rule on their claims.

2. In the judgment finding an action for cessation of the collective interests and the diffuse interests of consumers and users, the Court may, if it considers it appropriate, and from the defendant, agree to publish the judgment in whole or in part or, where the effects of the infringement can be maintained over time, a rectifying declaration.

Paragraph 1 is numbered and paragraph 2 is added by Article 1.5 of Law 39/2002 of 28 October. Ref. BOE-A-2002-20855

Article 222. Thing judged material.

1. The res judicata of final judgements, whether final or not, shall exclude, in accordance with the law, a subsequent proceeding whose object is identical to that of the proceedings in which it took place.

2. The res judicata reaches the claims of the application and counterclaim, as well as the points referred to in Article 408(1) and (2) of this Law.

New and different facts shall be considered, in relation to the basis of the claims in question, those following the complete preclusion of the acts of allegation in the proceedings in which they are made.

3. The res judicata shall affect the parties to the proceedings in which it is issued and their heirs and successors, as well as the subjects, not litigants, entitled to the rights underlying the legitimation of the parties as provided for in articles 11 and 11 bis of this Act.

In decisions on marital status, marriage, filiation, paternity, maternity and measures of support for the exercise of legal capacity, the res judicata shall have effect against third parties on the basis of their registration or entry in the Civil Registry.

Judgments on the challenge of corporate agreements shall affect all partners, even if they have not litigated.

4. A decision by force of res judicata in a final judgement that has terminated a proceeding shall bind the court of a subsequent proceeding when it appears in the court as a logical precedent for what is its object, provided that the litigants in both proceedings are the same or the res judicata is extended to them by legal provision.

Paragraph 3 is amended by Art. 103.40 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 3 is amended by final provision 2.4 of Law 15/2022 of 12 July. Ref. BOE-A-2022-11589

The second subparagraph of paragraph 3 shall be amended with effect from 3 September 2021 by Art. 4.5 of Law 8/2021 of 2 June. Ref. BOE-A-2021-9233

Drafted the first subparagraph of paragraph 3 in accordance with the correction of errors published in BOE No. 90 of 14 April 2000. Ref. BOE-A-2000-7052

Section 3.a on management procedures

Article 223. Ordination diligence.

(No content)

It is left without content by art. 15.125 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 224. Review of ordination procedures.

(No content)

It is left without content by art. 15.125 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER IX

Annulment of proceedings

The heading is amended by Art. 15,126 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 225. Full nullity.

The procedural acts shall be null and void in the following cases:

1. When they occur by or before the Tribunal with a lack of jurisdiction or objective or functional competence.

2. When they are carried out under violence or intimidation.

3. Where essential rules of procedure are dispensed with, provided that defencelessness may have occurred for that reason.

4. When performed without the intervention of a lawyer, in cases where the law makes it mandatory.

5.o When hearings are held without the requisite intervention of the Legal Aid Service.

6. When matters are resolved by means of ordination or decree, which are to be resolved by order, order or judgment, according to the law.

7. In other cases where this law so provides.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.127 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 226. Way to proceed in case of intimidation or violence.

1. Courts whose actions have occurred with intimidation or violence, as soon as they are free from it, shall declare null and void all practices and shall promote the formation of cases against the guilty parties, bringing the facts to the attention of the Public Prosecutor.

2. The acts of the parties or persons involved in the proceedings shall also be declared null and void if it is established that they occurred under intimidation or violence. The nullity of these acts shall entail that of all other acts connected with it or which may have been substantially conditioned or influenced by the null act.

Take into account final provision 17 for its application.

Article 227. Declaration of invalidity and applications for annulment of proceedings.

1. Full nullity, in any event, and procedural defects in procedural acts which entail the absence of the necessary conditions for achieving their purpose or determine effective defencelessness, shall be invoked by means of the remedies established by law against the decision in question.

2. Without prejudice to this, the court may, on its own initiative or at the request of a party, before a decision has been taken to terminate the proceedings, and provided that no remedy is required, declare, after hearing the parties, the nullity of all or any particular proceedings.

In no case may the court, on appeal, decide ex officio to render null and void any proceedings which have not been sought in such an appeal, unless it finds that there is a lack of jurisdiction or objective or functional competence or that violence or intimidation has occurred affecting that court.

Take into account final provision 17 for its application.

Article 228. Exceptional application to set aside procedural acts.

1. Incidents of nullity of proceedings shall not be generally admitted. However, exceptionally, those who are or should have been legitimate parties may request in writing that proceedings based on any infringement of a fundamental right referred to in the Article 53.2 of the Constitutionprovided that it has not been possible to denounce it before a decision is taken to put an end to the proceedings and provided that such a decision is not subject to ordinary or extraordinary appeal.

The same Court which issued the final decision shall have jurisdiction to deal with this incident. The period within which to apply for annulment shall be 20 days from the date of notification of the decision or, in any event, from the date of the knowledge of the defect causing defencelessness, without the latter being able to apply for annulment of proceedings after five years after the notification of the decision.

The Tribunal shall inadmissiate, by a succinctly reasoned order, any incident in which further questions are sought. There shall be no appeal against the decision refusing to proceed.

2. The application for annulment based on the defects referred to in the preceding paragraph of this Article shall not be dismissed and the effectiveness of the judgement or decision shall not be suspended unless the suspension is expressly agreed in order to prevent the incident from losing its purpose, the letter shall be transmitted by the Legal Counsel of the Administration of Justice, together with a copy of the documents accompanying it, where appropriate, to prove the defect or defect in which the application is based, to the other parties, who may, within a common period of five days, make their submissions in writing, accompanied by the documents deemed relevant.

If the nullity is found, the proceedings shall be reinstated to the state immediately preceding the defect that caused it and the procedure established by law shall be followed. If the application for annulment is rejected, the applicant shall be ordered to pay all the costs of the incident and, if the Court considers that it was recklessly promoted, it shall also be fined from EUR 90 to EUR 600.

There shall be no appeal against the decision resolving the incident.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.128 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amounts referred to in paragraph 2 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Article 229. Judicial proceedings carried out outside the established time.

Proceedings conducted outside the prescribed time period may be annulled only if the nature of the term or period imposes it.

Take into account final provision 17 for its application.

Article 230. Conservation of events.

The nullity of an act shall not imply that of successive acts which are independent of that act or of those whose content has remained unchanged even without the commission of the infringement which gave rise to the invalidity.

It is amended by art. 15,129 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 231. Subsistence.

The Court and the Court of Justice shall ensure that any defects in the procedural acts of the parties may be remedied.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.130 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER X

The reconstruction of court orders

The heading is amended by Art. 15.131 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 232. Competence and intervention of the Public Prosecutor ' s Office.

1. The Registrar of the judicial office in which the disappearance or mutilation occurred shall be competent to process the total or partial reconstitution of all types of judicial proceedings.

2. The Prosecutor ' s Office will always be a party to the procedures for the reconstruction of proceedings.

Paragraph 1 is amended by Article 15.132 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 233. Commencement of the record of reconstruction of actions.

The Court, or the Court of Justice in proceedings of its exclusive competence, ex officio, or the parties or their heirs, where appropriate, may call for the reconstruction of the cases. If the proceedings are initiated at the request of a party, they shall begin by written form containing the following points:

1. When the disappearance or mutilation occurred, with the precision possible.

2nd Procedural situation of the case.

3.o Data you know and means of investigation that may lead to reconstitution.

This document shall be accompanied, as soon as possible, by authentic and private copies of the documents retained, and in another case the protocols or records in which they are made of their matrices or any entries or inscriptions have been made. Copies of the written submissions and decisions of any kind that have relapsed into the trial, as well as any other documents that may be useful for reconstruction, will also be attached.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The first paragraph is amended by Article 1. 15.133 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 234. Citation of the parties to appear. Effects of their failure.

1. In accordance with an order from the Court or, where appropriate, by the Office of the Legal Counsel of the Administration of Justice, the commencement of the procedure for the reconstruction of the proceedings, the Office of the Legal Counsel shall order the parties to be summoned to appear before it, which shall take place within a maximum period of 10 days. The parties and their lawyers must attend this event, provided that their involvement is mandatory in the proceedings whose proceedings are intended to be reconstructed.

2. The absence of any of the parties shall not preclude the continuation of the appearance with which they are present. If no one is present, the procedure shall be conducted with the Public Prosecutor.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.134 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 235. Beginning of the appearance. No controversy. Evidence and decision.

1. The appearance shall begin by requiring the parties to express their agreement or disagreement with the accuracy of the documents and documents submitted by the instant part of the proceedings, as well as with those which the other parties may have contributed to the same act.

2. The Counsel of the Administration of Justice, heard by the parties and examined the submissions and documents submitted, after the Prosecutor's report, shall determine the extent to which there has been agreement between the litigants and those in which, regardless of accidental differences, there has been a disagreement.

3. Where there is no dispute as to the extremes involved in the reconstruction, the Legal Counsel of the Administration of Justice shall issue a decree declaring the proceedings reconstituted and determining the procedural situation from which it is to be departed for the subsequent course of the trial in question.

4. Where there is total or partial disagreement between the parties, the Legal Aid Board shall summon the parties and the Public Prosecutor before the Court, which shall be held within the following 10 days and shall propose the evidence specified, which shall be carried out at the same act, or if that is not possible, within 15 days. The Court shall rule by order on the manner in which the proceedings should be reconstituted or the impossibility of their reconstitution. An appeal may be lodged against such an order.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.135 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

TITLE VI

Cessation of judicial proceedings and the expiry of proceedings

Article 236. Impulse of the proceedings by the parties and expiry.

The failure of the parties or interested parties to initiate proceedings shall not result in the expiry of the proceedings or of the appeal.

Article 237. Lapse of proceedings through inactivity.

1. The courts and appeals in all types of proceedings shall be deemed abandoned if, despite the ex officio impulse of the proceedings, no procedural activity occurs within two years, when the proceedings are in first instance; and of one, if the proceedings are in second instance or pending appeal.

These deadlines will be counted since the last notification to the parties.

2. Against the decree declaring the expiry of the period, only an appeal for review may be lodged.

It is amended by art. 103.41 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 2 is amended by Art. 15.136 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 238. Exclusion from expiry by force majeure or against the will of the parties.

There shall not be an expiry of the proceedings or appeals if the proceedings have been suspended by force majeure or for any other cause contrary to or not attributable to the wishes of the parties or interested parties.

Article 239. Exclusion of the expiry of the instance in execution.

The provisions of the preceding articles shall not apply in proceedings for enforcement.

These proceedings may be continued until the court has completed, even if they have been terminated within the time limits specified in this Title.

Article 240. Effects of the expiry of the instance.

1. If the expiry occurs at the second instance or in the appeal, the appeal or appeal shall be dismissed and the decision under appeal shall be final and the proceedings referred to the court of appeal shall be returned.

2. If the expiry occurs at the first instance, the withdrawal shall be deemed to have occurred at that instance, and a new application may therefore be brought, without prejudice to the expiry of the action.

3. The declaration of expiry shall not contain the imposition of costs, each party having to pay the costs caused by it and the common costs in half.

Paragraph 1 is amended by Article 103.42 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

TITLE VII

The cost assessment

Article 241. Payment of costs and costs of the proceedings.

1. Except as provided for in the Free Legal Assistance Act, each party shall pay the costs and costs of the proceedings incurred at its request as they proceed.

Expenses of the process shall be deemed to be those disbursements which have their direct and immediate origin in the existence of such proceedings, and costs the part of those which relate to the payment of the following items:

1. Fees for defence and technical representation when required.

2. Insertion of notices or edicts that must be published in the course of the process.

3rd Deposits required for the submission of appeals.

4. Rights of experts and other fertilisers to be performed on persons who have intervened in the proceedings.

5. Copies, certifications, notes, testimonies and similar documents to be requested under the Act, except for those required by the court to conduct public records and protocols, which shall be free of charge.

6th Tariff duties to be paid as a result of actions necessary for the development of the process.

7. The fee for the exercise of judicial authority, when required. The amount of the fee paid in the foreclosure proceedings for the acquisition of habitual housing shall not be included in the costs of the proceedings. Nor shall it be included in other enforcement proceedings arising from such mortgage loans or loans when they are directed against the person executed or against the guarantors.

2. Holders of claims arising out of proceedings may claim them from the party or parties who must satisfy them without waiting for the proceedings to be completed and regardless of the costs involved.

Paragraph 1(7) is amended by Article 3 of Royal Decree-Law 3/2013 of 22 February. Ref. BOE-A-2013-2029.

Point 7 of paragraph 2 is amended by final provision 3 of Law 10/2012 of 20 November. Ref. BOE-A-2012-14301.

Point 7 is added to the second subparagraph of paragraph 1 by Article 4.3 of Act No. 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Article 242. Application for a cost assessment.

1. Where the decision is ordered by a court, the latter shall be ordered to pay the costs, after being assessed, if the defendant has failed to satisfy them before the opposite party applies for the assessment.

2. The party requesting the cost assessment shall submit with the application supporting evidence that it has satisfied the amounts claimed for reimbursement.

3. Once the sentence has been handed down, prosecutors, lawyers, experts and other persons who have intervened in the trial and who have some credit against the parties to be included in the cost assessment may submit to the judicial office a detailed statement of their rights or fees and a detailed and justified account of the expenses they have incurred.

4. The duties applicable to officials, prosecutors and professionals subject to them shall be subject to the tariffs.

5. Lawyers, experts and other professionals and officials who are not subject to a tariff shall fix their fees subject, where appropriate, to the rules governing their professional status.

Paragraph 3 is amended by Art. 15.137 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 243. Cost valuation practice.

1. In all types of proceedings and instances, the cost assessment shall be carried out by the Registrar of the Court who has heard the proceedings or appeal, respectively, or, where appropriate, by the Legal Counsel of the Administration of Justice in charge of enforcement.

2. The valuation shall not include any rights relating to writings and proceedings which are useless, superfluous or not authorized by law, or any items of minutes which are not expressed in detail or which relate to fees which have not been accrued in the proceedings.

Nor shall the rights of the procurators accruing from the performance of the procedural acts of communication, cooperation and assistance to the Administration of Justice, as well as from other purely optional actions which might otherwise have been carried out by the judicial offices, be included in the cost assessment.

The Lawyer of the Administration of Justice shall reduce the amount of the fees of lawyers and other professionals who are not subject to tariff or tariff, where the applicants exceed the limit referred to in Article 394(3) and the litigant who has been sentenced to costs has not been declared reckless.

In cost assessments, attorney fees and attorney fees will include Value Added Tax in accordance with the provisions of the law governing it. The amount of such tax shall not be calculated for the purposes of Article 394(3).

3. The costs of proceedings or incidents in which the party favoured by the decision on costs in the main proceedings was expressly ordered shall not be included.

Paragraph 2 is amended by Article 28 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15.138 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 244. Transfer to the parties. Approval.

1. The costs shall be transferred to the parties for a common period of 10 days by the Lawyer of the Administration.

2. Once the transfer referred to in the preceding paragraph has been agreed, no entry or addition of any item shall be permitted, reserving to the person concerned his right to claim it from whom and as appropriate.

3. After the period laid down in paragraph 1 has elapsed without having been challenged the assessment of costs carried out or without having applied for exemption or reduction in accordance with the provisions of the following Article, the lawyer or lawyer of the Administration of Justice shall approve it by decree. This decision can be appealed directly for review, and against the order by ruling on the review appeal there is no appeal.

Paragraph 3 is amended with effect from 3 April 2025, by Art. 22.16 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The heading is amended and paragraph 3 is added by Article 15.139 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 245. Objection to the cost assessment and request for exemption or restraint thereof.

1. The assessment of costs may be challenged within the time limit referred to in the preceding Article.

2. The challenge may be based on the fact that they have been included in the improper valuation, items, duties or expenses. But, as for the fees of lawyers, lawyers, experts or professionals not subject to tariffs, the valuation may also be challenged on the grounds that the amount of such fees is excessive.

3. The party favoured by the award of the costs may challenge the assessment for failure to include in the assessment the duly justified and claimed expenses.

It may also base its claim on not including the full amount of fees paid by its lawyer, lawyer, expert, professional or non-tariff staff members who have acted in the proceedings at its request, or on the failure to correctly include the rights of its solicitor.

4. The statement of objections shall state the accounts or minutes and the specific items to which the discrepancy relates and the reasons for the discrepancy. In the absence of such a reference, the lawyer or the lawyer of the Administration of Justice shall, by decree, inadmissibility of the challenge. An appeal for review may be lodged against the decree.

5. Without prejudice to the provisions of the preceding paragraphs and within the same time limit, the party liable to pay the costs may request exemption from payment or moderation of the amount thereof if it has made a proposal to the opposing party in any of the appropriate means of dispute settlement to which it has been referred, the same would not have been accepted by the requested party and the judicial decision terminating the proceedings is substantially in line with the content of that proposal.

The same consequences will have the unjustified rejection of the proposal made by the neutral third party, where the judgement lapsed in the proceedings is substantially in line with the aforementioned proposal.

The request for exemption or amendment shall be accompanied by the full documentation relating to the proposal, which shall at this stage be exempt from confidentiality. In the absence of such documentation, the Legal Aid Service shall, by decree, inadmissibility of the application. An appeal for review may be lodged against this decree.

It is amended, with effect from 3 April 2025, by art. 22.17 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 4 is amended by Article 15.140 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 245 bis. Processing and decision of the request for exemption or reduction.

1. If, after the assessment, the party ordered to pay the costs has applied for exemption or for a reduction in the amount of the costs in accordance with Article 245(5), the counsel or counsel of the Administration of Justice shall forward the other party for three days to take a decision on the application.

2. In the event that the party favoured by the sentence on costs accepts the exemption or reduction requested to the contrary, the counsel or the lawyer of the Administration of Justice shall issue a decree setting, where appropriate, the amount due in the terms of the application. It shall be deemed to be in conformity with the request if it leaves the deadline without evacuating the transfer.

An appeal for review may be lodged against this decree.

3. In the event that the party favoured by the award of the costs does not accept the exemption or reduction sought to the contrary, the court shall decide whether or not they are appropriate in the amount assessed, by order without the award of the costs. If a reduction is considered appropriate, the order must indicate the specific percentage and the items covered by it.

This order may be subject to an appeal for replacement.

4. Once the decision refusing the exemption or reduction has been signed and the decision which reduced the amount of the costs, the challenge to the assessment of costs for excessive or undue costs shall be dealt with in accordance with the provisions of the following article.

It is added, with effect from 3 April 2025, by art. 22.18 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 03/04/2025.

Article 246. Processing and decision of the challenge.

1. If the valuation is challenged as excessive the fees of the lawyers or lawyers, the lawyer or lawyer concerned shall be heard within five days and, if he does not accept the reduction of the fees claimed, testimony shall be passed from the records, or from the part thereof as necessary, to the Bar Association for the purpose of reporting. It shall not be necessary within the scope of Article 438a when a report has already been issued in advance, unless justified by the existence of circumstances other than those taken into account by the Bar Association for the preparation of the previous report.

2. The provisions of the preceding paragraph shall also apply in respect of the challenge of expert fees, in which case the opinion of the Professional College, Association or Corporation to which they belong shall be sought.

3. The lawyer or lawyer of the Administration of Justice shall, in the light of the proceedings and the opinions issued, issue a decree maintaining the evaluation carried out or, where appropriate, make any amendments he considers appropriate.

4. Where the valuation is challenged because undue fees or duties have been included in the valuation, or because duly justified and claimed expenses have not been included in the valuation, the counsel or counsel of the Administration of Justice shall forward to the other party for three days to decide on the inclusion or exclusion of the claimed items.

The legal counsel of the Administration of Justice shall decide within three days by decree. In the face of this decision, a direct appeal for review may be lodged and against the order by ruling on the appeal for review, there is no appeal.

If the challenge referred to in paragraph 1 or this subparagraph is totally rejected, the costs of the incident shall be imposed on the disputing party if it has acted in an abuse of the public justice service, or on the professional who challenged the appraisal to include expenses which he considered to be duly justified or claimed. If it is fully or partially estimated, the expert or the party to whom the lawyer or lawyer whose fees have been deemed excessive or improper shall be liable, including in the event that he has acted in an abuse of the public justice service.

Such decrees may be reviewed.

No appeal may be lodged against the decision by way of a review appeal.

5. Where it is alleged that any item of attorney's or expert's fees included in the cost assessment is improper and, if not, would be excessive, both challenges will be dealt with simultaneously, as provided for in the preceding paragraphs, but the ruling on whether the fees are excessive will be suspended until it is decided whether or not the contested item is due.

6. Where a party has the right to free legal aid, no question concerning the obligation of the Administration to pay the amounts claimed under the Free Legal Assistance Act shall be discussed or resolved in the cost-assessment incident.

Paragraphs 1, 3 and 4 are amended by Article 3 of April 2025. 22.19 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 3 and 4 are amended by Article 15,141 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

TITLE VIII

From good procedural faith

Article 247. Respect for the rules of good procedural faith. Fines for non-compliance.

1. The participants in all types of proceedings shall conform in their proceedings to the rules of good faith.

2. The courts shall rule out well-founded requests and incidents made with manifest abuse of law or involving fraud of law or procedure.

3. If the courts consider that either party has acted in violation of the rules of good procedural faith or of abuse of the public service of justice, they may impose, separately, by reasoned agreement and in compliance with the principle of proportionality, a fine ranging from 180 to 6,000 euros, without in any case being able to exceed one third of the amount of the dispute.

In determining the amount of the fine, the court must take into account the circumstances of the act in question, the damage to the proceedings, to the other party or to the administration of justice, the economic capacity of the offender and the repetition of the conduct.

In any event, the lawyer of the Administration of Justice shall record the fact that the corrective action is motivated, the allegations of the person concerned and the agreement to be adopted by the court.

4. If the courts are of the opinion that action contrary to the rules of good faith or through abuse of the public service of justice could be attributable to one of the professionals involved in the proceedings, without prejudice to the provisions of the preceding paragraph, they shall transfer such a circumstance to the respective professional associations in case some form of disciplinary sanction could be imposed. In cases where such action takes place in the context of a process in which the party is to litigate with the benefit of legal aid, such communication shall also be forwarded to the relevant Free Legal Aid Commission.

5. The penalties imposed under this article are subject to the system of remedies provided for in the Title V of Book VII of the Organic Law of the Judiciary.

Paragraphs 3 and 4 are amended by Art. 22.20 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended and paragraph 5 is added by Article 15.142 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amounts referred to in paragraph 3 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Drafted paragraph 4 in accordance with the correction of errors published in BOE No. 90 of 14 April 2000. Ref. BOE-A-2000-7052

BOOK II

Declaratory proceedings

TITLE I

From common provisions to declaratory processes

CHAPTER I

Rules for determining the relevant process

Article 248. Types of declaratory proceedings.

1. Any judicial dispute between parties which has no other procedure specified in the Act shall be reviewed and decided upon in the appropriate declaratory proceedings.

2. They belong to the class of declarative processes:

1. The ordinary trial.

2nd Verbal judgment.

3. Rules for determining the type of trial by reason of the amount shall apply only in the absence of a rule by reason of the matter.

Article 249. Scope of the ordinary trial.

1. The following shall be decided at the ordinary trial, irrespective of the amount:

1. The claims relating to the honorary rights of the person.

2. Those seeking protection of the right to honour, privacy and image, and those seeking civil judicial protection of any other fundamental right, except those relating to the right to rectification. In these proceedings, the Public Prosecutor ' s Office will always be a party, and the prosecution process will be preferred.

3. The demands on the challenge of social agreements adopted by general or special meetings or meetings of partners or bondholders or by collegiate bodies of administration in commercial entities.

4th Claims relating to unfair competition, antitrust, pursuant to Articles 101 and 102 of the Treaty on the Functioning of the European Union or of the Articles 1 and 2 of Law 15/2007 of 3 July, of Defence of Competition, Industrial Property, Intellectual Property and Advertising, provided that they do not appear exclusively on claims of quantity, in which case they will be processed by the procedure that corresponds to them according to the amount that is claimed and the appeals against the decisions of the Spanish Office of Patents and Trademarks in matters of Industrial Property that end the administrative route that will be processed by the procedures of the oral trial in accordance with the provisions of article 250.3 of this law.

However, Article 250 (1), paragraph 12, of this Act shall apply in the case of the exercise of the cessation action in defence of the collective interests and the diffuse interests of consumers and users in the field of advertising.

5o Applications for collective actions relating to general conditions of recruitment in cases provided for in the relevant legislation.

6. Those dealing with any matter relating to urban or rustic leases of immovable property, except in the case of claims for rent or amounts owed by the lessee or eviction due to non-payment or termination of the term of the lease relationship, or unless it is possible to make an assessment of the amount of the subject matter of the proceeding, in which case the proceeding shall be the one appropriate under the general rules of this law.

7o Those who exercise a retraction action of any kind.

8.o When the actions granted to the Boards of Owners are exercised and to the latter the Law 49/1960 of 21 July, on horizontal property, provided that they are not exclusively related to claims of quantity, in which case they will be dealt with by the rules of the oral trial or by the appropriate special procedure.

2. The ordinary court shall also decide on claims of more than fifteen thousand euros and on claims of economic interest which are impossible to calculate, even in a relative way.

It is amended by art. 103.43 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 1.4 is amended by final provision 1.5 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Paragraph 1.6 is amended by Art. 3.1 of Royal Decree-Law 7/2019 of 1 March. Ref. BOE-A-2019-3108

Paragraph 1.6 is amended by Art. 2.7 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Please note that paragraph 2 enters into force on 4 May 2010, as drafted by Law 13/2009.

Paragraph 2 is amended by Art. 15.143 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 1.4 is amended by additional provision 2.3 of Law 15/2007 of 3 July. Ref. BOE-A-2007-12946

Paragraph 1.4 and 5 are amended by Article 1.6 of Law 39/2002 of 28 October. Ref. BOE-A-2002-20855

The amount referred to in paragraph 2 by Annex II to Royal Decree 1417/2001 of 17 December shall be converted to euros. Ref. BOE-A-2001-24625

Article 250. Scope of the oral trial.

1. The following claims shall be decided in a verbal trial, regardless of their amount:

1. Those relating to claims for non-payment of income and amounts due and those which, likewise, on the basis of non-payment of income or amounts due by the lessee, or on the expiry of the contractual or legal period, seek that the owner, usufructario or any other person entitled to own a rustic or urban estate given by lease, ordinary or financial or shareholding, recover possession of that property.

2. Those seeking recovery from full possession of a rustic or urban estate, transferred in precariousness, by the owner, usufructuary or any other person entitled to own such property.

3. Those who seek to have the court take possession of property from those who have acquired it by inheritance if they are not owned by anyone as owner or usufructuary.

4. Those seeking summary custody of the possession or possession of a thing or right by anyone who has been stripped of it or disturbed in its enjoyment.

They may request the immediate recovery of full possession of a dwelling or part thereof, provided that they have been deprived of it without their consent, the natural person who is the owner or legitimate holder of another title, non-profit entities entitled to own it and public entities that own or possess legitimate social housing.

5. Those seeking a summary decision by the court on the suspension of a new work.

6. Those seeking a summary decision by the court to demolish or demolish any work, building, tree, column or any other similar object in a state of ruin and threatening to cause harm to the person who sues.

7. Those which, urged by the holders of real rights registered in the Register of Property, demand the realization of those rights against those who oppose them or disturb their exercise, without having a registered title that legitimizes opposition or disturbance.

8.o Those who request maintenance due by legal provision or by other title.

9. Those involving the exercise of the act of rectification of inaccurate and harmful facts.

10. Those seeking a summary decision by the court on the buyer ' s failure to comply with the obligations arising from contracts entered in the Register of Time-Sale of Furniture Property and formalized in the official model established for that purpose, in order to obtain a conviction that would allow the execution to be directed exclusively on the property or property acquired or financed in instalments.

11. Those seeking a summary decision by the court on the breach of a lease, lease of movable property, or a contract of sale in instalments with a reserve of title, provided that they are registered in the Register of the Long-Term Sale of Furniture Property and formalized in the official model established for that purpose, by the exercise of an action exclusively aimed at obtaining the immediate delivery of the property to the financial lessor, the lessor or the seller or financier at the place indicated in the contract, subject to a declaration of resolution by the latter, if applicable.

12o Those involving the exercise of the cessation action in defence of the collective and diffuse interests of consumers and users.

13th Those seeking the realization of the rights recognized in the Article 160 of the Civil Code. In these cases the verbal judgment will be substantiated with the peculiarities set forth in Chapter I of Title I of Book IV of this law.

14. Applications for individual actions relating to general conditions of recruitment in the cases provided for in the relevant legislation.

15. Those in which the actions granted to the Boards of Owners are exercised and to these the Law 49/1960 of 21 July, on Horizontal Property, provided that they are exclusively related to claims of quantity, whatever the amount.

16o Those in which the action of division of common thing is exercised.

2. The oral proceedings shall also be held in cases where the amount of the claims does not exceed EUR 15 000 and does not concern any of the matters referred to in paragraph 1 of the preceding Article.

3. Appeals against decisions that exhaust the administrative procedure issued in matters of industrial property by the Spanish Patent and Trademark Office shall be decided in oral proceedings, with the specialities established in article 447 bis of this law.

It is amended by art. 103.44 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 3 is added by final provision 1.6 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Section 1.4 is amended by Article 2 of Law 5/2018 of 11 June. Ref. BOE-A-2018-7833

Paragraph 1 (11) is amended by Article 4.4 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraph 1.1 is amended by Art. 2.8 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Please note that paragraph 2 enters into force on 4 May 2010, as drafted by Law 13/2009.

Paragraph 2 is amended by Art. 15.144 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Point 13 is added to paragraph 1 by Article 2 of Law 42/2003 of 21 November. Ref. BOE-A-2003-21338

It should be noted that even if this Act is numbered as paragraph 12, it should be considered that point 13 is being added, since No. 12 was added by Act No. 39/2002 of 28 October.

Point 12 is added to paragraph 1 by Article 1.7 of Act No. 39/2002 of 28 October. Ref. BOE-A-2002-20855

The amount referred to in paragraph 2 by Annex II to Royal Decree 1417/2001 of 17 December shall be converted to euros. Ref. BOE-A-2001-24625

Article 251. Rules for determining the amount.

The amount shall be fixed according to the economic interest of the claim, which shall be calculated in accordance with the following rules:

1.a If a certain amount of money is claimed, the amount of the claim shall be represented by that amount, and if the determination is not made, even in a relative manner, the claim shall be deemed to be of an undetermined amount.

2.a Where the object of the proceedings is the conviction of giving movable or immovable property, irrespective of whether the claim is based on real or personal rights, the claim shall be valued at the time of the filing of the claim, in accordance with current market prices or the procurement of goods of the same kind.

This calculation may be used by the actor of any official valuation of the disputed property, if it is not possible to determine the value by other means, without being able to attribute to the immovable property a value lower than that recorded in the cadastre.

3.a The above calculation rule shall also apply:

1. To the demands aimed at guaranteeing the enjoyment of the powers derived from the domain.

2. To claims affecting the validity, nullity or effectiveness of the title of domain, as well as the existence or extension of the domain itself.

3. To those other petitions, other than those established in the two previous cases, in which the satisfaction of the claim depends on the claimant's proof of ownership status.

4. To claims based on the right to acquire the property of an asset or set of assets, whether because it possesses a right of credit that recognizes it, either by any of the modes of acquisition of the property, or by the right of withdrawal, of recording or of option of purchase ; when the asset is claimed as the object of a sale, it has as a criterion of valuation the price agreed in the contract, provided that it is not inferior in the case of the real estate to its cadastral value.

5.o When the proceedings are about possession, and no other rule of this article applies.

6.o To the actions of detachment, grinding and division of the common thing.

4.a In cases where the claim relates to usufruct or nudity ownership, use, room, turn-use or other limited real right of the domain not subject to special rule, the value of the claim shall be determined on the basis of the tax base on which the tax is based for the creation or transfer of these rights.

5.a The value of a bond claim shall be the price satisfied by its constitution if it is established and its date is not earlier in more than five years. In another case, it shall be taken into account by the legal rules established to fix the price of its constitution at the time of the dispute, whatever the method of acquiring it, and, in the absence of such rules, the twentieth part of the value of the dominant estate and servant, taking into account the provisions of the second rule of this article on movable and immovable property, shall be considered as an amount.

6.a In claims relating to the existence, non-existence, validity or effectiveness of a security right, the value shall be that of the amount of sums secured by all concepts.

7.a In trials of entitlement to periodic benefits, whether temporary or life-long, the value shall be calculated by the amount of an annuality multiplied by 10, unless the period of benefit is less than one year, in which it shall be at the total amount of the benefit.

8.a In judgements concerning the existence, validity or effectiveness of an obligation, the value of the obligation shall be calculated in full, even if it is payable in instalments. This criterion of valuation shall apply to proceedings for the purpose of creating, modifying or terminating an obligation or a right of a personal nature, provided that no other rule of this article applies.

9.a In property lease trials, except for claims for income or amounts due, the amount of the claim shall be the amount of an annuity of income, whatever the periodicity of the contract.

10.a In cases where the claim is based on securities traded on the stock exchange, the amount shall be determined by the average weighted average change of securities, determined in accordance with the law applicable during the calendar year preceding the date of filing of the claim, or by the average weighted average change of securities during the period in which the securities were traded on the stock exchange, where that period was less than the year.

In the case of securities traded on another secondary market, the amount shall be determined by the average trading rate of those securities during the calendar year preceding the submission of the demand, on the secondary market in which they are being traded, or by the average trading rate during the time they were traded on the secondary market, where the securities were traded on that market for a period less than one year.

The average trading rate or, where appropriate, the average weighted exchange rate, shall be credited by certification issued by the secondary market governing body concerned.

If the securities are not traded, the amount shall be calculated in accordance with the accounting valuation rules in force at the time of filing of the claim.

11.a Where the claim is for a benefit to be made, the amount of the claim shall consist of the cost of what is claimed or the amount of damages resulting from the breach, in which case both amounts are not cumulative, unless, in addition to the imposition of performance, compensation is also sought. The amount or calculation of the damages must be taken into account when the benefit is very personal or consists of a non-doing, even if the main requirement is compliance.

12.a In proceedings relating to an inheritance or to a group of separate estates or estates, the above rules shall apply in respect of property, rights or claims which are included in the inheritance or estate subject to the dispute.

Rule 9 is amended by art. 2.9 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Article 252. Special rules in cases of processes with plurality of objects or parts.

Where there is a plurality of objects or parties in the proceedings, the amount of the claim shall be calculated in accordance with the following rules:

1.a Where the claim accumulates several principal actions, which do not come from the same title, the amount of the claim shall be determined by the amount of the higher-value action. The same criterion will be followed in the event that the shares are pooled in a possible way.

2.a If the accumulated shares come from the same title or with the principal action, interest, fruits, income or damages are requested incidentally, the amount will be determined by the sum of the value of all the accumulated shares. But if the amount of any of the shares is not true and liquid, only the value of the shares whose amount is true shall be taken into account.

In fixing the value, only those who have expired will not be taken into account for the purposes of profit, interest or income to be paid. Nor shall the application for a judgment in costs be taken into account.

Without prejudice to the foregoing, if the shares accumulated were the eviction due to non-payment or due to legal or contractual expiry of the period, and the claim for income or amounts due, the amount of the claim will be determined by the highest-value share.

3.a Where several real shares relating to the same movable or immovable property are accumulated in the same claim, the amount may never exceed the value of the disputed thing.

4.a When several periods of time are claimed for the same obligation, the sum of the amounts claimed shall be taken into account as an amount, unless an express statement of the validity or effectiveness of the obligation is requested in the application, which shall be at the total value of the obligation. If the amount of any of the time limits is not true, the amount shall be excluded from the calculation of the amount.

5.a They shall not affect the amount of the claim, or of the type of judgment to be followed by reason of the amount, counterclaim or the cumulation of orders.

6.a The attendance of several claimants or of several defendants in the same claim shall not affect the determination of the amount, where the request is the same for all of them. The same shall be true when the plaintiffs or defendants are so by virtue of solidarity ties.

7.a Where the plurality of parties also determines the plurality of the claimed actions, the amount shall be determined according to the rules for determining the amount contained in this article.

8.a In the event of an extension of the claim, the above rules shall also be followed.

Rule 2 is amended by art. 2.10 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Article 253. Expression of the amount in the claim.

1. The actor shall state the amount of the claim justifiably in his original submission. This amount shall in any event be calculated in accordance with the rules of the preceding articles.

The alteration of the value of the goods in dispute after the application has been filed shall not entail a change in the amount or the type of judgment.

2. The amount of the claim shall be expressed clearly and precisely. However, it may be indicated in a relative way, if the actor duly justifies that the economic interest of the dispute at least equals the minimum amount corresponding to the ordinary trial, or does not exceed the maximum of the oral trial. In no case may the actor merely indicate the kind of trial to follow, or place the burden of determining the amount on the defendant.

3. Where the actor is unable to determine the amount even in a relative form, because he lacks the object of economic interest, because such interest cannot be calculated in accordance with any of the legal rules for determining the amount, or because, even if there is an applicable calculation rule, it could not be determined at the time of the application, it shall be conducted according to the channels of the ordinary trial.

Article 254. Ex officio control of the type of trial on the basis of the amount.

1. The trial will initially be given the procedure indicated by the actor in his claim.

However, if, in the light of the claims in the application, the Counsel of the Administration of Justice warns that the trial chosen by the actor does not correspond to the value indicated or to the subject matter to which the claim relates, he shall agree, by order of the court, that the case should be dealt with accordingly. This procedure shall be subject to direct review by the Court, which shall not produce suspensive effects.

The Tribunal shall not be bound by the type of trial requested in the application.

2. If, contrary to what was stated by the actor, the Counsel of the Administration of Justice considers that the application is of an invaluable or undeterminable amount, even in a relative form, and that the channels of the oral trial should not therefore be followed, he shall, by means of diligence, give the case its own motion, provided that the appointment of the procurator and the signature of the lawyer is stated.

3. The arithmetic errors of the actor in determining the amount may be corrected ex officio. Also those consisting in the defective selection of the legal rule of calculation of the amount, if in the claim there were sufficient factual elements to be able to determine it correctly through simple mathematical operations.

Once the amount has been properly calculated, the appropriate course of action will be taken.

4. In no case may the Court fail to grant the application because it considers the proceedings inadequate on the basis of the amount. If, however, the application merely indicates the kind of judgment which it corresponds to, or if, after the Registrar has assessed ex officio that the amount fixed is incorrect, there are not sufficient elements in the application to calculate it correctly, the case shall not be dealt with until the applicant has remedied the defect in question.

The time limit for termination shall be 10 days, after which the Court shall decide as appropriate.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1, 2 and 4 are amended by Article 15.145 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 255. Impugnation of the amount and type of trial on the basis of the amount.

1. The defendant may challenge the amount of the claim if he understands that, if correctly determined, the procedure to be followed would be another, or the appeal would be appropriate.

2. In the ordinary trial, the adequacy of the proceedings will be challenged on the basis of the amount of the response to the claim and the matter will be resolved at the pre-trial hearing.

3. In the oral proceedings, the defendant shall challenge the amount or type of trial on the basis of the amount of the defence, and the court shall decide the matter in the proceedings under article 438.10.

Paragraph 3 is amended with effect from 3 April 2025, by Art. 22.21 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by Article 103.45 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 3 is amended by Article 29 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

CHAPTER II

Preliminary proceedings

Article 256. Classes of preliminary proceedings and your request.

1. A trial may be prepared:

1. At the request of the person to whom the application would be addressed, under oath or promise to tell the truth, of any fact relating to his capacity, representation or legitimization, the knowledge of which is necessary for the litigation, or exhibits the documents in which such capacity, representation or legitimization is stated.

2. By a request that the person to whom it is intended to be sued exhibits the thing in his possession and to which the trial is to be referred.

3. At the request of the person who considers himself heir, co-heir or legatee, of exhibition, by whoever has it in his possession, of the act of last will of the person who caused the inheritance or legacy.

4. At the request of a member or community member to be shown the documents and accounts of the society or community, addressed to them or to the partner or owner who has them in his possession.

5th At the request of a person who considers himself injured by an act which may be covered by liability insurance, the insurance contract is displayed by the person in his possession.

5th bis. On request of the medical history to the health or professional center that will guard it, in the conditions and with the content established by law.

6. At the request of those who intend to initiate a process for the defence of the collective interests of consumers and users in order to specify the members of the group of affected when, not being determined, they are easily determinable. To this end, the court shall take appropriate measures for the investigation of the members of the group, according to the circumstances of the case and in accordance with the data provided by the applicant, including the request to the respondent to assist in such determination.

7. By the application, made by a person seeking to pursue an action for infringement of an industrial property right or intellectual property right committed by acts which cannot be considered to be carried out by mere final consumers in good faith and without the aim of obtaining economic or commercial benefits, of proceedings for obtaining data on the potential infringer, the origin and distribution networks of works, goods or services which infringe a right of intellectual property or industrial property, and in particular the following:

(a) The names and addresses of producers, manufacturers, distributors, suppliers and suppliers of goods and services, as well as of those who, for commercial purposes, had been in possession of the goods.

(b) The names and addresses of wholesalers and retailers to whom the goods or services have been distributed.

(c) The quantities produced, manufactured, delivered, received or commissioned, and the quantities paid as a price for the goods or services concerned and the technical models and characteristics of the goods.

8. At the request of a person who seeks to institute proceedings for infringement of an industrial property right or intellectual property right committed by acts developed on a commercial scale, of the display of bank, financial, commercial or customs documents, produced at a certain time and presumed to be held by the person who would be liable. The application must be accompanied by a principle of proof of the reality of the infringement, which may consist in the presentation of a sample of the copies, goods or products on which the infringement materialises. The applicant may request that the Registrar give evidence of the documents displayed if the requested person is not prepared to withdraw from the document for incorporation into the proceedings. The same request may be made in relation to the provisions of the last paragraph of the previous number.

For the purposes of numbers 7th and 8th of this paragraph, acts developed on a commercial scale are those which are carried out for direct or indirect economic or commercial benefits.

9. At the request of the inquiries and inquiries which, for the protection of certain rights, provide for the corresponding special laws.

10. On request, a person seeking to institute proceedings for infringement of an industrial property right or an intellectual property right, so that the provider of an information society service may be identified as having reasonable evidence that he is making available or disseminating directly or indirectly the contents, works or services covered by such right without complying with the requirements laid down by the legislation on industrial property or intellectual property, considering the existence of a significant level of hearing in Spain of such a provider or a significant volume of unauthorised protected works and services made available or disseminated.

The request shall relate to the collection of the data necessary to carry out the identification and may be addressed to the information society service providers, electronic payments and advertising providers who maintain or have maintained in the last 12 months relations of provision of a service with the information society service provider that they wish to identify. Such providers shall provide the information requested, provided that it can be extracted from the data at their disposal or retained as a result of the service relationship they maintain or have maintained with the service provider subject to identification, except for the data which was being processed exclusively by an Internet service provider in compliance with the provisions of the Convention. Law 25/2007 of 18 October, for the preservation of data relating to electronic communications and public communications networks.

11.o By means of the request made by the holder of an intellectual property right seeking to institute proceedings for infringement of that right, that a service provider of the information society provide the data necessary to carry out the identification of a user of its services, with whom they maintain or have maintained in the last twelve months relations of provision of a service, on which there are reasonable indications that it is making available or disseminating directly or indirectly, contents, works or services subject to that right without complying with the requirements laid down by intellectual property law, and by acts which cannot be considered to be carried out by mere final consumers of good faith and without the aim of obtaining economic or commercial benefits, taking into account the significant volume of unauthorised protected works and services made available or disseminated.

2. The request for preliminary proceedings shall state its reasons, with reference to the subject matter of the trial to be prepared.

3. The costs incurred by the persons involved in the proceedings shall be borne by the applicant for the preliminary proceedings. In applying for these, the applicant shall provide security to cover both such expenses and any damages that may be incurred. The security shall be forfeited in favour of such persons if, within one month of the completion of the proceedings, the application is discontinued, without sufficient justification, in the opinion of the court.

Security may be provided in the form provided for in the second subparagraph of Article 64(2) of this Law.

Point 7 is amended and points 10 and 11 are added to paragraph 1 by Article 2.1 of Law 21/2014 of 4 November. Ref. BOE-A-2014-11404.

Point 7 is renumbered as 9 and paragraphs 7, 8 and 5a are added by Article 1.1 and final provision 3 of Law 19/2006 of 5 June. Ref. BOE-A-2006-9960

Article 257. Jurisdiction.

1. It shall be competent to decide on the petitions and requests referred to in the preceding article by the judge of first instance or of the commercial courts, where appropriate, of the domicile of the person who, if necessary, would have to declare, present or otherwise intervene in the proceedings to be agreed upon in preparation for the trial.

In the cases of Nos. 6, 7, 8 and 9 of the preceding Article, the court to which the application is to be made shall have jurisdiction. If, in these cases, new proceedings are requested, following the results of the proceedings carried out until then, they may be brought before the same court or, as a result of the facts discovered in the previous investigation, it would be competent to hear the same claim or new claims that could possibly be joined.

2. The preliminary proceedings shall not be allowed to decline, but the judge to whom the request is made shall review his or her jurisdiction ex officio and if he or she understands that it is not his or her responsibility to hear the application, he or she shall refrain from hearing the applicant by indicating the court of first instance to which he or she must turn. If the latter is inhibited in its jurisdiction, the negative conflict shall be decided by the ordinary immediate superior court, as provided for in article 60 of this Law.

Paragraph 1 is amended by Article 1.2 of Law 19/2006 of 5 June. Ref. BOE-A-2006-9960

Article 258. Decision on preliminary proceedings and appeal.

1. If the court finds that the proceeding is appropriate for the purpose pursued by the applicant and that the application is of fair cause and legitimate interest, it shall accede to the claim, fixing the security to be provided. The court shall reject the request for proceedings made, if it does not consider that such proceedings are justified. The application must be settled within five days of its submission.

2. No appeal shall be lodged against the order in which the proceedings are brought. Any person who denies them will be subject to an appeal.

3. If the security ordered by the Court shall not be granted within three days of the issuance of the order in which the proceedings are to be carried out, the final closure of the proceedings shall be carried out by the Office of the Prosecutor by a decree issued for that purpose.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.146 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 259. Citation for the practice of preliminary proceedings.

1. In the order in which the application is granted, the persons concerned shall be summoned and required to carry out the requested and agreed action at the seat of the judicial office or at the place and in the manner deemed appropriate, and within 10 days thereafter.

2. The documents and titles referred to in the proceedings referred to in Article 256(1) may be submitted to the court for display by telematic or electronic means, in which case their examination shall be carried out at the seat of the judicial office, and the requesting party may obtain, with the means it provides, an electronic copy of them.

In any event, the applicant may seek advice from an expert on the subject, who shall always act at the expense of the applicant.

3. In the case of the proceedings under article 256.1.7.o, in order to ensure the confidentiality of the information requested, the court may order that the practice of interrogation be conducted in camera. This decision shall be taken in the manner laid down in Article 138(3) and at the request of any person who proves a legitimate interest.

4. The information obtained by means of the measures referred to in Article 256(1), paragraphs 7, 8, 10 and 11, shall be used exclusively for the judicial protection of the industrial property or intellectual property rights of the applicant for the measures, with a prohibition of disclosure or disclosure to third parties. At the request of any interested party, the court may accord confidentiality to proceedings, in order to ensure the protection of confidential data and information.

Paragraph 2 is amended by the sole article 30 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

Paragraph 4 is amended by Article 2.2 of Law 21/2014 of 4 November. Ref. BOE-A-2014-11404.

Paragraphs 1 and 2 are amended by Article 15.147 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraphs 3 and 4 are added by Art. 1.3 of Law 19/2006 of 5 June. Ref. BOE-A-2006-9960

Article 260. Opposition to the practice of preliminary proceedings. Effects of the decision.

1. Within five days of the person receiving the summons, the person required for preliminary proceedings may object to them. In such a case, the applicant shall be notified of the opposition, who may challenge it in writing within five days. The parties may, in their respective opposition and challenge briefs, request a hearing, following the procedures for oral trials.

2. After the hearing, the court shall decide, by order, whether the opposition is justified or, on the contrary, without justification.

3. If the court finds the opposition to be unjustified, it shall order the defendant to pay the costs caused by the incident. This decision shall be agreed by means of an order against which there shall be no appeal.

4. If the court considers the opposition to be justified, it shall so declare it by order, which may be appealed.

Paragraph 1 is amended by Article 31 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 261. Refusal to carry out the proceedings.

If the person referred to and requested does not comply with the request or object, the court shall, where proportionate, agree on the following measures, by means of an order, stating the reasons for the request:

1.a If a statement has been requested on facts relating to the capacity, representation or legitimation of the said person, the questions which the applicant intended to put to him or her may be considered as affirmatively answered and the relevant facts shall be considered admissible for the purposes of the subsequent trial.

2.a If a request has been made for the display of titles and documents and the court finds that there is sufficient evidence that they may be found in a particular place, it shall order the entry and registration of that place, if found, to occupy the documents and to make them available to the applicant, at the seat of the court.

3.a If the exhibition of a thing is concerned and the place where it is located is known or reasonably presumed, it shall be carried out in a manner similar to that provided for in the preceding number and the thing shall be submitted to the applicant, who may request the deposit or security measure most appropriate to the preservation of the same.

4.a If the presentation of accounting documents has been requested, the accounts and data submitted by the applicant may be taken as certain for the purposes of the subsequent trial.

5.a In the case of the proceedings provided for in article 256.1.6.o, in the event of the refusal of the requested person or of any other person who may assist in the determination of the members of the group, the court shall order that the necessary intervention measures, including the measures of entry and registration, be agreed to find the precise documents or data, without prejudice to the criminal liability that may be incurred for disobedience to the judicial authority. The same measures shall be ordered by the court in cases Nos. 5a, 7o and 8o of Article 256(1) in the event of the refusal of the requested person to display documents.

It is amended by art. 1.4 of Law 19/2006 of 5 June. Ref. BOE-A-2006-9960

Article 262. Decision on the application of security.

1. Where the agreed proceedings have been carried out or the court refuses them on the grounds that the opposition is justified, the court shall, within five days, decide by order on the application of the security in the light of the request for compensation and the justification of the costs presented to it, after hearing the applicant.

The decision on the application of the security shall be appealable without suspensive effect.

2. Where the security under the preceding paragraph is applied, the applicant shall not be returned until the period of one month provided for in Article 256(3) has elapsed.

Article 263. Preliminary formalities provided for in special laws.

In the case of the proceedings referred to in Article 256.1.9.o, the provisions of this Chapter shall apply in so far as they do not conflict with the provisions of the special legislation on the subject in question.

It is amended by art. 1.5 of Act No. 19/2006 of 5 June. Ref. BOE-A-2006-9960

CHAPTER III

Submission of documents, opinions, reports and other means and instruments

Article 264. Procedural documents.

The application or the answer must be submitted:

1. The certification of the electronic register of judicial authorities or reference to the number assigned by that register.

2. Documents proving the representation of the litigant.

3. or Documents or opinions proving the value of the disputed thing, for the purposes of jurisdiction and procedure.

4. The document proving that the negotiation activity prior to the judicial process has been attempted where the law requires such an attempt as a requirement of procedurality, or a statement responsible for the part of the impossibility of carrying out the negotiation activity prior to the judicial process because it does not know the domicile of the defendant or the means by which it may be required.

Point 4 is added, with effect from 3 April 2025, by Art. 22.22 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 103.46 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 32 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 265. Documents and other writings and objects relating to the substance of the case.

1. Any claim or response shall be accompanied by:

1. The documents on which the parties rely their right to judicial protection.

2. The means and instruments referred to in Article 299(2), if they are based on the claims for protection made by the parties.

3.o Certifications and notes on any entries or on the contents of books record, performances or records of any kind.

4. Expert opinions in which the parties support their claims, without prejudice to the provisions of articles 337 and 339 of this Law. If either party has the right to free legal aid, he or she will not have to provide the opinion with the application or with the reply, but simply announce it in accordance with Article 339(1).

5.o Reports, prepared by legally authorized private research professionals, on relevant facts in which they support their claims. On these facts, if they are not recognized as true, witness evidence will be practiced.

2. Only when the parties are unable to obtain the documents, means and instruments referred to in the first three issues of the preceding paragraph when submitting their application or reply may they designate the file, protocol or place in which they are located, or the register, record book, proceedings or file from which certification is sought.

If what is intended to contribute to the process is in the file, protocol, record or record of which can be requested and obtain reliable copies, the actor shall be deemed to have such possession and shall accompany it to the claim, without being limited to making the designation referred to in the preceding paragraph.

3. Notwithstanding the preceding paragraphs, the actor may present at the pre-trial hearing, or at the oral hearing, documents, means, instruments, opinions and reports relating to the substance of the case, the interest or relevance of which is revealed only as a result of the defendant's allegations in the defence of the claim.

Paragraph 3 is amended and Article 4 is deleted by the sole Article 33 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 266. Documents required in special cases.

The application shall be accompanied by:

1. (1) Documents justifying in full the title by virtue of which maintenance is requested, where this is the subject of the application.

2. (2) Documents constituting a principle of proof of the title on which the claims for withdrawal are based and, where the price is required by law or contract, a document proving that it has entered, if known, the price of the object of withdrawal or that security has been created guaranteeing the entry as soon as the price is known.

3. The document in which the death succession is reliably recorded causes for the plaintiff, as well as the list of witnesses who can testify about the absence of a possessor as owner or usufructuary, when it is intended that the Court will place the applicant in possession of property claimed to have acquired by virtue of that succession.

4. Those other documents which this or other law expressly requires for the admission of the claim.

It is amended by final provision 4.10 by Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167.

Article 267. Form of presentation of public documents.

Where documents to be provided pursuant to article 265 are public, they may be submitted by simple copy, either on paper or, where appropriate, in electronic form through digitized image, in accordance with the technical regulations of the State Technical Committee of the Electronic Judicial Administration on electronic image, and, if their authenticity is contested, they may be taken to the original documents, copies or certificates of the document with the necessary requirements for their evidentiary effects.

It is amended by art. 103.47 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by final provision 6.1.5 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 268. Form of presentation of private documents.

1. The private documents to be provided shall be submitted in original or by means of a copy authenticated by the competent public fedator and shall be attached to or given testimony of the documents, with return of the originals or true copies submitted, if requested by the interested parties. These documents may also be presented by means of digitized images in accordance with the technical regulations of the State Technical Committee of the Electronic Judicial Administration on electronic image and, if their authenticity is challenged, may be taken to the original documents, copies or certification of the document with the necessary requirements for their evidentiary effects.

2. If the party has only a simple copy of the private document, it may submit it, either on paper or by means of a digitised image as described in the preceding paragraph, which shall have the same effects as the original, provided that the latter's conformity with it is not contested by any of the other parties.

3. Where the original of the private document is in a file, protocol, file or public record, a true copy shall be submitted or the file, protocol or record designated in accordance with Article 265(2).

Paragraph 1 is amended by Article 103.48 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by final provision 6.1.6 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 268 bis. Electronic submission of documents.

The submission of documents by electronic means shall in any case be in accordance with the provisions of the Act governing the use of technologies in the Administration of Justice.

It is added by art. 103.49 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This article enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Text added, published on 20/12/2023, in force from 20/03/2024.

Article 269. Consequences of the initial non-submission. Special cases.

1. Where, with the application, the defence or, where appropriate, at the pre-trial hearing, any of the documents, means, instruments, opinions and reports which, in accordance with the provisions of this Law, must be submitted at that time or the place where the document is to be located is not designated, if it is not available, the party may no longer submit the document at a later date or request that it be brought to the proceedings, except in the cases provided for in the following article.

2. Applications not accompanied by the documents referred to in Article 266 shall not be admissible.

Article 270. Submission of documents at a non-initial time of the process.

1. The court after the application and the defence, or, where appropriate, the pre-trial hearing, shall only admit to the actor or the defendant documents, means and instruments relating to the substance of the case where they are found in one of the following cases:

1. To be of a date subsequent to the application or the reply or, where appropriate, to the pre-trial hearing, provided that they could not have been drawn up or obtained prior to those procedural moments.

2. To deal with documents, means or instruments prior to the application or response or, where appropriate, with the pre-trial hearing, where the party presenting them justifies not having had knowledge of their existence before.

3. (3) It was not possible to obtain documents, means or instruments in advance for reasons which are not attributable to the party, provided that it made the designation referred to in Article 265(2) in due course, or, where appropriate, the notice referred to in Article 265(4) of this Law.

2. Where a document, medium or instrument on facts relating to the substance of the case is submitted after the acts referred to in the preceding paragraph have been precluded, the other parties may, at the trial or at the hearing, plead the improcedness of taking it into account, as none of the cases referred to in the preceding paragraph is present. The court shall decide at the time and, if it considers delaying or bad procedural faith in the presentation of the document, may also impose a fine of 180 to 1,200 euros on the person responsible.

3. The presentation of documents in the course of judicial or procedural acts held by videoconference, in cases where such submission is possible in accordance with this Act, shall be in accordance with the provisions of the Law regulating the use of technologies in the Administration of Justice.

Paragraph 3 is added by Art. 103.50 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The amounts referred to in paragraph 2 by Annex I to Royal Decree 1417/2001 of 17 December shall be converted to euros. Ref. BOE-A-2001-24625

Article 271. Final limitation of submission and exceptions to the rule.

1. No document, instrument, medium, report or opinion submitted after the hearing or trial shall be admitted to the parties, without prejudice to the provisions of article 435, third rule, on final proceedings at the ordinary trial.

2. Except as provided for in the preceding paragraph, decisions or decisions of a judicial or administrative authority, issued or notified on a date not prior to the time of making the conclusions, provided that they may be conditional or decisive for a decision at first instance or in any appeal.

Such decisions may even be submitted within the time limit provided for in order to render a judgment, and the other parties may be referred for order, so that, within the common period of five days, they may plead and request whatever they deem appropriate, with the time limit for issuing a judgment suspended.

The Court shall rule on the admission and scope of the document in the same judgment.

Paragraph 2 is amended by Art. 15.148 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 272. Inadmissibility of unreasonably submitted document at the non-initial time of the proceedings.

When a document is submitted after the procedural moments laid down in this Law, depending on the different cases and circumstances, the court, by order, shall inadmit it, ex officio or at the request of a party, ordering it to be returned to the person who submitted it.

No appeal may be lodged against a decision inadmissibility, without prejudice to the application of the second instance.

CHAPTER IV

Copies of the written documents and their transfer

Article 273. Form of submission of submissions and documents.

1. All legal professionals are obliged to use the existing telematic or electronic systems in the Administration of Justice for the presentation of submissions, initiators or not, and other documents, in such a way as to ensure the authenticity of the submission and to provide a reliable record of the full transmission and receipt, as well as of the date on which they are made.

2. Persons who are not represented by a procurator may at any time choose whether to act before the Administration of Justice through electronic means or not, unless they are obliged to relate through electronic means to it. The chosen medium may be amended at any time.

3. In any event, they shall be obliged to intervene through electronic means with the Administration of Justice, at least the following subjects:

(a) Legal persons.

(b) Entities without legal personality.

(c) Those who engage in a professional activity for which compulsory collegiality is required for the formalities and actions they perform with the Administration of Justice in the exercise of such professional activity.

(d) Notaries and registrars.

(e) Those representing an interested party who is obliged to interact electronically with the Administration of Justice.

(f) Civil servants for the procedures and actions they perform on account of their position.

4. The documents and documents submitted by telematics or electronic means shall indicate the type and number of file and year to which they relate and shall be duly referenced by means of an electronic index allowing their proper location and consultation. The main document shall include an electronic signature based on a qualified certificate and shall be adapted to the requirements of the regulations governing the use of technologies in the Administration of Justice.

5. Failure to comply with the duty to use the technologies provided for in this article or with the technical specifications to be established shall entail the granting by the Lawyer of the Administration of Justice of a maximum period of five days for their correction. If not corrected within this period, the pleadings and documents shall be deemed not to have been submitted for all purposes.

6. Without prejudice to the provisions of this article, written documents and documents shall be submitted on paper when expressly provided by law.

Of any written and any document provided or presented on paper and in the hearings, as many literal copies as the other parties will be accompanied.

Paragraph 4 is amended by Article 3 of April 2025. 22.23 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 4 is amended by Article 103.51 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 34 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its implementation, final provision 12.2 of the aforementioned Law 42/2015.

Please note that references to "judicial secretaries" should be understood as being made to "Letters of the Administration of Justice" in accordance with additional provision 1 of Organic Law 7/2015, of 21 July. Ref. BOE-A-2015-8167

Article 274. Transfer of copies by the judicial office to other interested parties, where no attorneys are involved.

Where the parties do not act as a procurator, they shall sign copies of the pleadings and documents they submit, on the basis of their accuracy, and such copies shall be delivered by the Legal Counsel of the Administration of Justice to the opposing party or parties.

If the submission is made by telematic means because they are obliged or have chosen to do so, provided that they comply with the required budgets and requirements, the copies shall be transferred to the other parties by the judicial office by the appropriate means.

It is amended by article 35 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by final provision 6.1.7 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 275. Effects of non-submission of copies.

In the cases referred to in the preceding article, the failure to provide copies of the pleadings and documents shall not be grounds for refusing to admit either.

This omission shall be noted by the Legal Counsel of the Administration of Justice to the party, who shall remedy it within five days. Where the omission is not remedied within that time limit, the Legal Aid Board shall issue copies of the pleadings and documents at the expense of the party who has ceased to submit them, except in the case of the pleadings or defences, or of the documents accompanying them, in which case the documents shall be deemed not to have been submitted or not submitted for all purposes.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The second paragraph is amended by art. 15.149 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 276. Transfer of copies of writings and documents when solicitor intervenes.

1. Where the parties are represented by a procurator, each of them shall transmit to the procurators of the other parties copies of the pleadings and documents submitted to the court.

2. The transmission of copies of the documents and documents submitted in a telematic form shall be carried out by telematic means simultaneously with the presentation and shall be deemed to have been made at the date and time shown in the proof of presentation. In case the transfer takes place on a day and time not subject to the law, it shall be deemed to have taken place on the first day and working hour following the transfer.

3. In the case of paper-based submission pursuant to Article 135(4), the procurator shall transmit, on a telematic basis and in advance to the procurators of the other parties, copies of the pleadings and documents to be submitted to the court.

Paragraph 4 is deleted by Article 103.52 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 36 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15,150 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

It is amended by final provision 6.1.8 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 277. Effects of the omission of the transfer by procurator.

Where the first two subparagraphs of the preceding Article apply, the Lawyer of the Administration of Justice shall not allow the submission of pleadings and documents unless it is established that the copies corresponding to the other parties concerned have been sent.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15,151 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 278. Effects of the transfer on the course and calculation of deadlines.

Where the act of which the transfer has been effected in the manner laid down in article 276 determines, in accordance with the law, the opening of a period of time for the conduct of proceedings, the period shall begin without the intervention of the court and shall be counted from the day following the date which has been recorded in the copies delivered or the date on which the transfer is deemed to have been effected when the technical means referred to in article 135 are used.

It is amended by article 37 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Take into account, for its application, the provisions of Final Provision 12.2 of the aforementioned Law 42/2015.

It is amended by final provision 6.1.9 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 279. Function of copies.

1. The claims of the parties shall be deducted in the light of the copies of the pleadings, documents and decisions of the Court or Counsel of the Administration of Justice, which each litigator shall retain in its possession.

2. The original orders shall not be handed over to the parties in paper form, without prejudice to the making available of the electronic judicial file in cases where appropriate, and that, in cases where they are not obliged to intervene through electronic means with the Administration of Justice, they may request and obtain copies of any written or document.

Paragraph 2 is amended by Art. 103.53 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.152 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 280. Complaint of inaccuracy of a copy and effects.

If it is alleged that the copy delivered to a litigant does not correspond to the original, the court, after hearing the other parties, shall declare the nullity of the proceedings as of the delivery of the copy if its inaccuracy could have affected the defence of the party, without prejudice to the liability of the party presenting the inaccurate copy.

The court, when declaring the nullity, shall order the delivery of a copy in accordance with the original, for the purposes that apply in each case.

CHAPTER V

Evidence: general provisions

Section 1.a The object, necessity and initiative of the test

Article 281. Object and necessity of the test.

1. The purpose of the evidence is to deal with the facts relating to the judicial protection sought in the proceedings.

2. Custom and foreign law will also be tested. Evidence of custom shall not be necessary if the parties are satisfied with its existence and content and its rules do not affect public order. Foreign law must be proved in terms of its content and validity, and the court may avail itself of any means of investigation it deems necessary for its application.

3. The facts on which the parties are fully in conformity are exempt from proof, except in cases where the subject matter of the proceedings is outside the disputing power of the litigants.

4. It will not be necessary to prove facts that enjoy absolute and general notoriety.

Article 282. Initiative in the taking of evidence.

The tests shall be carried out at the request of a party. However, the court may, on its own motion, agree that certain evidence should be carried out or that documents, opinions or other means and instruments of evidence should be provided, where provided for by law.

Article 283. Irrelevant or unhelpful evidence.

1. No evidence shall be admitted which, being unrelated to what is the subject of the proceedings, is to be considered impertinent.

2. Nor should evidence which, according to reasonable and certain rules and criteria, can in any case contribute to the clarification of the facts at issue be admitted as useless.

3. Any activity prohibited by law shall never be admitted as evidence.

Section 1a bis. Access to sources of evidence in proceedings for infringement of competition law

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Take into account, on the territorial scope of the amendments introduced, the provisions of additional provision 1 of the said Royal Decree-Law 9/2017.

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (a). Exhibition of evidence in proceedings for the pursuit of actions for damages arising out of infringements of competition law.

1. Upon application by a claimant which has submitted a reasoned statement of reasons containing those facts and evidence to which it has reasonable access, sufficient to justify the viability of actions for damages arising out of infringements of competition law, the court may order that the defendant or a third party present the relevant evidence in its possession, subject to the conditions laid down in this section. The court may also order the plaintiff or a third party to present the relevant evidence, at the request of the defendant.

This request may refer, inter alia, to the following information:

(a) The identity and addresses of alleged offenders.

(b) The conduct and practices that would have constituted the alleged offence.

(c) Identification and volume of the products and services concerned.

(d) The identity and addresses of direct and indirect buyers of the products and services concerned.

(e) Prices applied successively to the products and services concerned, from the first transmission to the availability of consumers or end users.

(f) The identity of the group concerned.

This paragraph is without prejudice to the rights and obligations of the Spanish courts arising from the Council Regulation (EC) No 1206/2001 of 28 May 2001on cooperation between the courts of the Member States in the field of obtaining evidence in civil or commercial matters.

2. The court may order the display of specific pieces of evidence or relevant categories of evidence, as limited and as narrowed as possible on the basis of facts reasonably available in the reasoned statement of reasons.

3. The court shall limit the display of evidence to what is proportionate. In determining whether the exhibition requested by a party is proportionate, the court shall take into consideration the legitimate interests of all parties and all interested third parties. In particular, it shall take into account:

(a) the extent to which the claim or defence is supported by facts and evidence available to justify the request for evidence;

(b) the scope and cost of the display of evidence, especially for any third party concerned, also to avoid indiscriminate searches for information that is unlikely to be relevant to the parties to the proceedings;

(c) the fact that the evidence requested includes confidential information, especially in relation to third parties, and the provisions in place to protect such confidential information.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (b). Rules on confidentiality.

1. The court may order the disclosure of evidence containing confidential information when it considers it relevant in cases of action for damages. The court shall, when it orders to display such information and considers it appropriate, take the necessary measures to protect confidentiality, as provided for in this article.

2. The interest of undertakings in avoiding actions for damages following an infringement of competition law shall not constitute an interest justifying protection.

3. When ordering the disclosure of evidence, the court shall give full effect to the rules governing the confidentiality of communications between counsel and client that are applicable, as well as to the rules on the duty to keep secret.

4. The court shall take into account whether the source of evidence to which it is intended to be accessed includes confidential information, especially in relation to third parties, and the existing provisions to protect such confidential information.

5. Where it considers it necessary, in the light of the circumstances of the particular case, the court may order the applicant ' s access to sources of evidence containing confidential information, taking in any event effective measures to protect it.

For this purpose, the court may, inter alia, take the following measures:

1.a Dissociate sensitive passages into documents or other media.

2.a Conduct or restrict access to closed hearings.

3.a Limit the persons allowed to examine the evidence.

4.a Instruct experts to produce summaries of information in a non-confidential aggregate form or in any other non-confidential form.

5.a To draft a non-confidential version of a court decision in which passages containing confidential data have been deleted.

6.a Limit access to certain sources of evidence to the legal representatives and advocates of the parties and to experts subject to confidentiality obligations.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (c). Expenses and security.

1. The costs incurred by the practice of measures of access to sources of evidence shall be borne by the applicant. The applicant shall also be liable for any damages that it may cause as a result of the misuse of such damages.

2. The person concerned may request the court to provide sufficient security for the applicant to cover the costs and any damages that may be incurred. The court shall grant this request or not and, where appropriate, shall determine the amount of the security. Security may be granted in any form provided for in the second subparagraph of Article 529(3) of this Act.

3. Security may not be required which, because of its inadequacy, prevents the exercise of the powers provided for in this section.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (d). Competition.

1. The court shall have jurisdiction to hear applications for measures of access to sources of evidence if the case is being heard at first instance or, if the proceedings have not been initiated, the court which is competent to hear the main claim.

2. No refusal shall be allowed in the measures of access to sources of evidence, but the court to which the request is made shall review its jurisdiction ex officio and if it considers that it is not for it to hear the application, it shall refrain from hearing the applicant by indicating the court to which the request is to be addressed. If the latter is inhibited in its jurisdiction, the negative conflict shall be decided by the ordinary immediate superior court, as provided for in article 60 of this Act.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (e). Time for requesting measures to access sources of evidence.

1. Measures for access to sources of evidence may be requested prior to the initiation of the proceedings, in the application, or during the suspension of the proceedings.

2. Where the measures have been agreed before the initiation of the proceedings, the applicant shall file a complaint within 20 days of the completion of its practice. If not:

(a) The court, on its own motion, shall order the applicant to pay costs and declare that he is responsible for the damage caused to the person in respect of whom the measures were taken, which may be effected in accordance with articles 712 et seq. of this Act;

(b) The court, at the request of the injured party, may agree on the measures necessary for the revocation of the acts of performance that have been carried out, including, in particular, the return of all types of documents, records, testimonies and objects; it may also, at the request of the injured party, declare that the data and information collected by the applicant cannot be used by the applicant in any other proceedings, when abuse is perceived on his part. These requests shall be dealt with through the procedure laid down in the following Article.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (f). Procedure.

1. Once the request has been received, the person against whom the measure is sought shall be transferred and, where appropriate, also the person against whom the claim or defence is sought or sought, and all parties shall be summoned to an oral hearing, which shall take place within the next 10 days without the need to follow the order of the pending cases when the measure sought so requires.

2. The request for measures of access to sources of evidence may also include the request for measures of evidentiary assurance, if they proceed in accordance with articles 297 and 298 of this Act. In such a case, the procedure provided for in this Article shall be followed.

3. At the hearing, the subjects concerned may present what is in their right, using as many evidence as they have available, which shall be admitted and practised if they are useful and relevant.

4. At the end of the hearing, the court shall, within five days, decide by order. An appeal against this decision may be lodged, with suspensive effect, and if the injured party is dismissed, it may, if necessary, assert its rights in the second instance; but if the application is made prior to the filing of the application, an appeal may be lodged directly. The appellant may request the suspension of the effectiveness of the contested decision. The court of appeal shall rule on the suspension requested by a succinctly reasoned order to be issued after receipt of the orders, the contested decision being suspended in the meantime.

5. Costs shall be incurred in accordance with the general criteria laid down in this Act.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (g). Implementation of the measure of access to test sources.

1. If agreed by the court, the security benefit shall always be prior to any act of performance of the measure agreed upon.

2. The court shall use such means as may be necessary for the execution of the agreed measure and shall provide as appropriate for the place and manner in which it is to be carried out. In particular, where the agreed measure consists of the examination of documents and titles, the applicant may seek advice from an expert on the subject, who shall always act at his own expense.

3. If necessary, it may agree by means of an order to enter and register closed places and domiciles, and to occupy documents and objects therein.

4. At the request of either party, the court shall issue an order terminating the practice of the measure.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (h). Consequences of obstruction of the practice of access to sources of evidence.

1. If the addressee of the measure destroys or conceals the sources of evidence, or otherwise renders effective access to them impossible, without prejudice to the provisions of paragraph 3 of the preceding article and to the criminal liability in which it may be incurred for disobedience to the judicial authority, the applicant may request the court to impose any or some of the following measures:

(a) To declare as admitted facts to which the sources of evidence allegedly referred. For this purpose, the applicant shall set out precisely the facts to which it considers that this statement should be extended.

(b) The defendant or future defendant is tacitly satisfied with the claims made or to be formulated. For this purpose, the applicant shall specify precisely the claims in respect of which a tactical search must be declared.

(c) To dismiss in whole or in part the exceptions or counterclaims that the subject affected by the measure may exercise in the main proceedings. For this purpose, the applicant shall specify precisely the exceptions or counterclaims to which it considers the dismissal should extend.

(d) To impose on the addressee of the measures a coercive fine ranging from 600 to 60,000 euros per day of delay in the performance of the measure.

2. In addition to any of the above measures, a request may be made to condemn the addressee of the measure at the cost of the incident involving access to the sources of evidence and the costs of the main proceedings, irrespective of the result thereof.

3. The court shall transmit this request to the other parties for a period of 10 days to make written submissions, after which it shall rule by order, which shall be subject to appeal.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (i). Display of evidence contained in a competition authority file.

1. The disclosure of evidence contained in a record of a competition authority shall be governed by the provisions of this article and, to the extent applicable, by the general provisions of this section.

2. The provisions of this Article are without prejudice to rules and practices concerning public access to documents under the Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 on public access to European Parliament, Council and Commission documents.

3. The provisions of this Article are also without prejudice to the rules and practices of Union law or Spanish law on the protection of internal documents of competition authorities and correspondence between competition authorities.

4. In assessing the proportionality of a disclosure order, the court shall, in addition to the requirements of section 283 bis (a), examine:

(a) if the application has been made specifically in accordance with the nature, object or content of the documents submitted to a competition authority or kept in the archives of that authority, rather than through a non-specific request concerning documents provided to a competition authority;

(b) if the party requesting the exhibition does so in connection with an action for damages before a national court; and

(c) in relation to paragraphs 5 and 10 of this Article, or at the request of a competition authority pursuant to paragraph 11 of this Article, the need to preserve the effectiveness of the public application of competition law.

5. The court may order the disclosure of the following categories of evidence only after a competition authority has terminated its proceedings by taking a decision or otherwise:

(a) Information that was prepared by a natural or legal person specifically for a competition authority procedure;

(b) the information which the competition authorities have produced and which has been sent to the parties in the course of their proceedings; and

(c) requests for transactions that have been withdrawn.

6. At no time may the court order a party or a third party to display any of the following categories of evidence:

(a) declarations under a leniency programme; and

(b) requests for transactions.

7. An applicant may submit a reasoned request for a court to access the evidence referred to in points (a) or (b) of paragraph 6, solely to ensure that its content conforms to the definitions of declaration under a leniency programme and a request for transaction in paragraph 3 of the first subparagraph. Additional provision 4 of Law 15/2007 of 3 July, of Defense of Competition. In such an assessment, the courts may request assistance only from the competent competition authorities. The authors of the evidence in question will also be offered the possibility of being heard. The national court shall in no case permit access by other parties or third parties to such evidence.

8. If only some parts of the requested evidence are covered by paragraph 6, the remaining parts shall be displayed, depending on the category in which they are included, in accordance with the relevant provisions of this Article.

9. In actions for damages, the display of evidence in the record of a competition authority may be ordered at any time and shall not fall within any of the categories listed in this Article.

10. The court shall not require the competition authorities to show evidence contained in their files, unless no party or third party is able to provide such evidence to a reasonable extent.

11. To the extent that a competition authority wishes to express its views on the proportionality of the disclosure requirements, it may, on its own initiative, submit observations to the court called upon to decide on the admissibility of the disclosure.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (j). Limits imposed on the use of evidence obtained exclusively through access to a competition authority file.

1. Evidence falling within the categories defined in paragraph 6 of the preceding Article, which is obtained by a natural or legal person solely through access to the file of a competition authority, shall not be admissible in actions for damages arising from infringements of competition law.

2. Until the competition authority has terminated the procedure by taking a decision or otherwise, evidence falling within the categories defined in paragraph 5 of the previous Article, which is obtained by a natural or legal person solely through access to the file of that competition authority, shall not be considered admissible in actions for damages arising from infringements of competition law or otherwise shall be protected in accordance with the applicable rules.

3. Evidence which is obtained by a natural or legal person solely through access to the file of a competition authority and which is not covered by paragraphs 1 or 2 of this Article may only be used in an action for damages arising from infringements of competition law by that person or by the natural or legal person who is a successor to his rights, including the person who has acquired his claim.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Article 283 bis (k). Consequences of non-compliance with confidentiality obligations and use of evidence sources.

1. Without prejudice to the criminal liability in the event of a breach of any duty of confidentiality in the use of sources of evidence or of any limitation in the use of such sources of evidence, the injured party may request the court to impose any or some of the following measures:

(a) The total or partial rejection of the action or defences made or opposed in the main proceedings, if the case is pending at the time of the application. For this purpose, the injured party shall fix precisely the actions or defences to be rejected.

(b) To declare the offender civilly responsible for the damage caused and to condemn him or her for payment. The amount of damage may be determined in accordance with the provisions of articles 712 et seq. of this Act.

(c) The offender shall be sentenced on the costs of the incident of access to the sources of evidence and on the costs of the main proceedings, irrespective of the outcome of the main proceedings.

2. If the court finds that the breach is not serious, it may, instead of agreeing to the request of the injured party, impose a fine of between €6,000 and €1,000,000 on the offender. For this purpose, both the party and its legal representatives and advocates may be regarded as infringing, and separate fines may be imposed on each of them.

3. The court shall forward the application referred to in paragraph 1 to the other parties for a period of 10 days to make written submissions, after which it shall decide by order, which shall be subject to appeal.

It is added by art. 4 of Royal Decree-Law 9/2017, of 26 May. Ref. BOE-A-2017-5855

Text added, published on 27/05/2017, in force from 27/05/2017.

Section 2.a of the proposal and admission

Article 284. Form of evidence proposal.

The proposal of the various means of proof shall be made by means of a separate statement. The domicile or residence of the persons to be summoned, where appropriate, shall also be recorded for the purposes of each means of proof.

Where, at the ordinary trial, the parties do not have certain information concerning such persons when proposing the evidence, they may submit it to the court within five days.

Article 285. Decision on admissibility of the proposed evidence.

1. The court shall decide on the admission of each of the evidence that has been proposed.

2. Any decision which admits or inadmits each of the evidence shall be subject to an appeal for a replacement, which shall be heard and decided upon, and, if rejected, the party may protest for the purpose of asserting its rights in the second instance.

Paragraph 2 is amended by Article the sole Article, point 38 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 286. New facts or new news. Try it.

1. If the acts of allegation provided for in this Law and before the time limit for the delivery of a judgement has elapsed or any facts relevant to the decision of the suit have been known, the parties may assert that fact by immediately acquiescing it in writing, which shall be called an extension of the facts, unless the allegation could be made in the act of the trial or hearing. In such cases, the provisions of the following paragraphs shall apply to such acts.

2. The letter of extension of the facts shall be transmitted to the opposing party by the Counsel of the Administration of Justice, so that, within the fifth day, it may state whether it acknowledges as true the alleged act or denies it. In such a case, it may argue as to whether it clarifies or distorts the fact referred to in the letter of extension.

3. If the new or new facts are not recognized as true, the relevant and useful evidence shall be proposed and carried out in the manner provided for in this Act according to the type of proceedings where possible by the state of the proceedings. In another case, in the ordinary trial, the final proceedings will be arranged.

4. The court shall, by order, reject the allegation of fact that occurred after the acts of allegation if this circumstance is not fully established at the time of the submission of the allegation. And when an act is alleged after the conclusion of those acts purporting to have been known subsequently, the court may, by order, agree that it should not be taken into consideration if, in the light of the circumstances and the allegations of the other parties, it did not appear justified that the act could not be invoked at the normal procedural time.

In the latter case, if the court finds delaying or bad procedural faith in the allegation, it may impose a fine of 120 to 600 euros on the person responsible.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.153 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amounts referred to in paragraph 4 shall be converted into euro by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Article 287. Unlawfully obtained evidence.

1. Where either party understands that fundamental rights have been violated in the obtaining or origin of evidence, it must be immediately invoked, with transfer, if necessary, to the other parties.

On this question, which may also be raised ex officio by the court, it shall be decided at the time of the trial. To that end, the parties shall be heard and, where appropriate, the relevant and useful evidence proposed in the act on the extreme particular of the wrongfulness referred to shall be carried out.

2. The decision referred to in the preceding paragraph shall be subject to a remedy only, which shall be lodged, heard and decided in the same act of the trial or hearing, with the exception of the right of the parties to reproduce the challenge of the unlawful evidence in the appeal against the final judgement.

3. If the question referred to in paragraph 1 arises in the context of the oral proceedings, it shall be decided in accordance with Article 438.10.

The second subparagraph of paragraph 1 is amended and paragraph 3 is added, with effect from 3 April 2025, by Art. 22.24 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 288. Penalties for failure to perform the test in the scheduled time.

1. A litigator for whose cause evidence admitted shall not be executed temporarily shall be punished by the court with a fine not less than 60 euros or more than 600 euros, unless he proves fault or desists from such evidence if he has proposed it.

2. The fine provided for in the preceding paragraph shall be imposed at the time of the trial or at the hearing, after hearing the parties.

The amounts referred to in paragraph 1 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Section 3.a Other general provisions on evidence

Article 289. Way to practice the tests.

1. Evidence shall be conducted in a contradictory manner in public hearing, or with similar publicity and documentation if it is not carried out at the seat of the court.

2. The judicial presence in the questioning of the parties and witnesses, in the recognition of places, objects or persons, in the reproduction of words, sounds, images and, where appropriate, figures and data, as well as in the explanations of challenges, corrections or extensions of expert opinions shall be inexcusable.

3. The presentation of original documents or authentic copies, the provision of other means or evidentiary instruments, the recognition of the authenticity of a private document, the formation of writing bodies for the collation of letters and the mere ratification of the authorship of the expert opinion shall be carried out before the Legal Aid Service, provided that they take place outside the public hearing or the Legal Aid Service is present at the event. However, the Court must itself examine documentary evidence, written reports and opinions and any other means or instruments provided.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.154 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 290. Signal for separate acts of evidence.

All tests will be conducted in action unit. Exceptionally, the Court may, by an order, agree that certain evidence shall be held outside the act of trial or hearing; in such cases, the Legal Counsel of the Administration of Justice shall indicate, at least five days in advance, the day and time at which the acts of evidence which cannot be carried out at the trial or hearing shall be carried out. If, exceptionally, the evidence is not conducted at the seat of the Tribunal, the place in question shall be determined and notified.

These tests shall be conducted in any event before trial or hearing.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.155 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 291. Citation and possible intervention of the parties in the practice of evidence outside the trial.

Even if they are not subject to the test or objects of the test, the parties shall be summoned sufficiently in advance, which shall be at least forty-eight hours, for the practice of all evidence to be conducted outside the trial or hearing.

The parties and their lawyers shall have in the proceedings of evidence the intervention authorized by the Act according to the means of evidence concerned.

Article 292. Mandatory to appear at the hearing. Fines.

1. The witnesses and experts cited shall have the duty to appear at the trial or hearing that was finally indicated. Infringement of this duty shall be punishable by the Court, after five days' hearing, by a fine of between €180 and €600.

2. At the time of imposing the fine referred to in the preceding paragraph, the Court shall, by order, require the finer to appear when he is requoted by the Lawyer of the Administration of Justice, under the warning of proceeding against him for disobedience to the authority.

3. If, without having made an excuse, a witness or expert fails to appear at the trial or hearing, the court, hearing the parties who have appeared, shall decide, by order, whether the hearing is to be suspended or should continue.

4. Where, without any excuse, a litigant who has been summoned to answer questions does not appear, the provisions of Article 304 shall be applied and the fine provided for in paragraph 1 of this Article shall be imposed on the litigator.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 2 are amended by Article 15.156 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amounts referred to in paragraph 1 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Section 4.a Prevision and assurance of proof

Article 293. Cases and causes of anticipation of the evidence. Competition.

1. Prior to the initiation of any proceedings, the person seeking to initiate proceedings, or any of the parties during the course of the proceedings, may apply to the court for the advance practice of any act of evidence, where there is a well-founded fear that, on the basis of the person or the state of affairs, such acts may not be carried out at the generally envisaged time of proceedings.

2. A request for advance evidence, which is made prior to the commencement of the proceedings, shall be addressed to the court which considers itself competent in the main case. This court shall automatically monitor its jurisdiction and objective jurisdiction, as well as its territorial jurisdiction based on peremptory norms, without the possibility of decline.

When the proceedings have been initiated, the request for advance evidence shall be addressed to the court hearing the case.

Article 294. Proposition of advance proof, admission, time and resources.

1. The proposal of advance evidence shall be made in accordance with the provisions of this Law for each of them, stating the reasons on which the request is supported.

2. If the Court finds the request well founded, it shall accede to it, providing, by order, that the proceedings are carried out where it is deemed necessary, always prior to the trial or hearing, and that the appropriate statement is made by the Office of the Public Prosecutor.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15.157 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 295. Contradictory practice of advance proof.

1. Where advance proof is requested and is agreed to be given prior to the commencement of the proceedings, the applicant shall designate the person(s) to whom he intends to sue in his day and shall be summoned, at least five days in advance, so that they may have in the practice of probatory action the intervention authorized by this Law according to the means of proof concerned.

2. If the proceedings are already pending at the time of taking advance evidence, the parties may intervene in the proceedings in accordance with the provisions of this Law for each means of proof.

3. In cases where evidence is used under paragraph 1 of this Article, no probative value shall be given if the application is not filed within two months of the earlier evidence being given, unless it is established that, by force majeure or other cause of similar entity, the proceedings could not be initiated within that period.

4. The test carried out in advance may be carried out again if, at the time of proposing the test, it is possible to carry it out and one of the parties so requests. In such a case, the court shall admit that the evidence in question is carried out and shall assess according to the rules of sound criticism both that which has been carried out in advance and that which has been carried out subsequently.

Article 296. Safekeeping of material from advance evidence proceedings.

1. Documents and other evidence consisting of evidence advanced or obtained as a result of their practice, as well as materials which may faithfully reflect the evidentiary proceedings carried out and their results, shall be placed in the custody of the Registrar of the court which has agreed to the evidence until the application is brought, to which they shall join, or until the time has come for them to be heard and assessed.

2. If a court other than the one who agreed or proceeded with the advance evidence is ultimately required to hear the application, it shall, at the request of a party, request the transmittal, through official channels, of the records, documents and other materials of the proceedings.

Article 297. Measures to secure evidence.

1. Prior to the initiation of any proceedings, any person who intends to initiate proceedings or any of the litigants during the course of the proceedings may request from the court the adoption, by order, of useful insurance measures to prevent that, due to human conduct or natural events, which may destroy or alter material objects or states of things, it is impossible at the time to carry out relevant evidence or even lacks meaning to propose it.

2. The measures shall consist of provisions which, in the opinion of the court, allow things or situations to be preserved or their reality and characteristics to be reliably recorded. For the purposes of securing evidence, orders may also be made to make or not to make, under the warning of proceeding, in the event of infringement, for disobedience to authority.

In cases of infringement of industrial property and intellectual property rights, once the applicant for the measures has submitted such reasonably available evidence of the infringement, such measures may consist in particular of the detailed description, with or without sampling, or the actual seizure of the goods and objects in dispute, as well as of the materials and instruments used in the production or distribution of these goods and the documents related thereto.

3. As regards jurisdiction and competence for the securing of evidence, the provisions on advance proof shall be made.

4. Where the evidentiary assurance measures have been agreed before the commencement of the proceedings, they shall be terminated if the applicant fails to file his claim within twenty days of the effective adoption of the agreed assurance measures. The court, on its own motion, shall agree by order that the acts of performance that have been performed be lifted or revoked, shall convict the applicant at the costs and declare that he is liable for the damages caused to the subject in respect of whom the measures were taken.

Paragraph 2 is amended and paragraph 4 is added by Article 1.6 of Law 19/2006 of 5 June. Ref. BOE-A-2006-9960

Article 298. Requirements. Procedure for the adoption of the measures for securing evidence. Counterfeit them.

1. The court shall agree, by order, to take appropriate measures in each case if the following requirements are met:

1. That the evidence sought to be secured is possible, relevant and useful at the time of proposing its assurance.

2. (2) That there are reasons or grounds for fear that, in the absence of insurance measures, the practice of such evidence may prove impossible in the future.

3. That the proposed insurance measure, or any other measure which the court considers preferable for the same purpose, may be recognized as conductive and carried out within a short time and without causing serious and disproportionate harm to the persons involved or to third parties.

2. In deciding on the adoption of the measures for securing evidence, the court must take into consideration and may accept any offer by the applicant of the measure to provide a guarantee of the damages that the measure may incur.

3. The court may also agree, by order, instead of the security measure, to accept the offer made by the person to bear the measure to provide, in the form provided for in the second subparagraph of Article 64(2), sufficient security to satisfy the practice of proof intended to be secured.

4. The measures for securing evidence shall be taken after a hearing of the person to whom it is to be supported. If a request is made after the commencement of the proceedings, the defendant will also be heard. Only the person who is to be sued or has already been sued may, by opposing its adoption, claim the impossibility, impertinence or futility of the evidence.

5. By way of derogation from the preceding paragraph, where the delay resulting from the previous hearing is likely to cause irreparable damage to the right of the applicant for the measure or where there is a demonstrable risk that evidence will be destroyed or that its practice will otherwise be rendered impossible if requested, the court may agree to the measure without further formalities, by order. The order shall specify, separately, the requirements that have required it and the reasons that have led to its agreement without a hearing of the defendant or of the person who is to be sued. Such an order is irrevocable and shall be notified to the parties and to those who would bear it without delay and, if not possible before, immediately after the enforcement of the measures.

6. If the insurance measure has been taken without a prior hearing, whoever is to be sued or has already been sued or who is to bear it may object within twenty days of the notification of the order that agreed to it.

7. Opposition to the measure may be based on the absence of risks of irreparable damage in the law for the future practice of the test, as well as on the possibility of agreeing on other equally conducive measures that are less burdensome. It may also be replaced by the security provided for in paragraph 3. Only those who would have been sued or had already been sued may claim the impossibility, impertinence or futility of the evidence.

8. The letter of opposition shall be transmitted to the applicant and, where appropriate, to the defendant or to the person who would have to bear the measure. They shall all be summoned to a hearing within five days after which the opposition shall be decided on within three days by an order which is irrevocable.

The heading is amended and paragraphs 4 to 8 are added by Art. 1.7 of Act No. 19/2006 of 5 June. Ref. BOE-A-2006-9960

CHAPTER VI

Evidence and presumptions

Article 299. Forms of evidence.

1. The means of proof that may be used in court are:

1st Interrogation of the parties.

2nd Public documents.

3. Private documents.

4th Expert opinion.

5th Judicial recognition.

6th Interrogation of witnesses.

2. The means of reproduction of the word, sound and image, as well as the instruments that allow the archiving and knowledge of or reproduction of words, data, figures and mathematical operations carried out for accounting or other purposes relevant to the process, shall also be admitted, in accordance with the provisions of this Law.

3. Where by any other means not expressly provided for in the preceding paragraphs of this article certainty could be obtained about relevant facts, the court shall, at the request of a party, admit it as evidence, taking such measures as may be necessary in each case.

Article 300. Order of practice of the evidence.

1. Unless the court, ex officio or at the request of a party, agrees otherwise, the evidence shall be conducted at the trial or hearing in the following order:

1st Interrogation of the parties.

2. Interview of witnesses.

3. Statements by experts on their opinions or their presentation, when exceptionally to be admitted at that time.

4th Judicial recognition, where it is not to be carried out outside the seat of the court.

5th Reproduction before the court of words, images and sounds captured by instruments of filming, recording and other like.

2. Where any of the evidence admitted cannot be carried out at the hearing, it shall continue to be used for the remaining evidence, in the appropriate order.

Section 1.a of the interrogation of the parties

Article 301. Concept and subjects of the questioning of the parties.

1. Each party may request from the court the questioning of the other parties concerning facts and circumstances of which they are aware and which are relevant to the subject matter of the trial. A colligante may request the questioning of another colligante as long as there is opposition or conflict of interest between the two in the process.

2. Where the lawful party, acting at the trial, is not the subject of the legal relationship at issue or the right holder under whose virtue he is acting, the interrogation of that subject or holder may be requested.

Article 302. Content of the interrogation and admission of questions.

1. The questions of the interrogation shall be formulated orally in the affirmative, with due clarity and precision. They shall not include ratings or ratings, and if they are incorporated they shall be deemed not to be realized.

2. The court shall verify that the questions correspond to the facts on which the interrogation was admitted, and decide on the admissibility of the questions at the same time as the interrogation is conducted.

Article 303. Objection to questions.

The party responding to the questioning, as well as his lawyer, if any, may challenge the admissibility of the questions in the act and may note the assessments and qualifications contained in the questions which, in their opinion, are inappropriate and should be held to be unfulfilled.

Article 304. Failure and tacit admission of the facts.

If the party summoned for questioning fails to appear at trial, the court may consider the facts in which that party has intervened personally and the determination of which as certain is entirely prejudicial to it, and impose on it the fine referred to in the fourth paragraph of Article 292 of this Law.

In the summons, the person concerned shall be advised that, in the event of unjustified non-appearance, the effect referred to in the preceding paragraph shall be produced.

Article 305. Way to respond to the interrogation.

1. The party questioned shall respond for itself, without using any draft replies; but it shall be permitted to consult documents and notes or notes in the event, when the court considers that they are appropriate to assist the memory.

2. The answers must be affirmative or negative and, if this is not possible according to the wording of the questions, they will be precise and concrete. The declarant may, in any event, add such explanations as he deems appropriate and relevant to the issues raised.

Article 306. Court powers and intervention by lawyers. Cross-examination.

1. Once the questions put by the lawyer of the person who requested the evidence have been answered, the lawyers of the other parties and of the lawyer who testified may, by this order, ask the declarant further questions that they contest in order to establish the facts. The court must repel questions that are impertinent or useless.

In order to obtain clarification and additions, the court may also question the party called to testify.

2. Where the intervention of a lawyer is not mandatory, the parties, with the permission of the court, who shall ensure that they do not pass through the word or interrupt, may ask each other questions and observations that are appropriate for the determination of the relevant facts in the proceedings. The court shall repel interventions that are impertinent or useless, and may question the party called to testify.

3. The declarant and his lawyer may challenge the questions referred to in the preceding paragraphs of this provision. They may also make the observations provided for in Article 303. The court shall decide what is appropriate before giving the floor to reply.

Article 307. Refusal to declare, evasive or inconclusive answers and admission of personal facts.

1. If the party called to testify refuses to do so, the court shall warn the party that, unless there is a legal obligation to keep secret, it may consider the facts referred to in the questions to be recognized as certain, provided that the person questioned has intervened in them personally and that their placement as certain would be detrimental to him in whole or in part.

2. Where the answer given by the declarant is evasive or inconclusive, the court shall, on its own motion or at the request of a party, make the warning provided for in the preceding paragraph.

Article 308. Statement of non-personal facts of the person questioned.

If any question concerns facts other than the personal facts of the declarant, he must answer according to his knowledge, giving reason for their origin, but he may propose that a third party who has personal knowledge of the facts, by his relations with the case, accept the consequences of the declaration, also answer the question.

In order for this replacement to be admitted, it must be accepted by the party who proposed the test. In the absence of such acceptance, the declarant may request that the above-mentioned person be questioned as a witness, the court deciding what it considers appropriate.

Article 309. Interrogation of a legal person or entity without legal personality.

1. Where the declarant is a legal person or entity without personality, and his or her trial representative has not intervened in the facts at issue in the proceedings, he or she shall plead such a circumstance at the pre-trial hearing, and shall facilitate the identity of the person who intervened on behalf of the legal person or entity questioned, in order to be summoned to the trial.

The representative may request that the identified person be summoned as a witness if he or she is no longer a member of the legal person or entity without personality.

2. Where a question relates to facts in which the representative of the legal person or entity without personality has not intervened, he must nevertheless answer according to his knowledge, giving reason for his origin and must identify the person who, on behalf of the party, intervened in those facts. The court shall summon such person to be questioned outside the trial as final proceedings, in accordance with the second rule of Article 435(1).

3. In the cases referred to in the preceding paragraphs, if the representation of the legal person or entity without personality shows that the person involved in the event is not aware of the facts, the court shall consider such a statement as an evasive response or resistance to testify, with the effects provided for in Article 307(1) and (2).

Article 310. Complainants' incommunication.

Where two or more parties or persons treated as such are to be declared in accordance with the second paragraph of Article 301, the necessary measures shall be taken to ensure that they are not able to communicate and know the content of the questions and answers in advance.

The same prevention shall be taken when several litisconsorts are to be questioned.

Article 311. Home interrogation.

1. In the event that, owing to illness or other special circumstances of the person answering the questions, the person could not appear at the seat of the court, or the judicial body did not consider it appropriate, on request of a party or on its own motion, the judicial body, heard by the parties, may decide that the statement should be made by videoconference, if the circumstances of the case guarantee the validity of the statement, or the declaration may also be made at the home or residence of the declarant before the judge, the judge or the member of the court concerned, in the presence of the lawyer of the Administration of Justice.

2. If the circumstances did not make it impossible or extremely inconvenient, the other parties and their lawyers may attend the house interrogation. However, if, in the opinion of the court, the attendance of the persons concerned and their attendance is not appropriate in the light of the circumstances of the person and the place, the questioning shall be conducted in the presence of the court and the Legal Counsel of the Administration of Justice, and the proposing party may submit a statement of questions so that, if considered relevant, they may be put forward by the court.

Paragraph 1 is amended by Article 103.54 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 312. Records of the house interrogation.

In the cases of the preceding article, the lawyer or lawyer of the Administration of Justice shall issue a sufficiently detailed record of the questions and answers, which the person who has testified may read for himself. If you do not know or want to do so, you will be read by the lawyer or lawyer of the Administration of Justice and the court will ask the questioned if you have anything to add or vary, then what you state. He shall then sign the declarant and the other assistants, under the faith of the lawyer or lawyer of the Administration of Justice.

Provided that the necessary technological means are available and the judge or court appreciates that it is possible to record the interrogation without affecting the protection of the privacy or dignity of the person, it shall order it, and may be audio recording only. In such cases, the provisions of the preceding paragraph shall not apply, but the lawyer of the Administration of Justice shall ensure the authenticity and integrity of the engraving or reproduction by using the electronic signature or other security system provided by law.

It is amended by art. 103.55 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 313. Home interrogation through judicial assistance.

Where the party responding to the questioning resides outside the judicial demarcation of the court, it shall be examined by videoconference in accordance with article 137 bis; otherwise, it may be examined by judicial assistance if any of the circumstances referred to in article 169 (5) occurs.

In such cases, a list of questions put by the party proposing the interrogation shall be accompanied to the office, if the latter had requested it because it could not attend the interrogation. Questions must be declared relevant by the court hearing the matter.

It is amended by art. 103.56 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 314. Prohibition of reiterating the questioning of the parties.

No interrogation shall be conducted by the parties or persons referred to in Article 301(2) concerning the same facts as have already been the subject of a declaration by those parties or persons.

Article 315. Interrogation in special cases.

1. Where the State, an Autonomous Community, a local entity and another public body are parties to a proceeding and the court admits their statement, a list of the questions which, submitted by the proposing party at the time the evidence is admitted, shall be submitted to them without waiting for the trial or hearing, the court shall declare relevant, so that the answer may be answered in writing and given to the court before the date indicated for those acts.

2. If the written replies are read at the time of the trial or at the hearing, they shall be understood by the procedural representation of the party who has referred them any supplementary questions which the court considers relevant and useful, and if such representation is justified in full by not being able to provide the required answers, a further written examination shall be sent as a final step.

3. The provisions of Article 307 shall apply to the declaration provided for in this Article.

Article 316. Assessment of the questioning of the parties.

1. If it is not contradicted by the outcome of the other evidence, the judgement shall consider as certain the facts which a party has recognized as such if it intervened in them personally and their fixation as certain is entirely prejudicial to it.

2. In all other respects, the courts shall assess the statements of the parties and of the persons referred to in Article 301(2) in accordance with the rules of sound criticism, without prejudice to the provisions of Articles 304 and 307.

Section 2.a Public documents

Article 317. Classes of public documents.

For the purposes of evidence in the proceedings, the following are considered public documents:

1. The decisions and proceedings of all kinds of judicial proceedings and the testimonies issued by the Lawyers of the Administration of Justice.

2. Those authorized by a notary in accordance with the law.

3.o Those intervened by Collegiate Trade Corridors and the certifications of the transactions in which they had intervened, issued by them with reference to the Register Book that they must carry according to law.

4. The certifications issued by the Registrars of Property and Mercantile of the registrations.

5. Those issued by public officials legally entitled to give evidence in respect of the performance of their duties.

6. Those which, with reference to archives and records of organs of the State, of public administrations or of other entities governed by public law, are issued by officials empowered to give evidence of the provisions and actions of those organs, administrations or entities.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 318. Mode of production of evidence by public documents.

Public documents shall have the evidentiary force laid down in Article 319 if they are contributed to the original process or by reliable copy or certification, whether they are presented on paper or by electronic record, or if, having been provided by simple copy, on paper or digitalised image, as provided for in Article 267, their authenticity has not been contested.

It is amended by final provision 6.1.10 of Law 41/2007 of 7 December. Ref. BOE-A-2007-21086

Article 319. Evidence of public documents.

1. With the requirements and in the cases of the following articles, public documents falling within points 1 to 6 of Article 317 shall give full proof of the fact, act or state of things that they document, of the date on which such documentation is produced and of the identity of the fedators and other persons who, where appropriate, intervene in it.

2. The probative force of administrative documents not covered by article 317 (5) and (6), which are granted public status by law, shall be that which establishes the laws which accord such character to them. In the absence of an express provision in such laws, the facts, acts or states of things contained in the documents referred to shall be deemed to be certain, for the purposes of the judgement rendered, unless other means of proof distort the certainty of the documented.

3. In the case of usury, the courts shall decide in each case freely on the basis of their conviction without being bound by the provisions of the first paragraph of this Article.

Article 320. Objection to the evidentiary value of the public document. Checking or checking.

1. If the authenticity of a public document is challenged, the following shall be used to enable it to give full proof:

1. The copies, certifications or evidences shall be checked or verified with the originals, wherever they may be, whether they have been submitted on paper or electronic, computer or digital media.

2. The policies intervened by a collegiate trade broker will be checked with the entries in your Register Book.

3. In the case of electronic documents, the validity of the electronic signature shall be verified.

2. The comparison or verification of public documents with their originals shall be carried out by the legal counsel of the Administration of Justice, and shall be made to that effect in the archive or premises where the original or matrix is located, in the presence, if present, of the parties and their defenders, who shall be summoned to that effect.

If the public documents are incorporated in the file in electronic form, the comparison with the originals shall be carried out by the legal counsel of the Administration of Justice in the judicial office, in the presence, if any, of the parties and their defenders, who shall be summoned for that purpose.

In the case of electronic public documents, the lawyer or lawyer of the Administration of Justice shall verify the validity of the electronic signature, if any, by means of its verification, through the Safe Verification Code. In any event, it may avail itself of the assistance of an expert who issues a report, at the outset by the challenger, without prejudice to the determination of the imposition of costs.

3. Where a cross-check or verification results in the authenticity or accuracy of the contested copy or testimony, the costs, expenses and rights arising from the cross-checking or verification shall be borne solely by the person who made the challenge. If, in the opinion of the court, the challenge has been reckless, it may also impose a fine of 120 to 600 euros.

It is amended by art. 103.57 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraphs 1 and 2 are amended by the sole article 39 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The amounts referred to in paragraph 3 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Article 321. Incomplete testimony or certification.

The credible testimony or certification of only part of a document shall not be fully tested until such time as it is completed with the additions requested by the litigant from whomever may harm him.

Article 322. Public documents not subject to cross-checking or checking.

1. They shall give full proof at trial, without the need for verification or cross-checking, and unless there is evidence to the contrary, and the power to request the cross-checking of letters where possible:

1. The old public scriptures that lack protocol and all those whose protocol or matrix had disappeared.

2. any other public document which, by its nature, lacks an original or record with which it can be compared or verified.

2. In cases of disappearance of the protocol, matrix or original records, the provisions of the Article 1221 of the Civil Code.

Article 323. Foreign public documents.

1. For procedural purposes, foreign documents shall be considered public documents to which, pursuant to international treaties or conventions or special laws, the evidentiary force provided for in article 319 of this Law is to be attributed.

2. Where no international treaty or convention or special law is applicable, those which meet the following requirements shall be regarded as public documents:

1. That the requirements required in the country where they were granted for full proof in court have been observed in the award or preparation of the document.

2. That the document contains the legalization or apostille and the other requirements necessary for its authenticity in Spain.

3. Where the foreign documents referred to in the preceding paragraphs of this article incorporate declarations of will, the existence of such declarations shall be proven, but their effectiveness shall be that determined by the applicable Spanish and foreign rules on the capacity, object and form of legal transactions.

Section 3. Private documents

Article 324. Types of private documents.

Private documents are considered, for the purposes of evidence in the proceedings, those which are not found in any of the cases referred to in article 317.

Article 325. Test production mode.

Private documents shall be submitted in the manner set out in article 268 of this Act.

Article 326. Probatory force of private documents.

1. Private documents shall give full evidence in the proceedings, in the terms of article 319, where their authenticity is not contested by the party to whom they damage.

2. Where the authenticity of a private document is contested, the person submitting it may request the expert comparison of letters or propose any other means of proof that is useful and relevant to that purpose.

If the authenticity of the document is disclosed from the cross-checking or other evidence, it shall be carried out in accordance with the third paragraph of Article 320. If it cannot be deduced from its authenticity or no evidence has been proposed, the court shall assess it in accordance with the rules of sound criticism.

3. Where the party interested in the effectiveness of an electronic record so requests or challenges its authenticity, integrity, date and time accuracy or other characteristics of the electronic record, an electronic trust service which is not qualified as provided for in the Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014on electronic identification and trust services for electronic transactions in the internal market, to enable accreditation, shall be carried out in accordance with paragraph 2 of this Article and with the Regulation (EU) No 910/2014.

4. If a qualified trust service has been used as provided for in the Regulation referred to in the preceding paragraph, it shall be presumed that the document meets the characteristic in question and that the trust service has been properly provided if it was, at the relevant time for the purposes of the discrepancy, on the trust list of qualified providers and services.

If the electronic record is still challenged, the burden of carrying out the verification shall lie with the person who filed the challenge. If such checks result in a negative result, the costs, expenses and duties shall be the sole source of the verification by the person who made the challenge. If, in the opinion of the court, the challenge has been reckless, it may also impose a fine of 300 to 1200 euros.

Paragraph 3 is amended and paragraph 4 is added by final provision 2 of Law 6/2020 of 11 November. Ref. BOE-A-2020-14046

Paragraph 3 is added by additional provision 10 of Law 59/2003 of 19 December. Ref. BOE-A-2003-23399

Drafted the second subparagraph of paragraph 2 in accordance with the correction of errors published in BOE No. 90 of 14 April 2000. Ref. BOE-A-2000-7052

Article 327. Traders’ accounting records.

Where the books of traders are to be used as evidence, they shall be subject to the provisions of commercial law. On a reasoned basis, and exceptionally, the court may request that the books or their computer support be presented to it, provided that the entries to be examined are specified.

Section 4. Provisions common to the two preceding sections

Article 328. Duty of documentary exhibition between parts.

1. Each party may request from the others the display of documents which are not available to it and which relate to the subject matter of the proceedings or the effectiveness of the evidence.

2. A simple copy of the document shall be accompanied by the request for display and, if it does not exist or is not available, the contents of the document shall be indicated in the most accurate manner possible.

3. In proceedings for infringement of an industrial property right or intellectual property right, which is committed at a commercial level, the application for exhibition may be extended, in particular, to bank, financial, commercial or customs documents produced over a certain period of time and presumed to be held by the defendant. The application must be accompanied by a principle of proof which may consist in the presentation of a sample of the copies, goods or products on which the infringement occurred. At the request of any interested party, the court may accord confidentiality to proceedings, in order to ensure the protection of confidential data and information.

Paragraph 3 is added by Art. 1.8 of Law 19/2006 of 5 June. Ref. BOE-A-2006-9960

Article 329. Effects of the refusal to exhibit.

1. In the event of unjustified refusal to display the preceding article, the court may, taking into account the remaining evidence, attribute evidentiary value to the simple copy submitted by the applicant of the exhibition or to the version of the contents of the document that he or she has given.

2. In the event of an unjustified refusal referred to in the preceding paragraph, the court may, instead of what is provided for in that paragraph, make an order by order that the documents the presentation of which was requested be brought to trial, where the characteristics of those documents so advise, the remaining evidence provided, the substance of the claims made by the applicant and the arguments put forward to substantiate them.

Article 330. Third-party display of documents.

1. Except as provided for in this Law in the area of preliminary proceedings, non-disputing third parties shall only be required to display documents of their property when, as requested by one of the parties, the court finds that their knowledge is transcendent for the purpose of rendering judgement.

In such cases, the court shall order, by order, the personal appearance of the person in whose possession they are and, after hearing him, shall decide as appropriate. Such a decision shall not be subject to appeal, but the party concerned may reproduce its request at the second instance.

If they are willing to display them voluntarily, they will not be obliged to submit them to the Judicial Office, but, if they so require, the Legal Aid Counsel will go to their home to testify to them.

2. For the purposes of the preceding paragraph, the holders of the legal relationship at issue or of which they are the cause, even if they do not appear as parties to the proceedings, shall not be considered third parties.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The third subparagraph of paragraph 1 is amended by Article 15.158 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 331. Testimony of documents displayed.

If the person from whom the exhibition is required in accordance with the provisions of the preceding articles is not prepared to remove the document for incorporation in the case file, the testimony of the document shall be given by the lawyer of the Administration of Justice at the seat of the court, if requested by the exhibitor, or digitized by a competent official under the faith of the lawyer or lawyer of the Administration of Justice.

It is amended by art. 103.58 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 332. Duty to exhibit official entities.

1. State, Autonomous Communities, provinces, local entities and other public law entities may not refuse to issue certifications and testimonies requested by the courts or to object to the production of documents in their offices and archives, except in the case of legally declared or classified documents of a reserved or secret nature. In such a case, the court shall be informed of such a statement.

2. Unless there is a special legal duty of secrecy or reservation, entities and companies that perform public services or are responsible for activities of the State, the Autonomous Communities, the provinces, municipalities and other local entities shall also be subject to the obligation of exhibition, as well as to issue certifications and testimonies, in the terms of the preceding paragraph.

Article 333. Extraction of copies of documents other than written texts.

In the case of drawings, photographs, drawings, plans, maps and other documents that do not predominantly incorporate written texts, if only the original exists, the party may request that a copy be obtained from the exhibition, in the presence of the Letter of the Administration of Justice, which will prove to be faithful and accurate reproduction of the original.

If these documents are provided electronically, copies made by electronic means by the judicial office shall be considered as authentic copies.

It is amended by article the sole Article, point 40 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 334. Probative value of reprographic copies and cross-checking.

1. If the party to whom the document submitted by a reprographic copy is prejudicial contests the accuracy of the reproduction, it shall be compared with the original, if possible and, if not, its probative value shall be determined according to the rules of sound criticism, taking into account the outcome of the other evidence.

2. The provisions of the preceding paragraph of this Article shall also apply to drawings, photographs, paintings, drawings, drawings, plans, maps and similar documents.

3. The comparison referred to in this Article shall be verified by the Legal Counsel of the Administration of Justice, with the exception of the right of the parties to propose expert evidence.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Section 5. Expert reports

Article 335. Purpose and purpose of the expert opinion. Oath or promise to act objectively.

1. Where scientific, artistic, technical or practical knowledge is necessary to assess facts or circumstances relevant to the matter or to acquire certainty about them, the parties may give the opinion of experts who possess the relevant knowledge to the process or, in the cases provided for in this law, request that an expert opinion be given by the court.

2. In issuing the opinion, any expert shall, under oath or promise of truth, state that he has acted and, where appropriate, shall act as objectively as possible, taking into account both what he may favour and what is likely to cause harm to any of the parties, and that he is aware of the criminal sanctions he may incur if he fails to perform his duty as an expert.

3. Unless otherwise agreed by the parties, an expert who had intervened in a mediation or arbitration relating to the same matter may not be asked for an opinion.

Paragraph 3 is amended by final provision 3.7 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

Paragraph 3 is added by final provision 2.7 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Article 336. Input with the application and the reply of opinions drawn up by experts appointed by the parties.

1. The opinions available to the litigants, drawn up by experts appointed by them and deemed necessary or appropriate for the defence of their rights, shall be submitted by the application or by the reply, without prejudice to the provisions of Article 337.

2. Opinions shall be made in writing, accompanied, where appropriate, by other documents, instruments or materials appropriate to the expert's opinion on what has been the subject of the expertise. If it is not possible or appropriate to provide these materials and instruments, the statement of opinion shall contain sufficient information on them. Documents deemed appropriate for the most appropriate assessment may also be accompanied by the opinion.

3. The applicant shall be deemed to be able to provide written opinions drawn up by an expert appointed by him with the application if it is not fully justified that the defence of his right has not allowed the application to be delayed until the opinion has been obtained.

4. A defendant who cannot provide written opinions in response to the application must justify the impossibility of requesting and obtaining them within the time limit for replying.

5. At the request of a party, the court or tribunal may agree that the defendant shall be permitted to examine through counsel or expert the matters and places in which the status and circumstances of the defendant are relevant to his defence or to the preparation of the expert reports he intends to submit. Furthermore, in the case of personal injury claims, it may urge the actor to permit the examination by an physician in order to prepare an expert report.

Paragraphs 1 and 4 are amended and Article 5 is added by the sole Article 41 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 337. Notice of opinions where they cannot be provided with the application or with the reply. Subsequent input.

1. If it is not possible for the parties to provide opinions drawn up by experts appointed by them, together with the request or reply, they shall express in one or the other opinion that, where appropriate, they intend to avail themselves, which they shall contribute, for transfer to the opposing party, as soon as they have, and in any case five days before the start of the pre-trial hearing or within thirty days of the submission of the application or the reply at the oral trial. This period may be extended by the court where the nature of the expert evidence so requires and there is a justified cause.

2. In the light of the opinions provided for in the preceding paragraph, the parties must state whether they wish to have the experts responsible for the opinions heard in the proceedings governed by articles 431 et seq. of this Law or, where appropriate, in the hearing of the oral proceedings, stating whether they must present or explain the opinion or answer questions, objections or proposals for rectification or intervene in any other way useful for understanding and evaluating the opinion in relation to what is the subject of the proceedings.

Paragraph 1 is amended by Article 103.59 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 1 is amended by Article 15.159 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 338. Provision of opinions in the light of post-claim proceedings. Request for expert intervention in the trial or hearing.

1. The provisions of the preceding article shall not apply to opinions the need or usefulness of which is demonstrated by the defendant's arguments in the defence of the claim or the additional arguments or claims admitted at the hearing, pursuant to article 426 of this Law.

2. Views the need or usefulness of which arises from the defence of the claim or from the alleged and alleged proceedings at the pre-trial hearing shall be provided by the parties for transfer to the opposing parties at least five days before the trial or hearing, and the parties shall state to the court whether they consider it necessary for the experts to proceed to the trial or hearing of the opinions, as referred to in article 337, paragraph 2.

The court may also agree in this case the presence of experts at the trial or hearing in accordance with the terms set out in paragraph 2 of the preceding article.

Paragraph 2 is amended by the sole article 42 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 2 is amended by Art. 15,160 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 339. Request for appointment of experts by the court and judicial decision on such request. Designation of experts by the court, without the request of a party.

1. If either party has the right to free legal aid, he or she will not have to provide the expert opinion with the request or the reply, but simply announce it, for the purpose of judicial expert designation, as provided for in the Law on Free Legal Aid.

2. The plaintiff or the defendant, even if they are not present in the case of the preceding paragraph, may also request in their respective initial pleadings that the judicial appointment of expert be made, if they deem it appropriate or necessary for their interests to issue an expert report. In such a case, the court shall make the designation. Such an opinion shall be at the expense of the person who has requested it, without prejudice to what may be agreed in respect of costs.

Unless it concerns claims or claims not contained in the application, no expert report drawn up by a judicially appointed expert may be requested after the application or reply.

The judicial designation of expert shall be made within five days of the submission of the reply to the application, irrespective of who has applied for such designation. Where both parties have initially requested it, the court may, if they are satisfied, designate a single expert to issue the requested report. In such a case, the expert's fees shall be paid by both litigants in equal shares, without prejudice to what may be agreed in respect of costs.

3. In the ordinary case, if, as a result of the additional arguments or claims permitted at the hearing, the parties request, as provided for in Article 427(4), the appointment by the court of an expert to give a ruling, the court shall so agree, provided that it considers the opinion relevant and useful.

The same may be done by the court in the case of oral proceedings and the parties may request the appointment of expert at the hearing, in which case the expert shall be interrupted until the opinion is delivered.

4. In the cases referred to in the preceding two subparagraphs, if the parties requesting the appointment of an expert by the court are also in agreement that the opinion is given by a particular person or entity, the court shall so agree. If there is no agreement between the parties, the expert shall be appointed by the procedure laid down in Article 341.

5. The court may, of its own motion, appoint expert when the expertise is relevant in proceedings concerning the declaration or challenge of filiation, paternity and maternity, on the capacity of persons or in matrimonial proceedings.

6. The court shall appoint only one expert for each question or set of issues to be the subject of expertise and which do not require the views of different experts because of the diversity of their subject matter.

Paragraphs 1 to 3 are amended by the sole article.43 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraphs 1 and 2 are amended by Article 15,161 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 340. Requirements for experts.

1. Experts shall possess the official title corresponding to the subject matter of the opinion and the nature of the opinion and shall be accredited experts in the matter. In the case of subjects which are not covered by official professional qualifications, they must be appointed from among persons understood in those subjects.

2. An opinion may also be sought from academies and cultural and scientific institutions concerned with the study of subjects relevant to the subject of expertise. Legal persons legally empowered to do so may also issue opinions on specific issues.

3. In the cases referred to in the preceding paragraph, the institution responsible for the opinion shall as soon as possible state which person or persons shall be directly responsible for preparing the opinion, which shall be required to take the oath or pledge provided for in the second paragraph of Article 335.

Paragraph 1 is amended with effect from 3 April 2025 by Art. 22.25 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Article 341. Procedure for judicial appointment of expert.

1. In January of each year, the various professional associations or, failing that, similar bodies, as well as the cultural and scientific academies and institutions referred to in the second paragraph of the previous Article, shall be concerned with the dispatch of a list of members or associates willing to act as experts. The first designation of each list shall be made by drawing of lots made in the presence of the Lawyer of the Administration of Justice, and the following designations shall be made thereafter in a corresponding order.

2. Where an expert is to be appointed without official title, practice or understanding in the matter, the appointment shall be made by the procedure laid down in the preceding paragraph, using a list of persons to be requested each year from appropriate trade unions, associations and entities, and comprising at least five such persons. If, because of the uniqueness of the subject matter of the opinion, only the name of an understood person or practice is available, the consent of the parties shall be sought and only if all the consent is given shall the expert be designated.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 342. Call to the designated expert, acceptance and appointment. Provision of funds.

1. On the same day or following business day of designation, the Legal Aid Officer shall inform the expert, requiring him to state within two days whether he accepts the office. If so, the appointment shall be made and the expert shall, in the manner provided for, make the statement under oath or undertaking provided for in Article 335(2).

2. If the appointed expert alleges a just cause that prevents him from accepting it, and the Counsel of the Administration of Justice considers it sufficient, he shall be replaced by the next of the list, and so on, until the appointment can be made.

3. The designated expert may request, within three days of his appointment and with a budget submission of what would be his future invoice, the provision of funds that he deems necessary, which shall be on the account of the final settlement. The lawyer or lawyer of the Administration of Justice, by decree, shall decide on the provision requested and shall order the party or parties who have proposed expert evidence and are not entitled to free legal aid to pay the amount set out in the Deposits and Appropriations Account of the court, within five days.

After that period, if the quantity fixed has not been deposited, the expert shall be exempted from delivering the opinion, without a new designation being possible.

Where the expert appointed has been so agreed, and one of the litigants does not make the part of the consignment to which he or she is assigned, he or she shall offer the other litigant the possibility of supplementing the missing quantity, indicating in such a case the points on which the opinion is to be delivered, or of recovering the amount deposited, in which case the provisions of the preceding paragraph shall apply.

After the expert test has been completed, the expert shall submit his or her invoice or minutes of fees, which shall be dealt with in respect of the challenges to the fees for excessive fees as appropriate, and shall sign the decision to be taken.

Paragraph 3 is amended with effect from 3 April 2025, by Art. 22.26 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 3 is amended by Art. 103.60 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.162 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 343. Expert streaks. Time and shape of the studs.

1. Only judicially appointed experts may be challenged.

In contrast, non-recusable experts may be subject to cross-reference when one of the following circumstances occurs:

1. To be a spouse or relative by consanguinity or affinity, within the fourth civil degree of one of the parties or their lawyers or attorneys.

2. Have direct or indirect interest in the matter or in another such matter.

3. To be or have been in a position of dependency or community or conflict of interest with either party or with their lawyers or attorneys.

4th Intimate friendship or enmity with either party or their attorneys or lawyers.

5. or any other circumstance, duly established, that causes them to be destitute in the professional concept.

2. A crossover may not be made after the trial or the hearing, in oral trials. In the case of ordinary trial, the marks of experts who produce opinions submitted with a request or a reply will be proposed at the pre-trial hearing.

In formulating expert lists, evidence may be proposed to justify them, except for testimony.

Article 344. Contradiction and evaluation of the crossover. Penalty in case of reckless or disloyal strike.

1. Any interested party may address the court in order to deny or contradict the cross-reference by providing such documents as they deem relevant to that effect. If the refusal undermines the professional or personal status of the expert, the expert may request the court, at the end of the proceedings, to declare, by order, that the refusal is unfounded.

2. Without any further formalities, the court shall take into account the cross-reference and its possible denial or contradiction when assessing the evidence, if any, by making by order the declaration of non-substantiation of the cross-reference provided for in the preceding paragraph. If the party considers that he is reckless or disloyal, on the basis of his reasons or of the time in which it is formulated, he may impose a fine of 60 to 600 euros on the party responsible after a hearing.

The amounts referred to in paragraph 2 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Article 345. Expert operations and possible involvement of the parties in them.

1. Where the issuing of the opinion requires any recognition of places, objects or persons or the conduct of similar operations, the parties and their advocates may witness one or the other, if this does not prevent or hinder the expert's work and the correctness and impartiality of the opinion can be guaranteed.

2. If any of the parties requests to be present in the expert operations referred to in the preceding subparagraph, the court shall decide as appropriate and, if such presence is admitted, shall order the expert to give direct notice to the parties, at least forty-eight hours in advance, of the day, time and place in which such operations shall be carried out.

Article 346. Issuance and ratification of the opinion by the expert designated by the court.

An expert appointed by the court shall deliver his or her opinion in writing, which shall transmit by electronic means to the court within the time limit specified. Such an opinion shall be transmitted by the counsel or counsel of the Administration of Justice to the parties if they consider it necessary that the expert should intervene in the trial or hearing for the purpose of providing such clarifications or explanations as may be appropriate. In any event, the court may agree, by order, that it considers it necessary for the expert to intervene in the trial or hearing in order to better understand and evaluate the opinion delivered.

Where the expert to be involved in the trial or hearing resides outside the judicial demarcation of the court, the statement shall preferably be made through videoconference.

It is amended by art. 103.61 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 44 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.163 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 347. Possible performance of experts at trial or in court.

1. The experts shall have at the trial or at the hearing the intervention requested by the parties, which the court shall admit.

The court shall only refuse requests for intervention which, for their purpose and content, are to be deemed impertinent or useless, or where there is a duty of confidentiality arising from the expert ' s intervention in an earlier mediation procedure between the parties.

In particular, the parties and their advocates may request:

1st Full statement of the opinion, where such statement requires the carrying out of other operations, complementary to the written statement provided, by using the documents, materials and other elements referred to in Article 336(2).

2. Explanation of the opinion or of some or some of its points, the meaning of which is not sufficiently expressive for the purposes of the test.

3. Responses to questions and objections, on method, premises, conclusions and other aspects of the opinion.

4th Responses to requests for an extension of the opinion to other related points, in case it could be carried out in the same act and, in any event, to know the expert's opinion on the possibility and usefulness of enlargement, as well as the time needed to carry it out.

5th Criticism of the opinion concerned by the expert of the opposing party.

6. Formulation of the marks that may affect the expert.

2. The court may also ask experts questions and request explanations from them as to what is the subject of the opinion provided, but it may not, on its own initiative, be extended, except in the case of experts appointed ex officio pursuant to Article 339(5).

The second subparagraph of paragraph 1 is amended by final provision 3.8 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

The second subparagraph of paragraph 1 is amended by final provision 2.8 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Article 348. Assessment of expert opinion.

The court shall evaluate expert opinions according to the rules of sound criticism.

Article 349. Côte d'Ivoire.

1. A search of letters shall be carried out by expert when the authenticity of a private document is denied or questioned by the party to whom it harms.

2. Letters may also be cross-checked when the authenticity of any public document lacking a matrix and copies as provided for in the Article 1221 of the Civil Codeprovided that such document cannot be recognized by the official who issued it or by the person who appears as acting trustee.

3. Letters shall be cross-checked by expert appointed by the court in accordance with articles 341 and 342 of this Act.

Article 350. Undubbed documents or writing body for matching.

1. The party requesting the matching of letters shall designate the document(s) with which it is to be made.

2. The following shall be considered as undisputed documents for the purposes of cross-checking:

1. (1) Documents which recognize as such all parties to which this expert evidence may affect.

2. Public writings and those contained in public archives relating to the National Identity Document.

3. any private documents whose letter or signature has been recognized in court by the person to whom the dubious one is attributed.

4th The defiant letter, in the part in which he recognizes the letter as his the one to whom he harms.

3. In the absence of the documents listed in the preceding paragraph, the party to whom the contested document is attributed or the signature authorizing it may, at the request of the contrary, be required to form a body of writing to be issued by the court or the Legal Aid Service.

If the requested document is refused, the contested document shall be considered as recognised.

4. If there are no undisputed documents and it is impossible to cross-check with a body of writing by death or absence of the person who should form it, the court shall assess the value of the document challenged in accordance with the rules of sound criticism.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 351. Production and evaluation of the opinion on the comparison of letters.

1. The expert conducting the letter matching shall record in writing the verification operations and their results.

2. Articles 346, 347 and 348 of this Act shall apply to the expert opinion on the collation of letters.

Article 352. Other instrumental expert opinions of different evidence.

Where it is necessary or appropriate to know the content or meaning of a test or to make its best assessment, the parties may provide or propose expert opinions on other means of evidence admitted by the court under Article 299(2) and (3).

Section 6.a: Judicial recognition

Article 353. Purpose and purpose of the judicial recognition and initiative to agree on it.

1. Judicial recognition shall be agreed when the clarification and assessment of the facts requires or is desirable for the court to examine for itself any place, object or person.

2. Without prejudice to the extent to which the court considers that judicial recognition is to be granted, the party requesting it must express the main points to which it wishes the court to refer and indicate whether it intends to engage in the act with any technical or practical person in the matter.

The other party may, before judicial recognition has been granted, propose other matters of interest to him and shall also state whether he will be present with the person referred to in the preceding paragraph.

3. In accordance with the practice of judicial recognition, the Registrar shall indicate at least five days in advance of the date and time on which the judicial recognition is to be carried out.

Paragraph 3 is amended by Art. 15.164 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 354. Judicial recognition and intervention of the parties and persons heard.

1. The court may agree on any measures necessary to achieve the effectiveness of the recognition, including ordering entry to the place to be recognized or where the object or person to be recognized is located.

2. The parties, their solicitors and lawyers may proceed to judicial recognition and make such observations as they deem appropriate to the court.

3. If, on its own initiative or at the request of a party, the court considers it appropriate to hear the observations or statements of the persons referred to in paragraph 2 of the preceding article, it shall first receive them an oath or promise to tell the truth.

Article 355. Recognition of persons.

1. The judicial recognition of a person shall be carried out through an interrogation conducted by the court, which shall be adapted to the needs of each particular case. In such questioning, which may be conducted, if circumstances so advise, in camera or outside the seat of the court, the parties may intervene, provided that the court does not consider it to be disturbing for the good purpose of the proceedings.

2. In any event, in the practice of judicial recognition, respect for the dignity and privacy of the person shall be guaranteed.

Article 356. Concurrence of judicial and expert recognition.

1. Where the court deems it appropriate, it may, by order, order that judicial recognition and expert examination of the same place, object or person be carried out in a single act, following the procedure laid down in this Section.

2. The parties may also apply for joint practice of both recognitions and the court shall order it if it considers it appropriate.

Article 357. Concurrence of judicial recognition and evidence by witnesses.

1. At the request of a party and at its expense, the court may by order determine that witnesses shall be examined as a continuous act of judicial recognition, where the hearing of the place or of the things or persons may contribute to the clarity of their testimony.

2. Interrogation of the opposite party may also be carried out at the request of the party concerned when the same circumstances are mentioned in the preceding paragraph.

Article 358. Act of judicial recognition.

1. A detailed record shall be drawn up by the legal counsel of the Administration of Justice and shall clearly state the views and assessments of the court, as well as the observations made by the parties and by the persons referred to in article 354.

Provided that the necessary technological means are available, the provisions of the preceding paragraph shall not apply, but the lawyer or lawyer of the Administration of Justice shall ensure the authenticity and integrity of the engraving or reproduction by using the electronic signature or other security system provided by law.

2. The results of the other evidence proceedings which were carried out in the same act of judicial recognition, as provided for in articles 356 and 357, shall also be recorded in the record.

Paragraph 1 is amended by Article 103.62 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Article 359. Use of technical means of recording judicial recognition.

Image and sound recording or similar instruments shall be used to record what is subject to judicial recognition and the statements of those involved in it.

Where possible, the authenticity and integrity of the engraving or reproduction shall be guaranteed by the use of the electronic signature or other security system.

If the authenticity and integrity of the engraving or reproduction cannot be guaranteed by the use of the electronic signature or other security system, a written record shall be drawn up and recorded as necessary for the identification of the recordings, reproductions or examinations carried out, to be entered in the electronic judicial record, or, failing that, to be kept by the legal counsel or legal counsel of the Administration of Justice, so that they are not altered.

Where it is possible to copy, with guarantees of authenticity, the engraving or reproduction by the above means or instruments, the party concerned may, at its own expense, request and obtain it from the court.

It is amended by art. 103.63 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The first paragraph is amended by Article 1. 15.165 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Section 7.a On the interrogation of witnesses

Article 360. Subject matter of witness evidence.

The parties may request that persons who have news of controversial facts relating to what is the subject of the trial be heard as witnesses.

Article 361. Ideality to witness.

All persons, except those permanently deprived of reason or of the use of meanings, may be witnesses in respect of facts which only may be known by such senses.

Persons under fourteen years of age may testify as witnesses if, in the opinion of the court, they have the necessary discernment to know and to testify truthfully.

Article 362. Designation of witnesses.

In proposing evidence of witnesses, their identity shall be expressed, indicating as far as possible the name and surname of each person, his profession and his domicile or residence.

A witness may also be designated by expressing his or her charge or any other circumstances of identification, as well as the place where he or she may be summoned.

Article 363. Limitation of the number of witnesses.

The parties may propose as many witnesses as they deem appropriate, but the costs of which exceed three for each event discussed shall in any event be the account of the party presenting them.

Where the court has heard the testimony of at least three witnesses in connection with an event under discussion, it may disregard the testimony of witnesses missing in relation to the same fact if it considers that the evidence given has already been sufficiently illustrated.

Article 364. The witness's address statement.

1. Where the witness resides outside the court ' s judicial demarcation, the statement shall preferably be made through videoconference.

2. Where it cannot be carried out by videoconference and by illness or other reason referred to in article 169 (4), the court considers that a witness cannot appear at the seat of the witness, it may be given a statement at his or her home either directly or through judicial assistance, depending on whether or not that address is located at the court's demarcation.

The testimony may be attended by the parties and their lawyers and, if they are unable to appear, they shall be allowed to submit written questioning with the questions they wish to put to the witness under examination.

3. Where, in the circumstances, the court considers it prudent not to allow the parties and their lawyers to comply with the household declaration, the parties shall be given the opportunity to respond so that, within the third day, they may request further supplementary questions from the witness or to be asked for clarification, as provided for in article 372.

It is amended by art. 103.64 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 365. Oath or promise of witnesses.

1. Before testifying, each witness shall take an oath or promise to tell the truth, with the imposition of the penalties established for the offence of false testimony in civil proceedings, for which the court shall instruct him if he or she declares to ignore them.

2. In the case of juvenile witnesses, they shall not be required to swear or promise to tell the truth.

Article 366. How to testify.

1. Witnesses shall declare separately and successively, in the order in which they were set forth in the proposals, unless the court finds reason to alter it.

2. Witnesses shall not communicate with each other nor be able to attend the statements of others.

To this end, the necessary measures shall be taken.

Article 367. General questions to the witness.

1. The court shall initially ask each witness, in any event:

1. By name, surname, age, status, profession and domicile.

2. If he has been or is a spouse, relative by consanguinity or affinity, and to what extent, of any of the litigants, their lawyers or attorneys or is linked to them by adoption, guardianship or similar links.

3. If it is or has been dependent or is or has been in the service of the party who proposed it or of its solicitor or lawyer or has had or has had any relationship with them that could cause common or conflicting interests.

4. If you have a direct or indirect interest in the matter or in a similar matter.

5.o If he is a close friend or enemy of any of the litigants or of their attorneys or lawyers.

6.o If he has ever been convicted for false testimony.

2. In view of the witness's answers to the questions in the preceding subparagraph, the parties may state to the court the existence of circumstances relating to their impartiality.

The court may examine the witness in these circumstances and shall have questions and answers recorded in the record for the proper assessment of the statements when sentencing.

Article 368. Content and admissibility of questions.

1. Questions to be asked to the witness should be made orally and with due clarity and precision. They will not include ratings or ratings, and if they are incorporated, they will be deemed unfulfilled.

2. The court shall decide on the questions raised in the same act of interrogation, admitting those that may be conducive to the investigation of facts and circumstances at issue, which are relevant to the subject matter of the trial.

Questions which do not relate to the particular knowledge of a witness in accordance with Article 360 shall be disregarded.

3. If, despite being inadmissible, a question is answered, the answer shall not be recorded in the record.

Paragraph 1 is amended by Article 15.166 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 369. Objection to the admission of the questions and protest against their inadmissibility.

1. In the very act of questioning, parties other than those who have asked the question may challenge their admission and may note the assessments and qualifications which they consider inappropriate and which, in their view, should be held to be unfulfilled.

2. Any party who is dissatisfied with the inadmissibility of questions may so state and request that their protest be recorded on record.

Article 370. Witness examination of the questions admitted. Witness-expert.

1. After the general questions have been answered, the witness shall be examined by the party who proposed it, and if it has been proposed by both parties, the questions put by the complainant shall be initiated.

2. The witness shall respond for himself, in word, without availing himself of any draft answers. When the question relates to accounts, books or documents, they will be allowed to consult them before answering.

3. In each of his answers, the witness will express the science reason for what he says.

4. Where the witness possesses scientific, technical, artistic or practical knowledge of the subject matter to which the facts of the interrogation relate, the court shall admit any demonstrations which, by virtue of such knowledge, the witness adds to his answers to the facts.

As regards such demonstrations, the parties may make known to the court the concurring circumstances of any of the cross-sectional circumstances related to section 343 of this Law.

Article 371. Witnesses with a duty to keep secret.

1. Where, by reason of his state or profession, the witness has a duty to keep secret in respect of acts for which he is questioned, he shall make a reasoned statement and the court, considering the basis of the refusal to testify, shall, by order, rule on the law. If the witness is released from reply, it shall be recorded in the record.

2. If it is alleged by the witness that the facts for which he is asked belong to a matter legally declared or classified as of a reserved or secret nature, the court, in cases where it considers it necessary for the satisfaction of the interests of the administration of justice, shall, by order, request from the competent body an official document proving that nature.

The court, having ascertained the basis of the allegation of confidentiality or secrecy, shall order the document to be attached to the files, recording the questions affected by the official secrecy.

Article 372. Intervention by the parties in the interrogation and extension of the interrogation.

1. Once the questions raised by the lawyer of the party who proposed the test may be answered, the lawyers of either party may ask the witness further questions that they rebut lead to the determination of the facts. The court must repel questions that are impertinent or useless.

In the event of the inadmissibility of these questions, the provisions of Article 369(2) on non-admission shall apply.

2. In order to obtain clarification and additions, the court may also examine the witness.

Article 373. I'm between witnesses and between them and the parties.

1. Where witnesses are in serious contradiction, the court may, on its own motion or at the request of a party, agree that they should be subjected to a confrontation.

2. It may also be agreed that, on the basis of the respective statements, the parties and any or some witnesses shall be engaged in a confrontation.

3. The proceedings referred to in this article shall be requested at the end of the interrogation and, in this case, the witness shall be advised not to be absent so that such proceedings may be conducted thereafter.

Article 374. How to record testimony.

Testimony given at the hearing or trial shall be documented in accordance with Article 146(2).

In the case of the home witness statement in article 364, provided that the necessary technological means are available and the judge or court appreciates that it is possible to record the interrogation without affecting the protection of the privacy or dignity of the person, it shall order this, and it may be audio recording only. In such cases, the lawyer or lawyer of the Administration of Justice shall guarantee the authenticity and integrity of the engraving or reproduction by using the electronic signature or other security system provided by law.

It is amended by art. 103.65 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 375. Witness compensation.

1. Witnesses who appear before the Tribunal in response to the summons shall have the right to obtain compensation from the party who proposed to them for the costs and prejudices caused to them by their appearance, without prejudice to what may be agreed in respect of costs. If several parties propose to the same witness, the amount of compensation shall be apportioned among themselves.

2. The amount of compensation shall be determined by the Legal Aid Service by decree, which shall take into account the particulars and circumstances which have been provided. Such a decree shall be issued after the end of the trial or hearing.

If the party or parties to be compensated do not do so within 10 days of the finality of the decision referred to in the preceding paragraph, the witness may apply directly to the urgency procedure.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.167 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 376. Assessment of witness statements.

The courts shall assess the evidentiary force of witnesses' statements in accordance with the rules of sound criticism, taking into account the reason for science given, the circumstances in which they are based and, where appropriate, the marks made and the results of the evidence which has been used on them.

Article 377. Eyewitnesses.

1. Regardless of Article 367(2), each party may cross off witnesses proposed by the opposing party in respect of any of the following cases:

1. To be or have been a spouse or relative by consanguinity or affinity within the fourth civil degree of the party who presented it or of his or her lawyer or solicitor or to be related to them by connection of adoption, guardianship or similar.

2. To be the witness, when giving testimony, depending on the person who proposed it or on his or her solicitor or lawyer, or to be at his or her service or to be linked with any of them by any relationship of partnership or interest.

3. Have direct or indirect interest in the matter in question.

4. To be an intimate friend or enemy of one of the parties or of his lawyer or attorney.

5. To have been the witness convicted for false testimony.

2. The party proposing the witness may also cross it out if, after the proposal, the existence of any of the grounds for refusal laid down in the preceding paragraph becomes known to him.

Article 378. Cut time.

The crossover shall be made from the moment the evidence is admitted until the commencement of the trial or hearing, without prejudice to the obligation of witnesses to recognize any ground for cross-examination when questioned in accordance with Article 367 of this Law, in which case it may be acted upon in accordance with paragraph 2 of that Article.

Article 379. Test and opposition on the tachas.

1. With the allegation of the marks, the evidence may be proposed to justify them, except for the testimony.

2. If a witness has been crossed off, the other parties shall not object to it within the third day following its formulation, they shall be deemed to have recognized the basis for the cross-check. If they object, they will plead whatever they deem appropriate, being able to provide documents.

3. For the purposes of assessing the cross-reference and the assessment of the testimony, Articles 344(2) and 376 shall apply.

Article 380. Interrogation concerning the facts contained in written reports.

1. If, pursuant to Article 265 (1) (4), or at a later stage, under the third subparagraph of that provision, factual reports have been submitted to the case-files and these have not been recognized as true by all parties to whom they may harm, the authors of the reports shall be examined as witnesses, in the manner provided for in this Act, under the following special rules:

1.a The witness shall not be cross-referenced on the basis of interest in the case, where the report has been drawn up on behalf of one of the parties.

2. The author of the report, upon accreditation of his professional qualifications, shall recognize and ratify it in its content, before the relevant questions are put to him.

3.a Interrogation shall be limited to the facts set forth in the reports.

2. If the reports also contain assessments based on scientific, artistic, technical or practical knowledge of their authors, they shall be subject to the provisions of Article 370(4) on the witness-expert.

Article 381. Written replies from legal persons and public entities.

1. Where, on facts relevant to the proceedings, it is relevant that legal persons and public entities as such report, for referring such facts to their activity, without the knowledge of what is of interest to the proceedings being identified or identified in particular individuals, the party to whom this evidence is agreed may propose that the legal person or entity, at the request of the court, respond in writing to the facts in the ten days preceding the trial or hearing.

2. The statement of evidence referred to in the preceding paragraph shall state precisely the points on which the written declaration or report is to be made. The other parties may plead what they consider appropriate, and in particular if they wish to add other points to the request for a written declaration or to rectify or supplement those expressed by the proposer of the evidence.

The court, after hearing the parties, if any, shall decide on the relevance and usefulness of the proposal, determining precisely, where appropriate, the terms of the question or questions to be the subject of the statement of the legal person or entity and requiring it to make the statement and to refer it to the court at the time established, subject to a fine of 150 to 600 euros and to proceed, against whomever shall be personally responsible for the omission, for disobedience to the authority. The practice of this evidence shall not suspend the proceedings unless the judge deems it necessary to prevent the defencelessness of one or both parties.

Having received the written replies, the Lawyer of the Administration of Justice shall forward them to the parties for the purposes set out in the following paragraph.

3. In the light of the written replies, or of the refusal or omission of the written replies, the court may, on its own motion or at the request of either party, by order, be summoned to the trial or hearing, the natural person or persons whose testimony may be relevant and useful in clarifying or supplementing, if it is obscure or incomplete, the statement of the legal person or entity. It may also admit, at the request of a party, any relevant and useful evidence to contradict such a statement.

4. The provisions of the preceding paragraphs shall not apply to public entities where, in the case of facts of the nature set out in paragraph 1, certifications or evidence, which may be provided as documentary evidence, could be obtained from such documents.

5. The other rules of this Section shall apply as far as possible to the declarations covered by the preceding paragraphs.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The third subparagraph of paragraph 2 is amended by Article 15,168 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amounts referred to in paragraph 2 shall be converted into euros by Annex I to Royal Decree 1417/2001 of 17 December. Ref. BOE-A-2001-24625

Section 8.a On the reproduction of the word, sound and image and of the instruments that allow to archive and know data relevant to the process

Article 382. Filming, recording and similar instruments. Probative value.

1. The parties may propose as evidence the reproduction before the court of words, images and sounds captured by means of instruments of filming, recording and similar. When proposing this test, the party must accompany, where appropriate, a written transcript of the words contained in the support in question and which are relevant to the case.

2. The party proposing this means of proof may provide such opinions and instrumental evidence as it deems appropriate. The other parties may also provide opinions and evidence where they question the authenticity and accuracy of the reproduction.

3. The Court shall assess the reproductions referred to in paragraph 1 of this Article in accordance with the rules of sound criticism.

Paragraph 1 is amended by the sole article 45 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 383. Record of reproduction and custody of the relevant materials.

1. The relevant minutes shall be drawn up from the acts carried out pursuant to the preceding article, which shall be recorded as necessary for the identification of the films, recordings and reproductions carried out, as well as, where appropriate, the justifications and opinions provided or the evidence given.

2. The material containing the word, image or sound reproduced must be preserved by the lawyer or lawyer of the Administration of Justice, with reference to the orders of the trial, or, where appropriate, incorporated into the electronic judicial record, so that it does not suffer alterations.

Paragraph 2 is amended by Art. 103.66 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 1 is amended by Article 46 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15,169 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 384. From instruments that allow to archive, know or reproduce data relevant to the process.

1. Instruments that allow the filing, knowledge or reproduction of mathematical words, data, figures and operations carried out for accounting or other purposes, which, being relevant to the proceedings, have been admitted as evidence, shall be examined by the court by the means that the proposing party provides or that the court may use and so that the other parts of the proceedings may, with the same knowledge as the court, plead and propose what is appropriate to their right.

2. The provisions of Article 382(2) shall apply to the instruments referred to in the preceding paragraph. The documents in the present case shall be made in the manner most appropriate to the nature of the instrument, under the faith of the Counsel of the Administration of Justice, who shall, if necessary, also take such custody measures as may be necessary.

3. The court shall assess the instruments referred to in the first paragraph of this Article in accordance with the sound criticism rules applicable to those instruments according to their nature.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Section 9. Presumptions

Article 385. Legal presumptions.

1. The presumptions established by law dispense from the evidence of the alleged act to the party to whom this act favours.

Such presumptions shall be admissible only if the certainty of the fact indicates that the presumption is established by admission or evidence.

2. Where a presumption is established by law unless there is evidence to the contrary, it may be directed both to proving the absence of the alleged act and to demonstrating that there is, in the case in question, no link between the alleged act and the proven or admitted act underlying the presumption.

3. The presumptions established by law shall admit proof to the contrary, except in cases where it is expressly prohibited by law.

Article 386. Presumptions of justice.

1. On the basis of an admitted or proven fact, the court may assume the certainty, for the purposes of the proceedings, of another fact, if there is a precise and direct link between the admitted or proven and the alleged one according to the rules of the human criterion.

The judgement in which the preceding paragraph is applied must include the reasoning by which the court has established the presumption.

2. In the event of a possible formulation of a judicial presumption, the litigant injured by it may always take evidence contrary to the provisions of paragraph 2 of the preceding article.

CHAPTER VII

C. Incidental issues

Article 387. Definition of incidental issues.

It is incidental matters which, being different from those which constitute the main subject of the proceedings, are immediately related to the proceedings, as well as those arising from the budgets and procedural requirements of influence in the proceedings.

Article 388. General rule of procedure.

Any incidental matters which are not dealt with in this Act shall be dealt with in the manner set out in this chapter.

Article 389. Incidental issues requiring a separate ruling.

Incidental matters shall be of special determination if they require the court to decide on them separately in the judgement before deciding on what is the main subject of the lawsuit.

These matters shall not suspend the ordinary course of the proceedings.

Article 390. Incidental issues before the Committee. Suspension of course of action.

Where the questions are of a nature an obstacle to the continuation of the trial by their ordinary proceedings, the proceedings shall be suspended until they are resolved.

Article 391. Issues requiring a preliminary ruling: circumstances.

In addition to those expressly determined in the Act, incidental matters relating to:

1. To the capacity and representation of any of the litigants, for events occurring after the hearing regulated by articles 414 et seq.

2. In the absence of any other procedural budget or the appearance of an obstacle of the same nature, provided that they have occurred after the hearing provided for in the articles cited in the previous issue.

3. To any other incident that occurs during the trial and whose resolution is absolutely necessary, in fact or in law, to decide on the continuation of the trial by its ordinary proceedings or its termination.

Article 392. Approach to incidental issues. Inadmissibility of non-admissibility.

1. Incidental questions shall be raised in writing, accompanied by the relevant documents, and providing such evidence as may be necessary and indicating whether, in the opinion of the proposer, the normal course of proceedings should be suspended until the decision of the latter.

2. The court shall repel, by order, any question which is not found in any of the previous cases.

Article 393. Admission, substantiation and decision-making of incidental issues.

1. The ordinary proceedings shall not allow any incidental question to be raised after the commencement of the trial, and in the oral proceedings after the proposed evidence has been admitted.

2. A succinctly reasoned order admitting the approach to the question will decide whether to consider the case as a matter of prior or special determination, and the ordinary course of proceedings will be suspended in the first case.

3. The pleading of the Administration of Justice shall be transmitted to the other parties, who may reply as they deem appropriate within five days and, after that time limit, the Registrar shall, indicating day and time, summon the parties to appear before the Court, which shall be held in accordance with the provisions of the oral hearings.

4. If the case has been heard and the evidence which is admitted at the same hearing, if the matter is made public, shall be given within 10 days by ruling on the question and making any provision for the continuation of the proceedings.

If the matter is of special concern, it shall be settled, with due separation, in the final judgment.

5. Where the matter is settled by order, if the court agrees to terminate the proceedings, an appeal may be lodged, and if it decides to continue, there shall be no appeal, without prejudice to the possibility for the injured party to challenge the decision upon appeal of the final judgement.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.170 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

CHAPTER VIII

The judgment on costs

Article 394. Orders for costs at first instance.

1. In declaratory proceedings, the costs of the first instance shall be imposed on the party who has rejected all its claims, unless and when the court appreciates and so justifies, the case presented serious doubts in law or in fact.

In order to assess, for the purposes of the award of costs, that the case was legally doubtful, the case law which had been established in similar cases would be taken into account.

However, where participation in a means of conflict resolution is legally mandatory, or has been agreed upon, after the consent of the parties, by the judge, the judge or the court or the counsel of the Administration of Justice during the course of the proceedings, there shall be no award of costs in favour of that party who has expressly refused or for conclusive acts, and without just cause, to participate in an appropriate means of dispute settlement to which it has actually been summoned.

2. If the claim is partially assessed or dismissed, each party shall pay the costs incurred at its request and the costs shared in half, unless there is merit in imposing them on one of them for having pleaded recklessly.

However, if either party has failed, without cause justifying it, to seek an appropriate means of dispute settlement, if it is legally mandatory or has been agreed upon by the judge, the judge or the court or the counsel of the Administration of Justice during the proceedings, he may be ordered to pay the costs, in a duly reasoned decision, even if the estimate of the claim is partial.

3. Where, pursuant to paragraph 1, the costs of the successful litigant are charged, the late litigator shall be obliged to pay only a total amount of not more than one third of the amount of the proceedings for each litigants who have obtained such a ruling from the relevant party and other professionals who are not subject to tariff or tariff; for these purposes alone, the invaluable claims shall be valued at EUR 24,000, unless, due to the complexity of the case, the court provides otherwise.

The provisions of the preceding paragraph shall not apply where the court declares the litigant to be reckless and ordered to pay costs.

Where the defendant has the right to legal aid, he or she shall be obliged to pay the costs incurred in defence of the opposing party only in the cases expressly referred to in the Act 1/1996 of 10 January 1996Free Legal Aid. Where the party benefiting from the costs has the right to free legal aid, they shall be paid to the professional persons appointed for their representation and legal direction, who shall be obliged to pay back any amounts received from public funds for their intervention in the proceedings. For this purpose, the judicial office shall inform the relevant professional associations of this circumstance.

4. If the party required to initiate a preliminary negotiating activity aimed at preventing the judicial process has refused to intervene in the proceedings, the requesting party shall be exempted from the sentence at costs, unless an abuse of the public justice service is found.

5. Under no circumstances shall the costs be imposed on the Public Prosecutor ' s Office in the proceedings in which it intervenes as a party.

It is amended, with effect from 3 April 2025, by art. 22.27 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The amount referred to in paragraph 3 by Annex I to Royal Decree 1417/2001 of 17 December shall be converted to EUR. Ref. BOE-A-2001-24625

Article 395. Costs where the defendant accepts the claim.

1. If the defendant settles the claim before responding to it, the costs shall not be imposed unless the court, with due reason, appreciates bad faith in its conduct or abuse of the public justice service.

Bad faith for this purpose shall be understood to exist where, prior to the filing of the claim, the respondent had been required to perform the obligation in a reliable and justified manner, or had rejected the agreement offered or participation in an appropriate means of dispute settlement.

2. If the search occurs after the response to the complaint, paragraph 1 of the preceding Article shall apply.

3. If the defendant has failed, without cause justifying it, to seek an appropriate means of dispute settlement, when it is legally mandatory or has been agreed upon by the judge, the judge or the court or the legal counsel or the legal counsel of the Administration of Justice during the proceedings, and then the application is settled, the defendant shall be sentenced to costs, unless the court, in a duly reasoned decision, appreciates exceptional circumstances in order not to impose them.

Paragraph 1 is amended and Article 3 is added, with effect from 3 April 2025. 22.28 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by final provision 3.2 of Law 15/2015 of 2 July. Ref. BOE-A-2015-7391.

The second subparagraph of paragraph 1 is amended by final provision 3.9 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

The second subparagraph of paragraph 1 is amended by final provision 2.9 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Article 396. Costs where proceedings end through withdrawal.

1. If the proceedings are terminated by the dismissal of the actor, who is not to be consented to by the defendant, the defendant shall be sentenced to all costs.

2. If the withdrawal from the proceedings is granted by the defendant or defendants, none of the litigants shall be ordered to pay the costs.

Article 397. Costs appeal.

The provisions of article 394 shall apply to the second instance of the appeal challenging the conviction or failure to pay the costs of the first instance.

Article 398. Costs on appeal and appeal.

1. In the case of an appeal, as to the costs of the appeal, the provisions of article 394 shall apply.

2. The total rejection of the appeal shall entail the imposition of costs on the appellant unless the Chamber finds special circumstances justifying another decision.

3. If the appeal is fully or partially dismissed, no costs shall be imposed on either party.

It is amended by art. 103.67 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

TITLE II

From the ordinary trial

CHAPTER I

The original claims

Section 1.a: Application and its object

Article 399. The demand and its content.

1. The trial shall commence by application, in which, in accordance with article 155, the particulars and circumstances of identification of the actor and the defendant and the domicile or residence in which they may be placed, the facts and grounds of law shall be numbered and separated, and the request shall be clearly and precisely determined.

In addition, the plaintiff shall record a telephone number, electronic device, simple courier service or an e-mail address, if available, for the sole purpose of contact by the court.

In the event that they are persons who are obliged to interact electronically with the Administration of Justice, or who choose to do so despite not being obliged to do so, a telephone number and an email address shall necessarily be entered.

In addition, any of the means provided for in Article 162(1) shall be indicated, through which personal notifications, requirements or locations may be made, including, where appropriate, the acts of communication corresponding to the implementation procedure.

Acts of communication by means of such means shall be carried out in the form and with the guarantees provided for in Article 162 for their proper record.

2. The name and surname of the procurator and the lawyer shall be mentioned in conjunction with the appointment of the actor.

3. The facts shall be narrated in an orderly and clear manner in order to facilitate their admission or denial by the respondent in reply. In the same order and clarity, the documents, means and instruments provided in relation to the facts underlying the claims shall be expressed and, finally, assessments or reasoning shall be formulated on them, if they seem appropriate for the law of the litigant.

The application shall also include a description of the process of negotiation carried out or the impossibility thereof, as provided for in article 264, ordinal 4, and shall state, where appropriate, the documents justifying that an appropriate means of settlement of disputes has been found, except in the cases covered by the Act on this requirement of procedurality.

4. In addition to those relating to the substantive case, the legal bases shall include, with appropriate separation, allegations of the capacity of the parties, representation of the parties or of the prosecutor, jurisdiction, jurisdiction and type of trial in which the claim is to be heard, as well as any other facts on which the validity of the trial and the provenance of a judgement on the merits may depend.

5. In the petition, where several court decisions are sought, they shall be expressed with appropriate separation. Applications made in a subsidiary capacity, in the event that the principals are rejected, shall be recorded in their order and separately.

Paragraphs 1 and 3 are amended by Article 3 of April 2025. 22.29 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by Article 103.68 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 400. Preclusion of the allegation of facts and legal grounds.

1. Where the request in the application can be based on different facts or on different legal grounds or titles, it must be relied upon by those who are known or can be invoked at the time of filing, without it being admissible to reserve their claim for further proceedings.

The burden of the claim referred to in the preceding paragraph shall be without prejudice to the additional allegations or new or new facts permitted under this Law at a time after the claim and the reply.

2. In accordance with the provisions of the preceding paragraph, for the purposes of litispendence and res judicata, the facts and the legal bases invoked in a dispute shall be considered to be the same as those alleged in another previous trial if they could have been invoked in that case.

Article 401. Preclusive moment of stock accumulation. Objective and subjective expansion of demand.

1. The cumulation of shares will not be allowed after the claim has been answered.

2. Prior to the reply, the application may be extended to add up new actions to those already pursued or to address them against new respondents. In such a case, the time limit for responding to the application shall be counted again from the date of the transfer of the extension of the application.

Article 402. Opposition to stock accumulation.

The defendant may object in the defence to the alleged cumulation of the claim, if it does not conform to the provisions of articles 71 et seq. of this Law. This opposition will be resolved at the pre-trial hearing.

Article 403. Admission and exceptional cases of inadmissibility of the application.

1. Applications shall be inadmissible only in cases and for the reasons expressly provided for in this Act.

2. Applications shall not be admissible if documents expressly required by law for the admission of such documents are not accompanied by them, where the circumstances referred to in the second subparagraph of Article 399(3) are not recorded in cases where an appropriate means of dispute settlement has been sought because it is required by law as a requirement of procedurality or where the requirements, claims or appropriations required in special cases have not been made.

Paragraph 2 is amended with effect from 3 April 2025 by Art. 22.30 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by final provision 4.11 by Organic Law 7/2015, of 21 July. Ref. BOE-A-2015-8167.

Article 404. Admission of the application, placement of the defendant and time limit for the reply.

1. The Lawyer of the Administration of Justice, examined the application, shall issue a decree admitting the application and shall transmit it to the defendant for reply within twenty days.

2. The Court shall, however, be informed by the Legal Aid Officer of the Court of Justice in order to rule on admission in the following cases:

1. (1) when it considers that the Tribunal has no jurisdiction or jurisdiction; or

2. (2) where the application for damages suffered from formal defects and had not been remedied by the actor within the time limit granted for it by the Legal Aid Service.

3. In proceedings in which Articles 81 and 82 of the EC Treaty or Articles 1 and 2 of the Competition Act apply, the Lawyer of the Administration of Justice shall forward the decision to the National Competition Commission, admitting the application within the time limit provided for in the first subparagraph.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15,171 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The second paragraph is added by additional provision 2.4 of Law 15/2007 of 3 July. Ref. BOE-A-2007-12946

Section 2.a From Responsion to Claim and Counterclaim

Article 405. Answering and form of the response to the claim.

1. In the response to the application, which shall be drawn up in the manner provided for in article 399, the defendant must make the same undertaking as the applicant for the purpose of receiving notifications, requirements or personal locations directly from the judicial body, in the cases provided for by law or when acting without a procurator or prosecutor and provided that they are persons obliged to interact electronically with the Administration of Justice, and shall state the grounds for their opposition to the claims of the actor, on the grounds of any material exceptions which he may deem appropriate. If it considers the cumulation of actions inadmissible, it shall so state, stating the reasons for the inadmissibility. He may also declare in the reply his search of any or all of the actor's claims, as well as part of the sole claim made.

2. In the response to the complaint, the facts alleged by the actor must be refused or admitted. The court may consider the defendant ' s silence or evasive responses as tacit admission of the facts prejudicial to him.

3. The respondent must also invoke, in the defence to the claim, procedural defences and other arguments that highlight the absence of a valid continuation and termination of the proceedings by way of a judgement on the merits.

4. With regard to the remedying of any defects in the statement of defence, the provisions of the previous Article 2(2)(2) shall apply.

Paragraph 1 is amended by Article 103.69 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 4 is added by Art. 15,172 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 406. Content and form of counterclaim. Inadmissibility of counterclaim unrelated to claim and implied counterclaim.

1. In replying to the application, the defendant may, by counterclaim, make the claim or claims which he believes to be his responsibility vis-à-vis the plaintiff. Counterclaims shall be admissible only if there is a connection between their claims and those which are the subject of the main claim.

2. Counterclaims shall not be admissible if the court lacks objective jurisdiction on the grounds of the matter or the amount of the proceedings or if the action to be brought is to be tried in a different type or nature.

However, a counterclaim may be brought in respect of a related action which, on the basis of the amount, is to be heard in oral proceedings.

Similarly, if proceedings are being brought before a Court of First Instance and a counterclaim is brought against the principal jurisdiction of the Commercial Courts, after hearing the actor and other parties present for a period of five days, the Court of First Instance shall refrain from hearing the case, by referring the case to the competent Commercial Judge.

The same procedure shall apply where the defendant claims the invalidity referred to in Article 408(2) and the latter is based on a matter within the jurisdiction of the Commercial Courts.

An order refusing the counterclaim for lack of objective competence to hear the counterclaim may be appealed on appeal, with the main proceedings suspended until such appeal is resolved.

3. The counterclaim shall be proposed after the reply and shall be in accordance with the requirements of Article 399 for the claim. The counterclaim must clearly express the specific judicial protection that is sought with respect to the actor and, where appropriate, other subjects. In no case shall counterclaim be considered to have been formulated in the defendant's pleading which ends up by requesting its acquittal in respect of the claim or claims of the main claim.

4. The provisions of Article 400 shall apply to the counterclaim.

Paragraph 2 is amended by final provision 1.7 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Article 407. Addressees of counterclaim. Answer to counterclaim.

1. The counterclaim may also be directed against non-applicant subjects, provided that they may be considered voluntary or necessary litisconsorts of the person in question, as a result of their relationship with the object of the counterclaim.

2. The counterclaimer and the subjects referred to in the preceding paragraph may reply to the counterclaim within 20 days of notification of the counterclaim. This reply shall be in accordance with article 405.

Article 408. The procedural treatment of the claim for compensation and the nullity of the legal business in which the claim is founded. Judging thing.

1. If, in the case of the claim for conviction of payment of the amount of money, the defendant alleges the existence of compensable credit, that claim may be contested by the actor in the form provided for in the counterclaim, even if the defendant only sought his acquittal and not the sentence on the balance which might be in his favour.

2. If the defendant alleges in his defence facts determining the absolute nullity of the business on which the claim or claims of the actor is based and the claim has been presumed to have been valid, the actor may request the Legal Counsel of the Administration of Justice to respond to the said claim of invalidity within the same time limit set for the reply to the counterclaim, and so shall the Legal Counsel of the Administration of Justice by decree.

3. The judgment which is ultimately to be handed down shall be decided on the points referred to in the preceding paragraphs of this Article and the judgments which the judgment contains on those points shall have the force of res judicata.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 2 is amended by Art. 15,173 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 409. Substantiation and decision of the defence and counterclaim.

The defence sought by the defendant in the defence and, where appropriate, in the counterclaim shall be substantiated and settled at the same time and in the same manner as those which are the subject of the main claim.

Section 3.a On the effects of the pending proceedings

Article 410. Beginning of litispendence.

The litispendence, with all its procedural effects, occurs from the filing of the claim, if it is later admitted.

Article 411. Perpetuation of jurisdiction.

Any changes which may occur after the commencement of the proceedings as to the domicile of the parties, the situation of the disputed thing and the subject matter of the trial shall not alter the jurisdiction and jurisdiction, which shall be determined on the basis of what is established at the initial time of the litispendency.

Article 412. Prohibition of change of claim and admissible amendments.

1. The parties may not alter the proceedings in the application, in the defence and, where appropriate, in the counterclaim.

2. The provisions of the preceding paragraph shall be without prejudice to the power to make additional claims, as provided for in this Law.

Article 413. Influence of the change of circumstances on the merits. Extra-process satisfaction. Loss of legitimate interest.

1. The judgment shall not take into account innovations which, after the commencement of the trial, the parties or third parties introduce into the state of affairs or persons who have given rise to the claim and, where appropriate, counterclaim, unless the innovation definitively deprives of legitimate interest the claims which were deducted in the claim or counterclaim, because they were met extra-procedurally or for any other reason.

2. Where, as provided for in the preceding paragraph, the claims have been deprived of legitimate interest, the provisions of Article 22 shall apply.

CHAPTER II

From the pre-trial hearing

Article 414. Purpose, procedural moment and subjects involved in the hearing.

1. Once the application has been answered and, where appropriate, the counterclaim, or after the corresponding time limits, the lawyer or lawyer of the Administration of Justice shall, within the third day, call the parties to a hearing, which shall take place within twenty days of the summons.

The purpose of the hearing shall be to ensure that the parties are able to reach an agreement or settlement that would terminate the proceedings, to examine the procedural issues that might impede the proceedings and their termination by judgement on their subject matter, to determine precisely the subject matter and the extremes, in law or in fact, on which there is a dispute between the parties and, where appropriate, to propose and admit the evidence.

2. The parties must appear at the assisted hearing of counsel.

The parties and their procedural representatives shall appear by videoconference or by electronic means for the reproduction of the sound and, where appropriate, of the image, subject to the requirements of article 137 bis, where the court so agrees or at the request of any of the parties.

For the purpose of the settlement or settlement attempt, when the parties do not attend personally but through their solicitor or solicitor, they shall grant the latter or the latter power to renounce, to settle or to compromise. If they do not attend personally or grant that power, they will be deemed not to be present at the hearing.

3. If neither party attends the hearing, the record shall be drawn up and the court shall, without further formalities, issue an order for the dismissal of the proceedings, ordering the closing of the proceedings.

The proceedings will also be terminated if the hearing is only attended by the defendant and does not claim a legitimate interest in the continuation of the proceedings for a judgement on the merits. If the defendant does not attend, the hearing shall be with the actor as appropriate.

4. Where the plaintiff's counsel fails to attend the hearing, the proceedings shall be terminated unless the defendant alleges a legitimate interest in the continuation of the proceedings for a judgement on the merits. If the defendant's lawyer is missing, the hearing shall be followed with the plaintiff as appropriate.

Paragraph 1 is amended with effect from 3 April 2025 by Art. 22.31 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 2 is amended by Art. 103.70 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by final provision 3.10 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

Paragraph 1 is amended by final provision 2.10 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Paragraph 1 is amended by Article 15,174 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 415. An attempt to settle the dispute out of court. Dismissal for bilateral withdrawal. Approval and effectiveness of the agreement.

1. When the parties are heard, the court shall declare the act open and shall determine whether the dispute between the parties remains.

If they declare that they have reached an agreement or are willing to conclude it immediately, they may withdraw from the proceedings or request the court to approve the agreement.

The parties by common agreement may also request the suspension of the proceedings in accordance with article 19.4, in order to submit themselves to an appropriate means of dispute settlement.

In this case, the court shall first examine whether the requirements of legal capacity and the power of disposition of the parties or their duly accredited representatives attending the act are met.

2. The judicially approved agreement shall have the effect attributed by law to the judicial transaction and may be implemented by the procedures provided for the execution of judicially approved judgements and agreements. Such an agreement may be challenged in the cases and in the form provided for in the judicial transaction.

3. If the parties have not reached an agreement or are unwilling to conclude it immediately, the hearing shall continue as provided for in the following articles. Where the process of resorting to an appropriate means of dispute settlement has been suspended, the activity is terminated, either party may request that the suspension be lifted and the date for the continuation of the hearing be indicated.

It is amended, with effect from 3 April 2025, by art. 22.32 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by Article 47 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraphs 1 and 3 are amended by final provision 3.11 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

Paragraphs 1 and 3 are amended by final provision 2.11 of Royal Decree-Law 5/2012 of 5 March. Ref. BOE-A-2012-3152.

Article 416. Consideration and resolution of procedural matters, excluding those relating to jurisdiction and jurisdiction.

1. Discarded from the agreement between the parties, the court shall decide, as provided for in the following articles, on any circumstances which may prevent the successful continuation and termination of the proceedings by judgement on the merits, and in particular on the following:

1.a Lack of capacity of litigants or of representation in their various classes;

2nd Thing tried or litispendence;

3.a Lack of due litisconsortium;

4th Inadequate procedure;

5.a Legal defect in the manner of proposing the claim or, where appropriate, counterclaim, due to lack of clarity or precision in the determination of the parties or of the claim to be deducted.

2. At the hearing, the defendant may not challenge the lack of jurisdiction or jurisdiction of the court, which he had to propose in the form of a decline in accordance with the provisions of articles 63 et seq. of this Law.

The provisions of the preceding paragraph are without prejudice to the provisions of the law on the assessment by the court, on its own initiative, of its lack of jurisdiction or jurisdiction.

Article 417. Order to examine and decide on procedural matters.

1. Where the hearing is about several of the circumstances referred to in the preceding article, it shall be examined and resolved in the order in which they appear in the following articles.

2. Where more than one of the issues and circumstances of the preceding article is the subject of the hearing, the court shall, within five days of the hearing, rule in one order on all the questions raised which, pursuant to the following articles, do not resolve orally at the same hearing.

Article 418. Capacity or representation defects. Effects of non-resortment or correction. Declaration of rebellion.

1. Where the respondent has argued in the reply or the actor claims defects in capacity or representation at the hearing, which may be remedyable or subject to correction, they may be corrected or corrected at the hearing and, if this is not possible at that time, a period of not more than 10 days shall be granted for this purpose, with suspension of the hearing in the meantime.

2. Where the defect or fault is not preventable or correctable or is not remedied or corrected within the time limit granted, the hearing shall be terminated and an order shall be issued terminating the proceedings, except as provided in the following paragraph of this provision.

3. If the unreached defect affects the personation in the form of the defendant, the defendant shall be declared in absentia, without any record of the proceedings he has carried out.

Article 419. Admission of stock accumulation.

Once the questions of capacity and representation have been raised and settled, if various actions have been joined in the application and the respondent in his defence has objected to the cumulation, the court, hearing the actor at the same hearing in advance, shall decide orally on the origin and admissibility of the cumulation. The hearing and the proceedings shall continue with respect to the action or actions which, according to the judicial decision, may constitute the object of the proceedings.

Article 420. Possible voluntary integration of the litis. Resolution in controversial cases of necessary litisconsortium.

1. Where the respondent has argued in the response that the litisconsortium is not due, the actor may, at the hearing, submit, with copies thereof, written to the subjects whom the respondent considers to be his litisconsorts, and the court, if it considers the litisconsortium appropriate, shall so declare, ordering the new defendants to be placed to respond to the claim, with suspension of the hearing.

The applicant may, in referring the claim to the litisconsorts, only add to the arguments of the original claim those essential to justify the claims against the new defendants, without substantially altering the cause of the request.

2. If the actor objects to the lack of litisconsortium, which is alleged by the defendant, the court shall hear the parties on this point and, where the difficulty or complexity of the case so advises, may decide by order to be delivered within five days of the hearing. In any event, it must continue for its other purposes.

3. If the court understands the litisconsortium to be appropriate, it shall grant the actor such time limit as it deems appropriate to constitute it, which may not be less than 10 days. New defendants may respond to the claim within the time limit set out in article 404, pending the initial proceedings for the plaintiff and the defendant.

4. After the time allowed to the actor to constitute the litisconsortium without having provided copies of the application and documents annexed thereto, addressed to new respondents, the proceedings will be terminated by order and the proceedings will be definitively closed.

Paragraph 4 is amended by Article 15,175 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 421. Resolution in cases of litispendence or res judicata.

1. Where the court appreciates the delay of another trial or the existence of a final decision on the same subject matter, in accordance with Article 222(2) and (3), it shall terminate the hearing and issue an order for dismissal within the next five days.

However, the proceedings shall not be terminated if, pursuant to article 222 (4), the effect of a previous final judgement is to be binding on the court hearing the subsequent proceedings.

2. If the court considers that the trial is non-existent, it shall, on the basis of reasons, declare it in the proceedings and decide that the hearing shall continue for its remaining purposes.

3. By way of derogation from the preceding paragraphs, where the difficulty or complexity of the questions raised concerning lis pendency or res judicata so advises, it may also decide on those questions by order within five days of the hearing, which shall in any event continue for its remaining purposes. If it is necessary to rule on any question of fact, the appropriate proceedings, which shall be ordered by the court, shall be conducted within the above time limit.

Article 422. Decision in cases of inadequate procedure on the basis of the amount.

1. If the allegation of inappropriate procedure formulated in the defence to the claim is based on disagreement with the value of the disputed thing or with the manner of calculating, according to the legal rules, the economic interest of the claim, the court shall hear the parties to the hearing and shall decide in the event, subject, where appropriate, to the agreement to which the parties may agree with respect to the value of the disputed thing.

2. If there is no agreement on the value of the disputed thing, the court, at the same hearing, shall decide orally, in a reasoned manner, as appropriate, taking into account the documents, reports and any other useful elements for calculating the value, which the parties have provided.

If it is necessary to follow the proceedings of the oral trial, the judge shall terminate the hearing, and the date for the hearing of the oral trial shall be indicated, unless the application is filed outside the period of expiry specified by law. In this case, the judge shall declare the proceedings dismissed.

Whenever the statement can be made in the same act, it shall be made by the Judge, taking into account the needs of the scheduled agenda of statements and the other circumstances contained in Article 182.4.

In the remaining cases, the date shall be fixed by the Legal Counsel of the Administration of Justice, as provided for in Article 182.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The second subparagraph of paragraph 2 is amended by Article 15,176 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 423. Resolution in cases of procedural inadequacy on the ground of the matter.

1. Where the allegation of inappropriate procedure is based on the failure to correspond to the subject matter of the proceedings, the court, after hearing the parties to the hearing, may decide on the merits of the case on the basis of the facts and if it considers the allegation to be unfounded, the hearing shall continue for its other purposes.

2. The court may also, if the complexity of the case so advises, decide what is appropriate in the proceedings to be followed, within five days of the hearing, which shall in any event continue for its remaining purposes.

3. If the appropriate procedure is that of the oral trial, the statement of the oral trial shall provide that the Counsel of the Administration of Justice shall summon the parties to the hearing, unless the application appears outside the period of expiry which, on the grounds of the matter, is established by law. In this case, the proceedings shall be declared dismissed.

The Court shall also order the dismissal of proceedings if, at the beginning of the hearing, the special requirements required by law, on the ground of the matter, for the admission of the application, are not met.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 3 is amended by Art. 15.177 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 424. Activity and resolution in case of defective demand.

1. If the defendant alleges in the defence to the claim the lack of clarity or precision of the defence in the determination of the parties or in the claims referred to, or if the actor alleges in the hearing the same defects in the defence or counterclaim, or if, on his own initiative, the court evaluates either, it shall admit at the hearing the necessary clarifications or clarifications.

2. In the absence of clarification and clarification, the court shall order the dismissal of the case only if it is not at all possible to determine what the claims of the actor or, where applicable, the defendant in the counterclaim, or which legal subjects are made.

Drafted paragraph 2 in accordance with the correction of errors published in BOE No. 90 of 14 April 2000. Ref. BOE-A-2000-7052

Article 425. Judicial decision in cases of procedural circumstances similar to those expressly provided for.

The determination of the circumstances alleged or disclosed ex officio, which are not covered by Article 416, shall be in accordance with the rules laid down in these provisions for similar ones.

Article 426. Additional and clarifying arguments. Additional requests. Facts that occurred or were known after the claim and the reply. Submission of documents on these points.

1. At the hearing, litigants, without substantially altering their claims or the grounds for them set out in their pleadings, may make additional arguments in relation to the contrary.

2. The parties may also clarify the claims they have made and rectify secondary points of their claims, provided that they do not alter the grounds or the grounds.

3. If a party intends to add any ancillary or complementary request to those made in its pleadings, such addition shall be permitted if the opposing party is satisfied. If it objects, the court shall decide on the admissibility of the addition, which it shall agree only when it considers that its approach at the hearing does not prevent the opposing party from exercising its right of defence on an equal basis.

4. If, after the application or the defence, any relevant facts arise to substantiate the claims of the parties to the suit, or if any of the above-mentioned parties have come to the notice of the parties, they may plead it at the hearing.

Article 286(4) shall apply to the new or new claim.

5. At the hearing, the parties may submit documents and opinions which are justified by the additional allegations, corrections, petitions, additions and new facts referred to in the preceding paragraphs of this Article.

The presentation of these documents shall be subject to the provisions of articles 267 and 268 of this Act, according to their classes.

6. The court may also require the parties to make the necessary clarifications or clarifications with respect to the facts and arguments contained in their pleadings of claim or defence. If such clarifications or clarifications are not made, the court shall advise them that they may be held to be in conformity with the facts and arguments put forward to the contrary.

Article 427. Position of the parties before the documents and opinions submitted.

1. At the hearing, each party shall decide on the documents provided to the contrary up to that point, stating whether it admits or contests or recognizes them or whether, where appropriate, it proposes proof of their authenticity.

2. The parties, if any, shall express what is in their right regarding expert opinions submitted up to that time, admitting them, contradicting them or proposing that they be extended to the ends they determine. They shall also give their opinion on the reports which have been submitted under Article 265(5) or (5).

3. If the claims or claims referred to in the first three paragraphs of Article 426 raise in either or any of the parties the need to provide an expert opinion to the proceedings, they may do so within the time limit laid down in Article 338(2).

4. In the same case as in the previous paragraph, the parties attending the hearing, instead of giving an opinion from the expert whom they freely designate, may, at the same hearing, request the appointment by the court of an expert who gives his opinion. This request shall be resolved in accordance with Section 5a of Chapter VI of Title I of Book II of this Law.

Article 428. Determination of the facts at issue and possible immediate sentencing.

1. Where appropriate, the hearing shall continue so that the parties or their defence counsel, with the court, may determine the facts on which the litigants are in agreement and disagree.

2. In view of the subject matter of the dispute, the court may call upon the parties or their representatives and their lawyers to reach an agreement to terminate the dispute. Where appropriate, the provisions of article 415 of this Act shall apply to the agreement.

3. If the parties do not terminate the dispute by agreement, in accordance with the preceding subparagraph, but are in conformity with all the facts and the discrepancy is reduced to a question or legal matter, the court shall render judgment within twenty days of the end of the hearing.

Article 429. Proposition and admission of evidence. Point of view of the trial.

1. If there is no agreement between the parties to conclude the dispute or if there is no agreement on the facts, the hearing shall continue for the purpose of proposing and admitting evidence.

The evidence shall be presented orally, without prejudice to the obligation of the parties to contribute to the detailed written act of the hearing, and may be completed during the hearing. Failure to submit such a document shall not result in the non-admissibility of the evidence, which shall be subject to submission within the following two days.

Where the court considers that the evidence proposed by the parties may prove insufficient for the clarification of the facts at issue, it shall make it clear to the parties indicating the fact or facts which, in their view, might be affected by the evidentiary inadequacy. In making such a statement, the court, in accordance with the evidence the existence of which results from the evidence, may also indicate evidence or evidence the practice of which it considers appropriate.

In the case referred to in the preceding paragraph, the parties may complete or modify their evidence proposals in the light of the evidence provided by the court.

2. Once the relevant and useful evidence has been admitted, the date of the trial shall be indicated and shall be held within one month of the conclusion of the hearing. Provided that the statement can be made in the same act, it shall be made by the judge, taking into account the needs of the scheduled agenda of statements and the other circumstances contained in article 182.4. In the remaining cases, the date shall be fixed by the lawyer of the Administration of Justice, as provided for in Article 182.

If the power provided for in article 19.5 is exercised and all parties agree to the referral, it shall be agreed by an order which may be made orally.

The negotiating activity shall be conducted during the period between the end of the previous hearing and the date indicated for the trial. However, if, 15 days before the date of the date of the date of the date of the application, all the parties state that it is appropriate to extend the period of time for a single period of time and for a specified period, the lawyer or lawyer of the Administration of Justice shall set a new date for the conclusion of the trial.

If an agreement has been reached between the parties, the parties must inform the court to order the closure of the proceedings, without prejudice to prior application for judicial approval.

If the procedure followed for reaching the agreement is a conciliation before a notary or registrar, it shall be established by means of the registration or certification, without requiring judicial approval.

3. At the request of a party, where all or a large part of the evidence is to be produced outside the place where the court hearing the case is located, the Court may agree that the trial shall be brought by the Office of the Judge for trial within two months.

4. Evidence not to be used at the trial shall be carried out prior to the trial.

5. The parties must indicate which witnesses and experts undertake to present at the trial and which, on the contrary, must be summoned by the court. The summons will be agreed at the hearing and will be conducted well in advance.

The parties should also indicate what statements and interrogations they consider to be made through judicial assistance. The court shall decide what is appropriate in this regard and, if it deems it necessary to seek judicial assistance, shall agree on the referral of the appropriate summons, giving the parties a period of three days for them to submit, where necessary, a list of questions. In any case, failure to comply with such exhortations shall not suspend the act of the trial.

6. It will not be necessary to summon for trial those parties who, by themselves or through their solicitor, have appeared at the previous hearing.

7. Where, on an exceptional and reasoned basis, and on the basis of the evidence admitted, it is expected that the trial may not end in a single session within the given day, the summons shall so state, indicating whether the subsequent session or sessions shall be held on the day or days immediately thereafter or on other days, to be indicated by the Counsel of the Administration of Justice, with expression in any case of the time at which the trial sessions shall commence.

8. Where the only evidence that is admissible is that of documents, and such documents have already been provided to the trial without being challenged, or where expert reports have been submitted, and neither the parties nor the court request the presence of experts at the trial for the purpose of ratifying their report, the court shall, without prior trial, issue a judgement within twenty days of the end of the hearing.

Paragraph 2 is amended with effect from 3 April 2025 by Art. 22.33 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraph 1 is amended by Article the sole Article, point 48 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 2, 3 and 7 are amended by Art. 15.178 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 430. Request for re-marking of the trial.

If any person who is to attend the trial cannot attend the trial on the basis of force majeure or other similar grounds, he may request a further statement of the trial. This application shall be substantiated and decided in accordance with Article 183.

CHAPTER III

From trial

Article 431. Purpose of the trial.

The trial shall be aimed at the practice of evidence of the parties ' statements, testimony, oral and adversarial expert reports, judicial recognition where appropriate and reproduction of words, images and sounds. Also, once the evidence has been obtained, the trial will draw conclusions on the evidence.

Article 432. Appearance and non-appearance of the parties.

1. Without prejudice to personal intervention in the interrogation that has been admitted, the parties shall appear at the trial represented by the procurator and assisted by counsel.

The parties and their procedural representatives shall appear by videoconference or by electronic means for the reproduction of sound and, where appropriate, of the image, when the court so agrees or at the request of any of them, and the requirements of article 137 bis are met.

2. If neither party does appear at the trial, the record shall be drawn up and the court shall, without further formalities, declare the case for judgment. If only one of the parties appears, the trial shall be conducted.

Paragraph 1 is amended by Article 103.71 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 433. Conduct of the trial.

1. The trial shall begin with the evidence admitted, in accordance with articles 299 et seq., but if the infringement of fundamental rights in the obtaining or origin of any evidence has been or has been raised, it shall first be decided on this question.

Similarly, in the event of the alleged or alleged events that occurred or known after the previous hearing, the parties shall be heard and the evidence provided for in Article 286 shall be proposed and admitted.

2. After the evidence has been obtained, the parties shall make their oral conclusions on the facts at issue, stating in an orderly, clear and concise manner whether, in their view, the relevant facts have been or should be considered admissible and, where appropriate, proved or uncertain.

To this end, they shall give a brief summary of each of the evidences carried out on those facts, with a detailed reference, where appropriate, to the case-law. If they understand that any fact must be taken for granted by reason of presumption, they shall so state, on the basis of their judgement. They may also plead what results from the burden of proof on the facts of which they are doubtful.

With regard to the outcome of the evidence and the application of the rules on presumptions and burden of proof, each party shall begin by referring to the facts adduced in support of its claims and shall continue with respect to the facts adduced by the opposing party.

3. In view of its findings on the facts at issue, each party may report on the legal arguments on which its claims are based, which may not be altered at that time.

4. If the court does not consider itself sufficiently enlightened about the case with the conclusions and reports provided for in the preceding paragraphs, it may give the parties the floor as many times as it deems necessary to report on the issues referred to them.

Drafted the third subparagraph of paragraph 2 in accordance with the correction of errors published in BOE No. 90 of 14 April 2000. Ref. BOE-A-2000-7052

CHAPTER IV

Judgment

Article 434. Judgment.

1. The sentence shall be delivered within 20 days of the completion of the trial.

2. If, within the time limit for the delivery of a judgment and as provided for in the following articles, final proceedings are taken, the time limit for the delivery of the judgement shall be suspended.

3. The time limit for issuing a judgment in proceedings concerning the application of Articles 81 and 82 of the Treaty on European Community or Articles 1 and 2 of the Law on the Defence of Competition may be suspended where the court is aware of the existence of an administrative file with the European Commission, the National Competition Commission or the competent bodies of the Autonomous Communities and it is necessary to hear the decision of the administrative body. Such suspension shall be adopted on a reasoned basis, after hearing the parties, and shall be notified to the administrative body. The latter, in turn, must pass on its decision to the court.

An order for suspension of proceedings shall be appealed only against.

Paragraph 3 is added by additional provision 2.5 of Law 15/2007 of 3 July. Ref. BOE-A-2007-12946

Article 435. Final diligence. Provenance.

1. Only on the application of a party may the court agree, by order, as final proceedings, to the conduct of a trial, in accordance with the following rules:

1.a Evidence which could have been proposed in time and form by the parties, including evidence which could have been proposed after the court's statement referred to in Article 429(1), shall not be used as final proceedings.

2.a. Where, for reasons beyond the jurisdiction of the party who proposed it, no evidence has been obtained.

3.a The relevant and useful evidence relating to new or new facts provided for in article 286 shall also be admitted and carried out.

2. Exceptionally, the court may, on its own initiative or at the request of a party, agree to re-produce evidence on relevant facts, in a timely manner, if the previous acts of evidence have not been conducted in a manner conducive to circumstances which have already disappeared and are independent of the will and diligence of the parties, provided there are reasonable grounds for believing that the new proceedings will allow certainty to be gained as to those facts.

In this case, the order in which the procedure is agreed shall state in detail those circumstances and reasons.

Article 436. Deadline for final proceedings. Judgment later.

1. Proceedings to be agreed in accordance with the provisions of the preceding articles shall be carried out, within twenty days and on the date indicated for that purpose, if necessary, by the Legal Aid Service, in the manner laid down in this law for the purposes of evidence of its kind. Once practiced, the parties may, within the fifth day, submit a written summary of the result and assess it.

2. The time limit for issuing a judgment shall be re-counted when the time limit for submitting the letter referred to in the preceding paragraph has elapsed.

Paragraph 2 is amended by Art. 103.72 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.179 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

TITLE III

From the Verbal Trial

Article 437. Form of the lawsuit. Objective and subjective accumulation of actions.

1. The oral trial shall begin on demand, with the content and form of the ordinary trial, and the provisions of that trial concerning the preclusion of allegations and lispendence shall apply.

2. However, in oral proceedings in which counsel and procurator are not represented, the plaintiff may make a brief claim, which shall contain the particulars and circumstances of identification of the actor and the defendant and the domicile or addresses in which they may be summoned, and shall set out clearly and precisely what is requested, specifying the fundamental facts on which the request is based.

To that end, standard forms may be completed and made available to the competent judicial body or to the electronic court.

3. If the request for eviction of the urban estate for failure to pay the rent or amounts due to the lessor, or for the legal or contractual expiration of the time limit, the plaintiff may announce in the claim that he undertakes to forgive the lessee all or part of the debt and the costs, with the expression of the specific amount, subject to the voluntary eviction of the property within the period specified by the lessor, which may not be less than the fifteen-day period after the notification of the claim. It may also take an interest in the application for execution of the launch at the date and time fixed by the court for the purposes referred to in Article 549(3).

3 bis. Where a claim is made for the recovery of the possession of a dwelling or part thereof referred to in the second subparagraph of Article 250(4)(1), the claim may be addressed generically against the unknown occupants of the dwelling, without prejudice to the notification of that dwelling to the person in question who is in the building at the time of making such notification. The application must be accompanied by the title on which the actor bases his right to own.

4. The objective cumulation of actions shall not be permitted in oral proceedings, except for the following exceptions:

1.a The accumulation of actions based on the same facts, provided that oral judgment is appropriate in any case.

2.a The cumulation of the action for damages to another action for a preliminary ruling.

3.a The cumulation of shares in claims for expired and unpaid rents or similar amounts, in the case of eviction proceedings for failure to pay or for legal or contractual expiration of the time limit, irrespective of the amount claimed. Likewise, actions against the guarantor or guarantor of solidarity may also be joined upon a request for payment not satisfied.

4.a In separation, divorce or nullity proceedings and in proceedings for the civil effectiveness of ecclesiastical decisions or decisions, either spouse may simultaneously exercise the act of division of the common thing in respect of property held in an undivided ordinary community. If there are various assets in the ordinary undivided community and one of the spouses requests it, the court may consider them together for the purpose of forming or awarding lots.

5. Actions against multiple or multiple subjects against one may be joined provided that the requirements of Articles 72 and 73(1) are met.

Paragraph 2 is amended by Art. 103.73 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 3a is added by Article 3 of Law 5/2018 of 11 June. Ref. BOE-A-2018-7833

It is amended by article 49 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 2 is amended by Art. 1.3 of Law 4/2011 of 24 March. Ref. BOE-A-2011-5392.

Paragraph 3 is amended by Art. 2.11 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Paragraph 3 is added by final provision 3.5 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

The amount referred to in paragraph 2 by Annex I to Royal Decree 1417/2001 of 17 December shall be converted to EUR. Ref. BOE-A-2001-24625

Article 438. Admission of the claim and response. Reconvention.

1. The lawyer or lawyer of the Administration of Justice, examined the application, shall admit it by decree or report it to the court in the cases of article 404 to decide what is appropriate. If the application is admitted, the defendant shall be transferred to the defendant for a written reply within 10 days in accordance with the provisions for the ordinary trial. If the defendant fails to appear within the time limit granted, he shall be declared in default in accordance with article 496.

In cases where it is possible to act without a lawyer or a procurator, this shall be indicated in the admission decree and the defendant shall be informed that standard forms or forms are available to him or her in the relevant judicial body or in the electronic court office, which he or she may use for the purpose of responding to the complaint.

2. In no case shall counterclaim be allowed in oral trials which, according to the law, must end by sentence without the effect of res judicata.

In other oral proceedings, counterclaims shall be admissible provided that they do not determine the improcedness of the oral judgment and there is a connection between the claims of counterclaim and those that are the subject of the main claim. If the counterclaim is accepted, it shall be governed by the rules laid down in the ordinary trial, except for the period of 10 days for its reply.

3. The defendant may object to the defence, subject to the provisions of article 408, to a compensable claim. If the amount of such claim exceeds that determined by the oral trial, the court shall not have such a claim made at the hearing, thereby warning the respondent to use his or her right before the court and the appropriate procedures.

4. In the cases referred to in paragraph 7 of Article 250 (1), the defendant shall be advised that, if he fails to reply, a judgement shall be handed down according to the proceedings which, for the purposes of the application of the right registered, the actor has applied for. The defendant shall also be advised, where appropriate, that the same judgment shall be delivered if he answers, but does not provide security, in any of the forms provided for in the second subparagraph of Article 64(2), to the extent determined by the court, after hearing him, within the amount requested by the actor.

5. In cases where the claim for eviction is made for failure to pay rent or due amounts, whether or not the claim for a conviction for the payment of such benefits is accumulated, the lawyer or lawyer of the Administration of Justice, after admission, and prior to the hearing indicated, shall require the defendant to evict the property within 10 days, pay the actor or, if he claims to be incapacitated, pay the full amount of what he or she owes or makes available to the court or notarly the amount of the amounts claimed in the claim and the amount owed at the time of such payment, or in another case, to appear before the court and submit a brief statement of opposition to the reasons why, in his or her view, he or she should not, in whole or in part, the amount claimed or the circumstances relating to the origin of the deprivation of service.

If the applicant has expressed in his application that he is taking up the undertaking referred to in Article 437(3), it shall be made clear to him in the application, and acceptance of this undertaking shall be tantamount to a search within the meaning of Article 21.

In addition, the request shall indicate the day and time indicated for the possible hearing in the event of the complaint being opposed, for which it shall serve as a summons, and the exact day and time for the practice of the launch in the event of no opposition. It shall also be stated that in the event of a request for free legal aid, the defendant must do so within three days of the practice of the request, and that the failure to object to the request shall entail the provision of his consent to the termination of the lease agreement that binds him to the lessor.

The order shall be made in the manner provided for in Article 161, taking into account the provisions of Articles 155(3) and 164 last subparagraph, and warning the defendant that, in the absence of any of the above-mentioned proceedings, it shall be immediately launched, without subsequent notification, as well as the other points covered by the following paragraph of that article.

If the defendant does not comply with the order for payment or fails to appear to object or to make a search, the lawyer or lawyer of the Administration of Justice shall issue a decree terminating the eviction trial and shall be launched on the scheduled day and time.

If the defendant hears the request regarding the eviction of the property without objecting or paying the amount claimed, the lawyer or lawyer of the Administration of Justice shall record it, and shall issue a decree terminating the proceedings, and shall terminate the launching procedure, unless the applicant is interested in its maintenance in order to record the state in which the estate is located, by forwarding the applicant to the requesting party for the execution of the claim, and sufficient for that purpose the request is made.

In the two previous cases, the decree terminating the eviction trial will impose the costs on the defendant and will include the income due after the filing of the claim until the actual possession of the property is delivered, taking as the basis for the settlement of future income the amount of the last monthly claim at the time of filing the claim. If the defendant objects, the hearing shall be held on the date indicated.

6. In all cases of eviction, the defendant shall also be advised in the order that, if he is not heard, the eviction shall be declared without further formalities and that he shall be summoned to receive the notification of the judgment given on the sixth day following the date indicated for the hearing, either in person or through electronic premises. Similarly, the decision of the defendant on the contrary shall set the exact date and time for the launch, if any, to take place, which shall be verified within thirty days of the date indicated for the hearing, warning the defendant that, if the sentence is a conviction and is not appealed, it shall be launched on the scheduled day and time, without the need for subsequent notification.

In all cases of eviction and in all decrees or judicial decisions aimed at marking the launch, regardless of whether it has been attempted earlier, the exact date and time at which the launch will take place should be included.

7. In the case of a case of recovery of the possession of a dwelling referred to in the second subparagraph of Article 250(4), if the defendant or defendants fail to respond to the party in the legal time limit provided for, a judgment shall be delivered immediately. The judgment in which the claim is based shall enable it to be executed, at the request of the applicant, without the need for the 20-day period provided for in Article 548 to elapse.

8. The application shall be answered and, where appropriate, counterclaim or counterclaim, or after the appropriate time limits have elapsed, the lawyer or lawyer of the Administration of Justice shall order the application by agreeing to forward the statement of defence to the applicant and by granting to both parties a common time limit of five days in order to propose the evidence they wish to perform, and shall also indicate those persons who, because they cannot submit themselves, must be summoned by the lawyer or the lawyer of the Administration of Justice at the hearing to declare as a party, witnesses or experts, to which end they shall provide all the data and circumstances necessary to carry out the summons. Within the same five-day period, the parties may request written replies from legal persons or public entities for the procedures set out in article 381. Where either party has announced the submission of expert evidence pursuant to Article 337(1), that five-day period shall begin to run from the date on which the said opinion is taken into account or the time limit for its submission has elapsed.

Within the same five-day period, the acting party may make the appropriate arguments with respect to procedural defences raised by the respondent in his defence which may prevent the successful continuation and termination of the proceedings by way of a judgement on the merits.

9. Within three days of the transfer of the statement of evidence, the parties may, where appropriate, submit the challenges referred to in Articles 280, 283, 287 and 427.

10. After the period referred to in the preceding paragraph, the court shall rule by order on the challenge of the amount of the case if the procedural defences raised have occurred, on the admission of the proposed evidence and on the relevance of the hearing, agreeing, if it is not considered necessary, that the case may be completed in order to render a judgment.

This order may be subject to an appeal for a replacement, which shall have suspensive effect.

Where the only evidence that is admitted is that of documents, and such documents have already been provided to the trial without being challenged, or where expert reports have been submitted and the court has not considered the presence of experts relevant or useful at the trial, a judgement shall be rendered without prior hearing.

Paragraph 8 is amended and paragraphs 9 and 10 are added, with effect from 3 April 2025, by Art. 22.34 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraphs 1 and 4 are amended and paragraphs 5 to 8 are added by Article 103.74 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by the sole article 50 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Please note that references to "Judicial Secretary" should be understood as being made to "Letter of the Administration of Justice" in accordance with additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

An exception 4 is added to paragraph 3 by final provision 3.12 of Law 5/2012 of 6 July. Ref. BOE-A-2009-18733.

Paragraph 3 is amended by Art. 2.12 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Paragraph 3 is amended by final provision 3.6 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

The amount referred to in paragraph 3(3) by Annex II to Royal Decree 1417/2001 of 17 December shall be converted to euros. Ref. BOE-A-2001-24625

Article 438 bis. Witness procedure.

1. In the case of the claims referred to in Article 250.1.14.o, without prejudice to the first paragraph of Article 438.1, the lawyer or lawyer of the Administration of Justice shall, before the application is admitted, inform the court where he considers that the application includes claims which are the subject of previous proceedings brought by other litigants, that there is no need to monitor the transparency of the clause or to assess the existence of defects in the consent of the contracting party and that the general conditions of procurement in question have a substantial identity.

The acting party and the defendant may request in their statement of claim and defence that the procedure be subject to the regulation of this article, provided that the requirements referred to in the preceding paragraph are met.

2. Given and examined the case, the court shall issue an order agreeing to stay the proceedings until a final judgement is rendered in the proceedings identified as a witness or, where appropriate, shall issue an order agreeing to proceed with the proceedings. If the order has been issued by agreement of the suspension, a copy of the proceedings in the witness proceedings shall be transmitted together with the notification of the order and, in the opinion of the court, the circumstances set out in paragraph 1 shall be assessed, together with the proceedings of the proceedings. The copies and testimony shall be issued in accordance with the provisions of the Article 236 quinquies of Organic Law 6/1985 of 1 July, of the Judiciary.

The witness procedure shall be conducted on a preferential basis.

An appeal against the order by agreeing to stay shall be preferred and urgent.

3. Once the judgement rendered in the witness proceedings has become final, the court shall issue an order indicating whether it considers appropriate the continuation of the suspended proceedings instituted, whether or not all the issues raised in the witness proceedings have been resolved, relating those it considers to be unresolved and transferring the suspended proceedings to the applicant for application within five days:

(a) Withdrawal of claims.

(b) The continuation of the suspended procedure, indicating the reasons or claims which, in his view, should be resolved.

(c) The extent of the effect of the judgement rendered in the witness proceedings.

4. In the event of withdrawal, the lawyer or lawyer of the Administration of Justice shall issue a decree agreeing on the same, without a sentence on costs.

5. In the event that the continuation is urged, the lawyer of the Administration of Justice shall lift the suspension and agree to continue the proceedings as the applicant maintains in accordance with paragraph 3.b). In such cases, where the court has expressed in the order referred to in paragraph 3 the unnecessary continuation of the proceedings and a judgement is given, taking full account of the part of the application which substantially coincides with that which was decided in the witness proceedings, the court may, on the basis of which it may order that each party pay its own costs and those which are common in half.

6. If the applicant requests the extension of the effects of the judgment in the witness proceedings, the provisions of Article 519 shall apply.

It is added by art. 103.75 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This article enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by the sole article 50 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Please note that references to "Judicial Secretary" should be understood as being made to "Letter of the Administration of Justice" in accordance with additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

An exception 4 is added to paragraph 3 by final provision 3.12 of Law 5/2012 of 6 July. Ref. BOE-A-2009-18733.

Paragraph 3 is amended by Art. 2.12 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Paragraph 3 is amended by final provision 3.6 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

The amount referred to in paragraph 3(3) by Annex II to Royal Decree 1417/2001 of 17 December shall be converted to euros. Ref. BOE-A-2001-24625

Text added, published on 20/12/2023, in force from 20/03/2024.

Article 439. Inadmissibility of the application in special cases.

1. Claims seeking to retain or regain possession shall not be admissible if they are filed within one year of the act of disturbance or dispossession.

2. In the cases referred to in Article 250 (1) (7), applications shall not be admissible in the following cases:

1. (1) Where they do not express the measures deemed necessary to ensure the effectiveness of the judgement in question.

2. If, unless the applicant waives, which it shall make clear in the application, the security provided by the defendant, in accordance with the second subparagraph of Article 64(2), is not indicated in the application, if the defendant appears and answers, in order to answer for the fruit which he has improperly received, for the damages which he has incurred and for the costs of the proceedings.

3. If the application is not accompanied by a literal certification of the Property Registry that expressly demonstrates the validity, without any contradiction, of the seat that legitimizes the plaintiff.

3. Claims for eviction from urban property for non-payment of rents or amounts owed by the tenant shall not be admissible if the lessor does not indicate the concurrent circumstances that may or may not permit, in the specific case, the eviction to be prevented.

4. In the case of Article 250 (1), 10th and 11th, where the action is based on failure to comply with a contract for the sale of movable property in instalments, applications not accompanied by the accreditation of the payment order to the debtor shall not be admissible, with an express diligence of the non-payment and non-delivery of the property, as provided for in Article 16 (2) of the Law on the Long-Term Sale of Furniture Property, as well as certification of the registration of the goods in the Register of Long-Term Sale of Furniture Property, if they are goods subject to registration. Where actions based on failure to comply with a financial lease or movable property contract are pursued, claims that are not accompanied by the accreditation of the payment order to the debtor shall not be admissible, with an expressive diligence of the non-payment and non-delivery of the property, as provided for in paragraph 3 of the first additional provision of the Law on the Long-Term Sale of Furniture Property.

5. Claims for claims for repayment of amounts unduly paid by the consumer pursuant to certain soil clauses or any other clauses deemed abusive in loan or credit agreements secured by real estate mortgages shall not be admissible where the claim is not accompanied by a document justifying the pursuit by the consumer of a prior out-of-court complaint to the natural or legal person carrying out the activity of granting loans or credits in a professional manner, with a view to expressly recognising the abusive nature of those clauses, with the result that the amounts unduly satisfied by the consumer are returned.

6. In the case of Article 250 (1) (1), (2), (4) and (7), claims seeking recovery of possession of a farm which do not specify:

(a) If the property in question constitutes the habitual dwelling of the occupant.

(b) If the applicant has the status of a large holder of housing, in accordance with the terms of the Article 3.k) of Law 12/2023 of 24 Mayfor the right to housing.

In the event that it is indicated that there is no large holder status, for the purpose of corroborating such an end, it must be attached to the request attestation of the Property Registry in which they contain the relationship of properties in the name of the performing party.

(c) (Cancelled)

7. (Cancelled)

8. Nor shall oral proceedings be admissible if the admissibility requirements are not met, which, in special cases, may be established by law.

The unconstitutionality and nullity of paragraphs 6(c) and 7 are declared in the wording given by final provision 5.2 of Law 12/2023 of 24 May, by judgment of TC 26/2025 of 29 January. Ref. BOE-A-2025-4079

Paragraph 5 is renumbered as 8 and a new paragraph 5 is added, with effect from 3 April 2025, by Art. 22.35 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Paragraphs 6 and 7 are added by final provision 5.2 of Law 12/2023 of 24 May. Ref. BOE-A-2023-12203

Paragraph 4 is amended by Article 4.5 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Article 439 bis. Pre-claim for official lending or lending activity.

For the purposes referred to in Article 439(5), the consumer shall forward the complaint prior to the application to the natural or legal person carrying out the activity of granting loans or credits in a professional manner, which shall admit or refuse the complaint. Once the claim has been received, the recipient person or entity shall calculate the amount to be returned in a disaggregated manner, including necessarily the amounts corresponding to interest. Where appropriate, it shall accept or reject the nullity of the clauses which the consumer claims to be abusive.

Where it considers that the return is not appropriate or, where appropriate, rejects the abusive nature of the clauses, it shall give a reasoned statement of the reasons for its decision, without being able to make any other arguments in the judicial proceedings. The consumer must state, where appropriate, whether he agrees with the calculation and the position of the loan or credit transferor regarding the excessive nature of the clauses concerned. If it is, the person or entity that has granted the loan or credit shall agree with the consumer to return the cash and, where appropriate, recognise the nullity of the clauses.

The maximum time limit for the consumer and the person or entity to whom the complaint was sought to reach an agreement shall be one month from the date of filing of the complaint. In any event, the extrajudicial proceedings shall be deemed to have been concluded without agreement:

(a) If the person or entity to whom the complaint has been addressed expressly rejects the consumer's request.

(b) If the period of one month from the receipt of the communication ends, without any communication from him.

(c) If the consumer does not agree with the calculation of the amount to be repaid by the person or entity granting the loan or credit, if he rejects the quantity offered, or if he does not agree with the position of that person or entity on the nullity of the clauses concerned.

If, after one month from the date on which the acceptance of the offer by the consumer is confirmed, the quantity offered has not been effectively made available to the consumer, the latter shall earn the legal interest of the money increased by eight points since it is clear that the offer has been accepted by the injured party.

If the said period of one month has elapsed, the quantity offered shall not be paid, the legal remedy for the consumer shall be expedited, without prejudice to the continuation of the accrual of the interests referred to.

The parties may not bring any judicial or extrajudicial action against each other in relation to the subject matter of the previous claim during the period during which it is substantiated. The position held by the parties during this prior negotiation may be assessed in the subsequent process, if any, for the purposes of Article 394 and, where appropriate, Articles 245 and 247. This extra-judicial complaint procedure shall be free of charge.

The formalisation of the public deed and the registration which, where appropriate, could result from the agreement between the loan or credit transferor and the consumer shall be exclusively subject to notarial and registration duties corresponding, respectively, to a non-quantity document and to a minimum registration, whatever the basis.

It is added, with effect from 3 April 2025, by art. 22.36 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

Text added, published on 03/01/2025, in force from 03/04/2025.

Article 440. Citation for the hearing.

The application and, where appropriate, counterclaim or counterclaim, or after the corresponding time limits, the lawyer or lawyer of the Administration of Justice shall, where the hearing is to be held in accordance with Article 438, summon the parties to that effect within five days. The hearing shall take place within a maximum period of one month.

The summons shall set the date and time at which the hearing is to be held and shall inform the parties of the possibility of resorting to negotiations to try to resolve the conflict, including recourse to mediation, in which case they shall indicate at the hearing or before the hearing their decision on the matter and the reasons for it.

The summons shall state that the hearing shall not be suspended on the basis of the defendant ' s absence and the litigants shall be advised that, if they do not attend and their interrogation has been admitted, the facts of the interrogation may be considered admissible in accordance with article 304. The applicant and the defendant shall also be prevented from the provisions of Article 442, in the event that they do not appear at the hearing.

It is amended, with effect from 3 April 2025, by art. 22.37 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 103.76 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 5 is added by final provision 5.3 of Law 12/2023 of 24 May. Ref. BOE-A-2023-12203

Paragraphs 3 and 4 are amended by Article 3.2 of Royal Decree-Law 7/2019 of 1 March. Ref. BOE-A-2019-3108

The heading and paragraph 1 are amended by Article 51 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 3 and 4 are amended by Article 2.4 of Law 4/2013 of 4 June. Ref. BOE-A-2013-5941.

Paragraph 1 is amended by final provision 3.13 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

Paragraph 3 is amended and Article 4 is added. 4.6 of Act No. 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraph 3 is amended by Art. 2.13 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Please note that paragraph 1 enters into force on 4 May 2010, as drafted by Law 13/2009.

Paragraph 1 is amended by Article 15.180 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 3 is amended by final provision 3.7 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

Article 441. Special cases in initial oral proceedings.

1. In the case of Article 250(3), the lawyer or lawyer of the Administration of Justice shall call the witnesses proposed by the applicant and, according to his statements, the court shall issue an order denying or granting, without prejudice to any better right, the possession requested, by carrying out the proceedings which he is claiming for that purpose. The order will be published in the Single Judicial Edict Board, urging the interested parties to appear and to claim by way of a response to the complaint, within forty days, if they consider they have a better right than the plaintiff.

If no one appears, the applicant shall be confirmed in possession; but if claimants are brought before the plaintiff, after the submission of their pleadings to the plaintiff, the Counsel of the Administration of Justice shall, with all those appearing, summon him to the hearing, and thereafter the proceedings shall be conducted in the manner set forth in the following articles.

1 bis. In the case of a claim for the recovery of the possession of a dwelling or part thereof which is processed in accordance with Article 250.1.4. or, notification shall be given to those who are inhabiting the dwelling. It can also be done to the ignored occupants of the house. For the purpose of identifying the receiver and other occupants, the person making the communication may be accompanied by the officials of the authority.

If the applicant has requested the immediate surrender of the possession of the house, the decree of admission to the proceedings of the application shall require its occupants to provide, within five days of the notification of that decision, a document justifying its possessory situation.

If sufficient justification is not provided, the court shall order the eviction of the occupants and the immediate surrender of possession of the dwelling to the plaintiff, provided that the title attached to the claim is sufficient for the accreditation of their right to own and without prejudice to paragraphs 5, 6 and 7 of this article if it has been possible to identify the recipient of the notice or other occupants of the dwelling.

An order that decides on the incident shall be without appeal and shall be taken against any of the occupants who are present at that time in the dwelling.

2. If the application seeks a summary judicial decision to suspend a new work, the court shall, before it is even transferred for the purpose of responding to the claim, immediately direct a suspension order to the owner or person in charge of the work, who may offer security to continue it, as well as the completion of the works necessary to preserve the already built works. The court may order judicial, expert or joint recognition to be carried out prior to the hearing.

Security may be provided in the form provided for in the second subparagraph of Article 64(2).

3. In the cases referred to in Article 250 (1) (7), the court shall, as soon as the application is accepted, take such measures as may be necessary, depending on the circumstances, to ensure compliance with the judgment in question.

4. In the case of article 250 (1), 10, paragraph 1, the court shall order the display of the property to its possessor, under the warning of disobedience to the judicial authority, and its immediate freezing, which shall be ensured by deposit, in accordance with the provisions of this Law. Where, pursuant to Article 250(1) (11), actions are brought on the basis of failure to comply with a lease, lease of movable property or contract of sale on time subject to a reservation of title, the court shall order the deposit of the property the delivery of which is claimed. The plaintiff shall not be required to take such precautionary measures, nor shall the defendant be allowed to object to them. Applications for changes or replacement of security measures shall not be admissible.

In addition to the provisions of the preceding subparagraph, the Counsel of the Administration of Justice shall place the defendant for five days to appear in the proceedings, through a procurator, for the purpose of responding to the application for any of the cases referred to in Article 444(3). If the defendant leaves the period of time without replying to the application, or if the application is based on a case not covered by Article 444(3), a judgment finding the applicant's claims shall be handed down without further formalities.

Where the defendant responds to the claim in accordance with the preceding subparagraph, the litigator of the Administration of Justice shall summon the parties to the hearing and, if the defendant fails to attend the hearing without having a fair case or to attend, but fails to maintain his opposition or to found it in a case not covered by Article 444(3), an award shall be made without further formalities to determine the applicant's claims. In these cases, the defendant will also be punished with a fine of up to one fifth of the value of the claim, with a minimum of 180 euros.

No appeal shall be made against the judgement rendered in the cases of absence of opposition referred to in the preceding two paragraphs.

5. In the cases of Nos. 1, 2, 4 and 7 of Article 250 (1), provided that the property in dispute constitutes the habitual dwelling of the defendant, the defendant shall be informed, in the decree on admission to proceedings, of the possibility of applying to the Autonomous and Local Public Administrations competent in the areas of housing, social assistance, assessment and information of situations of social need and immediate care for persons at risk of social exclusion. The information shall include the exact identification data of those administrations and the manner of contact with them in order to enable them to assess the potential vulnerability of the respondent.

Without prejudice to the provisions of the preceding paragraph, the court shall immediately and ex officio inform the autonomous and local authorities competent in the field of housing, social assistance, assessment and information of situations of social need and immediate care for persons who are in a situation or risk of social exclusion, so that they may verify the situation of vulnerability and, if this situation exists, submit to the court a proposal for a decent housing alternative in social rental to be provided by the competent authority for this purpose and a proposal for immediate care measures to be taken also by the competent authority, as well as any economic aid and subsidies from which the defendant may benefit.

If these public administrations confirm that the affected household is in a situation of economic and, where appropriate, social vulnerability, the judicial body shall be notified as soon as possible and in any event within a maximum period of 10 days.

In the cases provided for in Article 439 (6) and (7), where the performing party is a large holder of housing and has submitted together with the application document proving the vulnerability of the defendant, the Office shall state this fact to the competent public authorities for the purpose of directly carrying out, within the same period, the proposal for immediate care measures to be adopted, as well as any economic aid and subsidies from which the defendant may benefit and the causes, which, where appropriate, have prevented its application in advance.

If the communication has been received or the deadline has elapsed, the lawyer or lawyer of the Administration of Justice shall transmit to the parties so that within five days they may request what is in their right, suspending the scheduled date for the hearing or for the launch, if such suspension is necessary due to the immediacy of the dates.

6. If the parties have submitted their pleadings or the time allowed for so doing has elapsed, the court shall decide by order, in the light of information received from the competent public administrations and the arguments of the parties, whether to suspend the proceedings for the adoption of the measures proposed by the public administrations, for a maximum period of two months if the applicant is a natural person or four months in the case of a legal person.

Once the measures have been taken by the competent public authorities or after the maximum period of suspension provided for in the preceding paragraph, the period shall automatically be extended and the procedure shall continue for all its formalities.

7. The court shall make the decision after a weighted and proportional assessment of the particular case, assessing the situations of vulnerability which may also be encountered by the performing party and any other circumstances established in the present case.

For this purpose, in particular, the court may consider the fact that the amount of the income, if it is a decision to evict for non-payment, plus the amount of electricity, gas, water and telecommunications supplies accounts for more than 30 per cent of the household income and that the total of such income does not reach:

(a) Generally speaking, the three-fold limit of the monthly Public Multiple Effects Income Indicator (hereinafter IPREM).

(b) This limit shall be increased by 0.3 times the IPREM for each dependent child in the family unit. The applicable increase per dependent child shall be 0.35 times the IPREM for each child in the case of a single parent family unit or in the case of each child with a disability equal to or greater than 33 per cent.

(c) This limit shall be increased by 0.2 times the IPREM for each person over 65 years of age who is a member of the family unit or dependent persons.

(d) In the event that any member of the family unit has a disability of 33 per cent or more, a situation of dependency or illness that is permanently unable to perform a work activity, the limit provided for in point (a) shall be 5 times IPREM, without prejudice to the cumulative increases per dependent child.

For the same purpose, the court may consider that persons occupying the dwelling are dependent in accordance with paragraph 2 of the Convention. Article 2 of Act No. 39/2006 of 14 December 2006to promote personal autonomy and care for persons in dependent situations, victims of violence against women or minors.

Paragraph 1 is amended by Article 103.77 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraphs 1a and 5 are amended and paragraphs 6 and 7 are added by final provision 5.4 of Law 12/2023 of 24 May. Ref. BOE-A-2023-12203

Paragraph 5 is added by Art. 3.3 of Royal Decree-Law 7/2019 of 1 March. Ref. BOE-A-2019-3108

The incorporation of paragraph 1 ter by Resolution of 22 January 2019 that publishes the Agreement of the Congress of Deputies repealing the Royal Decree-Law 21/2018, of 14 December, is hereby repealed. Ref. BOE-A-2019-799

Paragraph 1b is added by Article 3.1 of Royal Decree-Law 21/2018, of 14 December. Ref. BOE-A-2018-17293

Paragraph 1a is added by Article 4 of Law 5/2018 of 11 June. Ref. BOE-A-2018-7833

It is amended by article the sole Article, point 52 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The first subparagraph of paragraph 4 is amended by Article 4.7 of Act No. 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraphs 1, 3 and 4 are amended by Article 15,181 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

The amount referred to in paragraph 4 by Annex I to Royal Decree 1417/2001 of 17 December shall be converted to EUR. Ref. BOE-A-2001-24625

Article 442. Failure of the parties to attend the hearing.

1. If the plaintiff does not attend the hearing, and the defendant does not claim a legitimate interest in the continuation of the proceedings for a judgement on the merits, the defendant shall be deemed to have waived the claim, shall be charged the costs caused and shall be ordered to compensate the defendant who has appeared, if the defendant so requests and proves the damage suffered.

2. If the defendant does not appear, the trial shall be conducted.

It is amended by article the sole Article, point 53 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 443. Conduct of the hearing.

1. When the parties are heard, in person or via videoconference in cases which have been so agreed, the court shall declare the act open and shall determine whether the dispute between them remains. If they declare that they have reached an agreement or are willing to conclude it immediately, they may withdraw from the proceedings or request the court to approve the agreement. The judicially approved agreement shall have the effect attributed by law to the judicial transaction and may be implemented by the procedures provided for the execution of judicially approved judgements and agreements. Such an agreement may be challenged in the cases and in the form provided for in the judicial transaction. The parties by common agreement may also request the suspension of the proceedings in accordance with Article 19(4), for mediation or other appropriate means of dispute settlement. In this case, the court shall first examine whether the requirements of legal capacity and the power of disposition of the parties or their duly accredited representatives attending the act are met. Where the process of mediation or other appropriate means of dispute settlement has been suspended, the negotiating activity without agreement has been terminated, either party may request that the suspension be lifted and the date for the continuation of the hearing be indicated. On the contrary, in the event of agreement between the parties, the parties must notify the court of the decision to close the proceedings, without prejudice to prior application for judicial approval.

2. In view of the subject matter of the proceedings, the court may, before the practice of proof, raise with the parties the possibility of referring the dispute to an appropriate means of dispute settlement, provided that it considers and reasonably considers that an agreement between the parties is possible in accordance with the provisions of article 19, paragraph 5. If all parties agree to the referral, it shall be agreed upon after suspension of the proceedings by an order which may be issued orally.

The negotiating activity shall be carried out within the maximum time limit set by the court in view of the complexity of the procedure and other concurrent circumstances. However, if, fifteen days before the deadline set by the courts, all parties state the desirability of extending the period for a single period and for a specified period of time, which they shall specify by mutual agreement, the court may agree to this if it finds progress in the negotiation which allows for the provision of an extrajudicial settlement of the dispute within the new period requested. The parties must inform the court whether or not they have reached an agreement within the time limit set. If they have reached full agreement, the court shall order the closure of the proceedings, without prejudice to the parties' prior application for judicial approval. In the event of disagreement or in the event of partial agreement, and without prejudice to the judicial approval thereof, the suspension and the continuation of the hearing shall be agreed for the conduct of the evidence on the day indicated for that purpose. The date allocation for the continuation of the hearing shall be made on a preferential basis.

3. If the parties have not reached an agreement or are unwilling to conclude it immediately, the court shall call on the parties to make clarifications and establish the facts on which there is a contradiction.

4. If there is no conformity on all of them, the evidence that was at the time admitted shall be followed. The parties' proposal for proof may be supplemented in accordance with Article 429(1).

It is amended, with effect from 3 April 2025, by art. 22.38 Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by article 54 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraph 3 is amended by final provision 3.14 of Law 5/2012 of 6 July. Ref. BOE-A-2012-9112.

Article 444. Causes assessed for opposition.

1. Where, in the oral proceedings, the intention is to recover land, rustic or urban property, given in lease, for non-payment of the rent or equivalent amount, the defendant shall only be allowed to plead and prove the payment or the circumstances relating to the origin of the enervation.

1.bis In the case of a case of recovery of possession of a dwelling referred to in the second subparagraph of Article 250(4), the defendant's opposition may be based solely on the existence of sufficient title to the actor to possess the dwelling or on the lack of title by the actor.

2. In the cases referred to in paragraph 7 of Article 250(1), the defendant's objection may be based only on one of the following cases:

1. Falseness of the certification of the Register or omission in it of rights or conditions registered, which detract from the action exercised.

2. The defendant owns the estate or enjoys the right discussed by contract or other any direct legal relationship with the last owner or with previous owners or by statute of limitations, provided that it must harm the registered holder.

3. That the estate or the right are registered in favor of the defendant and so justifies by presenting certification of the Register of Property that the registration is valid.

4o It is not the registered estate that the defendant actually owns.

3. In the case of paragraphs 10 and 11 of Article 250(1), the defendant's objection may be based only on one of the following cases:

1.a Lack of jurisdiction or jurisdiction of the court.

2.a Documentaryly accredited payment.

3.a The absence or non-validity of consent, including the falsity of signature.

4.a Falseness of the document in which the contract appears formalized.

It is amended, with effect from 3 April 2025, by art. 22.39 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 103.78 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Paragraph 1a is added by Article 5(5) of Law 5/2018 of 11 June. Ref. BOE-A-2018-7833

Article 445. Evidence, final proceedings, and presumptions in oral trials.

In matters of evidence, final proceedings and presumptions, the provisions of Chapters V and VI of Title I of this book, as well as Articles 435 and 436 of this legal text, shall apply to oral proceedings.

It is amended, with effect from 3 April 2025, by art. 22.40 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

It is amended by art. 103.79 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 446. Decisions on evidence and remedies.

The court ' s decisions on the admission or inadmissibility of evidence at the hearing shall be subject to a remedy only, which shall be heard and decided upon at the hearing and, if rejected, the party may protest in order to assert its rights, if appropriate, in the second instance.

It is amended by art. 103.80 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by article 55 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Article 447. Judgment. Absence of res judicata in special cases

1. After the evidence, including the final proceedings to which the provisions of article 435 shall apply, the court may give the parties a speaking time to make oral conclusions. The hearing will then be terminated and the court, except in cases where it gives an oral judgement as provided for in article 210.3, will render a judgement within 10 days. Except for oral trials calling for eviction of urban property, where the sentence will be handed down within five days, the parties are summoned to the seat of the court to receive the notification, if they are represented by a procurator or should not be carried out by telematic means, which will take place the next possible day within five days of the sentence.

Without prejudice to the above, in the sentences for conviction for search referred to in Articles 437(3) and 438(5), in anticipation that the tenant will not be verified for voluntary eviction within the specified time limit, the date and time at which, where appropriate, the direct launch of the defendant will take place shall be fixed on a subsidiary basis, which shall be completed without further formalities being required within a period not exceeding 15 days from the end of that voluntary period. Similarly, in the sentences of conviction for failure to appear, the defendant shall be released on the date fixed without further delay.

2. Judgments that terminate oral proceedings on summary custody of possession and decisions on the claim for eviction or recovery of land, rustic or urban, given in lease, for non-payment of rent or rent or for the legal or contractual expiration of the time limit, and on other claims for guardianship that this Law classifies as summary shall not have the effect of res judicata.

With regard to claims for eviction or recovery of property given in lease, for non-payment of rent or rent or for the legal or contractual expiry of the period, actions for the claim of lost and unpaid rents or similar amounts, as well as actions against the guarantor or guarantor of solidarity, the judgment in respect of those actions accumulated against eviction shall have the effect of res judicata.

3. Judgments handed down in oral proceedings seeking the enforcement of registered rights against those who object to them or disturb their exercise, without having a registered title, shall also have no res judicata.

4. Nor will judicial decisions which are denied such effects by law in specific cases have the effect of res judicata.

Paragraph 1 is amended and a subparagraph is added to paragraph 2, with the effect of 3 April 2025, by Art. 22.41 of Organic Law 1/2025 of 2 January. Ref. BOE-A-2025-76

The first subparagraph of paragraph 1 is amended by the sole article.56 of Law 42/2015 of 5 October. Ref. BOE-A-2015-10727.

Paragraphs 1 and 2 are amended by Article 2.14 of Act No. 19/2009 of 23 November. Ref. BOE-A-2009-18733

Paragraph 1 is amended by final provision 3.8 of Law 23/2003 of 10 July. Ref. BOE-A-2003-13863

Article 447 bis. Specialities for the processing of appeals against decisions that exhaust the administrative procedure issued in matters of industrial property by the Spanish Office of Patents and Trademarks.

The challenge of decisions that exhaust the administrative process issued in matters of industrial property by the Spanish Office of Patents and Trademarks will be carried out by the procedures of the oral trial with the following specialties:

1.a The parties who have intervened in the administrative procedure before which the decision is appealed are entitled to appeal.

2.a The time limit for lodging the appeal shall be two months from the day following the date of notification or publication in the Official Gazette of Industrial Property of the decision issued if it is express. If it is not, the period shall be six months and shall be counted from the day following that on which, in accordance with its specific regulations, the alleged act occurs.

3.a Admitted to the appeal, the lawyer of the Administration of Justice shall require the Spanish Patent and Trademark Office to forward the administrative file.

4.a The file must be submitted within a non-exhaustible period of twenty days, from the date the judicial communication has entered the general register of the Spanish Patent and Trademark Office.

5.a After the deadline for the referral of the file has not been fully received, the complaint shall be reiterated.

6.a The case file shall be received and the counsel of the Administration of Justice shall agree on the location of the persons concerned so that they may appear as defendants within nine days.

7.a The location of the Spanish Patent and Trademark Office shall be understood to be the claim of the file. The Spanish Patent and Trademark Office shall be deemed to be personified by the dispatch of the file.

8.a The legally located persons concerned may be brought within the time limit granted. If they do so later, they will be held for part for the unprecluded formalities. If they do not appear in a timely manner, they will continue the procedure for their formalities, without any notice of any kind being given to them, on the benches or in any other form.

9.a The counsel of the Administration of Justice shall agree that the file shall be handed over to the appellant for the claim to be deducted within twenty days.

10.a The applicant may seek a declaration of non-compliance with the law and, where appropriate, the annulment of the judgment under appeal.

It may also seek the recognition and restoration of an individualized legal situation and the adoption of appropriate measures for the full restoration of that status.

11.a If the application is not filed within the time limit, the Court shall, on its own motion, declare the closure of the proceedings by order.

12.a After the termination of the transfer of the administrative file without having been sent, the appellant may, in itself or at the request of the counsel of the Administration of Justice, request that a time limit be granted for the formalization of the application.

If, after the applicant has used the right set out in the preceding paragraph, the file is received, the lawyer of the Administration of Justice shall make the case to the parties for a common period of 10 days so that they may make such additional submissions as they deem appropriate.

13.a When the application has been submitted, the lawyer of the Administration of Justice shall transmit the application, with the administrative file or a copy thereof, to the persons concerned who have appeared, for reply within twenty days. If the application has been filed without having received the administrative file, the Spanish Patent and Trademark Office shall be summoned to reply, warning the Spanish Patent and Trademark Office that the reply will not be accepted if it is not accompanied by that file.

It is added by final provision 1.8 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Text added, published on 28/07/2022, in force from 17/08/2022.

TITLE IV

Resources

CHAPTER I

Remedies: general provisions

Article 448. The right of appeal.

1. Against the decisions of the courts and attorneys of the Administration of Justice that affect them adversely, the parties may lodge the remedies provided for by law.

2. The time limits for appeal shall be counted from the day following notification of the decision which is resorted to, or, where appropriate, notification of its clarification or refusal thereof.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 15.182 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 449. Right to appeal in special cases.

1. In proceedings involving the launch, the defendant shall not be granted appeals or cassation if, by filing them, he fails to make a statement, confirming it in writing, to have the income due and those payable in advance under the contract.

2. The appeals or cassation referred to in the preceding paragraph shall be declared deserts, whatever the state in which they are located, if during the proceedings the appellant fails to pay the deadlines due or those to be advanced. The lessee may advance or record payment for several unexpired periods, which shall be subject to settlement once the judgment has been delivered. In any event, payment of these amounts shall not be considered as a novation of the contract.

3. In proceedings in which the sentence is sought to compensate damages resulting from the movement of motor vehicles, the sentenced person shall not be allowed to pay compensation for appeals or cassation, if, in bringing them, he fails to prove that he has constituted a deposit of the amount of the sentence plus the interest and surcharges payable in the establishment intended for that purpose. Such deposit shall not, where appropriate, prevent the provisional execution of the decision rendered.

4. In proceedings in which the conviction is sought for payment of the amounts due by a landlord to the community of neighbours, the convicted person shall not be allowed an appeal or cassation if, by filing them, he fails to prove that he has satisfied or appropriated the liquid amount to which the conviction is entered. The provision of the quantity shall not, where appropriate, prevent the provisional execution of the decision rendered.

5. The deposit or deposit required by the preceding paragraphs may also be made by means of solidarity guarantee of indefinite duration and payable at first request by a credit institution or mutual guarantee company or by any other means which, in the opinion of the court, ensures the immediate availability, where appropriate, of the amount entered or deposited.

6. In the cases referred to in the preceding paragraphs, before the resources are rejected or declared desert, the provisions of Article 231 shall be applied so that the defects in the procedural acts of the parties may be remedied.

It is amended by art. 103.81 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by art. 4.8 of Act No. 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraph 6 is amended by Article 15.183 of Act No. 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 450. Withdrawal of appeals.

1. A appellant may withdraw from the appeal before a decision has been taken, except for the appeal once a day has been appointed for deliberation, voting and judgement.

2. If, in the case of several appellants, only one or some of them withdraw, the decision under appeal shall not be final by virtue of the withdrawal, but the claims for challenge which are exclusive to those who have withdrawn shall be deemed to have been abandoned.

Paragraph 1 is amended by Article 103.82 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

CHAPTER II

Replenishment and revision appeals

The heading is amended by Art. 15.184 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 451. Replenishable resolutions. No suspensive effects.

1. Non-definitive orders and orders shall be subject to an appeal to the Legal Counsel of the Administration of Justice who issued the appealed decision, except in cases where the law provides for a direct remedy for review.

2. All non-final orders and orders may be appealed to the same Court which issued the contested decision.

3. The application for an appeal shall not have suspensive effect on the decision under appeal.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.185 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 452. Time limit, form and non-admission of the replenishment appeal.

1. An appeal for a remedy must be lodged within five days, stating the infringement in which the decision was taken by the appellant.

2. If the requirements set out in the preceding paragraph are not met, the application of a re-appeal against non-final orders and orders shall be inadmissible by order not subject to appeal, and by decree directly subject to appeal in review of orders for ordination and non-definitive decrees.

It is amended by art. 15.186 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 453. From the hearing to the parties appealed and the resolution.

1. If the application for reinstatement by the Legal Aid Service is admissible, the other parties concerned shall be granted a common period of five days to challenge it, if they deem it appropriate.

2. After the period of appeal, whether or not written, the Court shall, if it is a matter of appeal against orders or orders, or the Legal Counsel of the Administration of Justice, if it has been made in response to orders or decrees, decide without further formalities, by order or decree, respectively, within five days.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.187 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 454. Irresponsibility of the order ruling on the appeal against judicial decisions.

Except in cases where a complaint is lodged, no appeal shall be lodged against the order ruling the appeal, without prejudice to the reproducing of the matter to which the appeal relates when the final decision is appealed, if appropriate.

The heading is amended by Art. 15.188 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 454 bis. Review appeal.

1. An appeal for review before the court may be lodged against the decree on the resolution of reinstatement and direct appeal for review of decrees terminating or preventing the continuation of proceedings. Such remedies shall have no suspensive effect without any action being taken to the contrary.

Direct review of decrees may also be initiated in cases where it is expressly provided for.

2. An appeal for review must be lodged within five days by written form citing the infringement in which the decision was taken. Having fulfilled the above requirements, the Legal Aid Board shall, by means of an order, grant the remedy by granting to the other parties concerned a common period of five days to challenge it, if they deem it appropriate.

If the requirements for admissibility of the appeal are not met, the Court shall inadmissibility the appeal by order.

After the time limit for the challenge, whether or not written, the Court shall rule without further formalities, by order, within five days.

There shall be no appeal against decisions on admission or inadmissibility.

3. An appeal against the decision by ruling on the review appeal shall be admissible only if it terminates the proceedings or impedes their continuation.

Paragraph 1 is amended by Article 103.83 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The first subparagraph of paragraph 1 is declared unconstitutional and null and void in the wording given by art. 4.9 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937, by judgment of TC 15/2020, of January 28. Ref. BOE-A-2020-2942

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 4.9 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

It is added by art. 15.189 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Text added, published on 04/11/2009, in force from 04/05/2010.

CHAPTER III

Appeal and second instance

Section 1.a Appeal and second instance: general provisions

Article 455. Appeals against decisions. Competition and preferential processing.

1. Judgments handed down in all kinds of trials, final orders and others expressly indicated by law shall be subject to appeal, with the exception of judgements handed down in oral trials on the basis of the amount of the judgment if it does not exceed 3,000 euros.

2. They shall hear appeals:

1. The Courts of First Instance, when the decisions of appeal have been handed down by the Courts of Peace of their party.

2. The Provincial High Courts, when the decisions of appeal have been handed down by the courts of first instance of their district.

3. The legal appeals against cases that do not grant applications for lack of requirements required by law for special cases shall preferably be processed.

4. The legal appeals against final decisions rendered in the course of witness proceedings, as well as against orders agreeing to suspend the proceedings until final judgement in the proceedings identified as a witness, shall also be dealt with in preference.

Paragraph 4 is added by Art. 103.83 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This paragraph enters into force on 20 March 2024, as laid down in final provision 9.2 of the said Royal Decree-Law.

Paragraph 1 is amended by Article 4.10 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Article 456. Scope and effects of the appeal.

1. An appeal may be brought against the appellant on the basis of the facts and law of the claims made before the court of first instance, and may be dismissed by order or judgement and, in its place, by another or other favourable order, by re-examination of the proceedings before that court and in accordance with the evidence which, in the cases provided for in this Act, is carried out before the court of appeal.

2. An appeal against the dismissal of the application and against orders terminating the proceedings shall have no suspensive effect, without any action being taken to the contrary of what has been decided.

3. The decisions of the application against which the appeal is lodged shall, depending on the nature and content of its decisions, have the effectiveness set out in Title II of Book III of this Law.

Section 2.a On the substantiation of the appeal

Article 457. Preparation of the appeal.

(No content)

It is left without content by art. 4.11 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraphs 3, 4 and 5 are amended by Article 15,190 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 458. Appeal procedure.

1. An appeal shall be lodged, in accordance with the provisions of article 276, with the court competent to hear the appeal, within twenty days of the notification of the contested decision and a copy of the decision shall be accompanied.

2. The appellant shall, at the time of the appeal, make the allegations on which the challenge is based, in addition to citing the decision appealed and the pronouncements he challenges.

3. After the appeal has been filed, and prior to the decision to admit or inadmissibility, the legal counsel of the Administration of Justice shall, within three days, order the proceedings by requiring the body which issued the appeal decision to proceed with the proceedings and by indicating the party or parties to the appeal. Without prejudice to the foregoing, on the same day on which the application for appeal is received, the body issuing the decision subject to appeal shall be informed of this fact.

Having received the previous order, the lawyer or counsel of the Administration of Justice of the body which issued the decision under appeal shall agree to refer the cases, with the request of the non-recurring parties, for the purpose of appearing before the court competent to hear the appeal within 10 days.

4. If the contested decision is appealable and the appeal has been lodged within a period of time, the appeal shall be brought by counsel or counsel of the Administration of Justice within three days. If not, he shall bring the matter before the court for a decision on admission.

If the court understands that the conditions for admission are met, it shall issue an order on appeal; if not, it shall issue an order agreeing to the inadmissibility and referral of the proceedings to the body which issued the decision under appeal.

No appeal shall be lodged against the decision on appeal, but the party against whom the appeal is lodged may plead the inadmissibility of the appeal in the appeal proceedings against the appeal referred to in article 461 of this Act.

It is amended by art. 103.85 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 4.12 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraph 2 is amended by Art. 15.191 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 459. Appeal for violation of procedural rules or guarantees.

An appeal may be made in breach of procedural rules or guarantees in the first instance. Where so, the pleading must cite the rules which are deemed to have been infringed and, where appropriate, plead the defencelessness suffered. The appellant must also prove that he has duly denounced the offence, if he has had a procedural opportunity to do so.

Article 460. Documents which may be accompanied by the pleading. Request for evidence.

1. Only documents which are present in one of the cases referred to in Article 270 and which cannot be submitted at the first instance may be accompanied by the pleading.

2. In addition, the application may be made for the following evidence to be used at second instance:

1.a Those which have been improperly denied in the first instance, provided that an attempt has been made to reinstate the decision refusing or a timely protest has been made at the hearing.

2.a Proposals and accepted at the first instance which, for any reason not attributable to the person who requested them, could not have been made, even as final proceedings.

3.a Those referring to facts of relevance to the decision of the suit that occurred after the beginning of the period of time for the delivery of a judgement at the first instance or before that term, provided that, in the latter case, the party justifies that it has subsequently become aware of them.

3. A defendant declared in absentia who, for any cause which is not attributable to him, has been heard in the proceedings after the time laid down for the purpose of proposing evidence at first instance may, in the second instance, request that all that is in conformity with his right be carried out.

Article 461. Transfer of the pleading to the respondent. Opposition to the appeal and challenge of the judgment.

1. In the application for appeal, the legal counsel of the Administration of Justice shall refer the other parties to the appeal for 10 days to submit a notice of opposition to the appeal or, where appropriate, a challenge to the decision appealed to him in an unfavourable manner.

2. The pleadings opposing the appeal and, where appropriate, challenging the judgment by those who have not initially appealed, shall be made in accordance with the provisions of the pleading.

3. Documents may be accompanied and any evidence deemed necessary by the party or parties appealed may be requested, in accordance with the provisions of the preceding article, as well as any arguments deemed appropriate as to the admissibility of the documents submitted and of the evidence proposed by the appellant.

4. The main appellant shall be referred to the Court of First Instance within 10 days to state what is appropriate about the admissibility of the challenge and, where appropriate, about the documents submitted and evidence proposed by the appellant.

5. In proceedings in which Articles 81 and 82 of the EC Treaty or Articles 1 and 2 of the Competition Act apply, the Lawyer of the Administration of Justice shall transmit to the National Competition Commission the application for appeal.

Paragraph 1 is amended by Article 103.86 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraphs 1 and 4 are amended by Article 15.192 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 5 is added by additional provision 2.6 of Law 15/2007 of 3 July. Ref. BOE-A-2007-12946

Article 462. Jurisdiction of the court of first instance during the appeal.

During the appeal proceedings, the jurisdiction of the court which issued the appealed decision shall be limited to proceedings relating to the provisional execution of the appealed decision.

Article 463. Provisional implementation of the judgment under appeal.

If a request for provisional execution has been made, the court of first instance shall be given evidence of the need for such execution.

Where the application has been made after referral to the court competent to decide the appeal, the applicant shall obtain from this testimony in advance of what is necessary for the execution.

It is amended by art. 103.87 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

Paragraph 1 is amended by Article 4.13 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

It is amended by art. 15.193 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 1 is amended by final provision 3.4 of Law 22/2003 of 9 July. Ref. BOE-A-2003-13813

Article 464. Admission of evidence and sighting.

1. The court to decide on the appeal, if new documents or evidence have been provided, shall agree as appropriate on their admission within 10 days. If evidence is to be obtained, the lawyer of the Administration of Justice shall indicate the day for the hearing, which shall be held within the following month, in accordance with the provisions for the oral trial.

2. If no evidence has been proposed or if all the proposal has been inadmissible, it may also be agreed, by an order, that the hearing be held whenever requested by either party or the Tribunal deems it necessary. In the event of an agreement to hold the event, the Legal Aid Service shall indicate the date and time of the event.

Paragraph 1 is amended by Article 103.88 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 15.194 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 465. Decision of appeal.

1. The Court shall rule on the appeal by order if the appeal has been brought against an order and by judgment if it has not been brought.

2. The decision must be delivered within 10 days of the end of the hearing. If no hearing has taken place, the order or sentence shall be issued within one month of the day following the day on which the proceedings under article 461 were evacuated.

3. If the alleged procedural offence was committed at the time of delivery of the judgement at the first instance, the Court of Appeal shall, after revoking the judgement appealed, decide on the question or issues that were the subject of the proceedings.

4. Where the provisions of the preceding paragraph of this Article do not apply and the procedural offence is one of those which gives rise to the radical nullity of the proceedings or part thereof, the Court shall so declare by order, repeating them to the state in which they were found when the offence was committed.

The proceedings shall not be declared null and void if the defect or defect in the proceedings may be remedied at the second instance, for which the Court shall grant a period of not more than 10 days, unless the defect is manifest at the hearing and may be remedied at the hearing.

The Court of Appeal shall decide on the matter or issues at issue, after the completion of the remedy and, where appropriate, after hearing the parties and after the examination of the admissible evidence.

5. An order or judgment issued on appeal shall be delivered solely on the points and issues raised in the appeal and, where appropriate, in the letters of opposition or challenge referred to in Article 461. The decision may not prejudice the appellant, unless the injury results from the judgment in question, as originally appealed, being contested.

6. The time limit for issuing a judgment in proceedings concerning the application of Articles 81 and 82 of the Treaty on European Community or Articles 1 and 2 of the Law on the Defence of Competition may be suspended where the Court is aware of the existence of an administrative file with the European Commission, the National Competition Commission or the competent bodies of the Autonomous Communities and it is necessary to hear the decision of the administrative body. Such suspension shall be adopted on a reasoned basis, after hearing the parties, and shall be notified to the administrative body. The latter, in turn, must pass on its decision to the Tribunal.

An order for suspension of proceedings shall be appealed only against.

7. Sign the decision that would have resolved the appeal, the lawyer or lawyer of the Administration of Justice shall agree to refer the proceedings to the body that had issued the decision that was the subject of the appeal.

Paragraph 2 is amended and Article 7 is added. 103.89 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by art. 15.195 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Paragraph 5 is added by additional provision 2.7 of Law 15/2007 of 3 July. Ref. BOE-A-2007-12946

Article 466. Appeals against the judgement of second instance.

Against the judgements handed down by the Provincial High Courts in the second instance of any kind of civil proceedings, the legitimate parties may appeal.

It is amended by art. 103.90 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 467. Appeal against judgements handed down by the Provincial High Courts after an extraordinary appeal for a procedural offence has been considered.

(No content)

It is left without content by art. 103.91 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

CHAPTER IV

Extraordinary appeal for procedural infringement

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 468. Competent body and decisions to be appealed.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by final provision 1.9 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Take into account final provision 16.2 for its application.

Article 469. Grounds: prior raising of the objection before the lower court.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 470. Appeal procedure.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

It is amended by art. 4.14 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Paragraphs 2, 3 and 4 are amended by Article 15.196 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 471. Content of the application.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by art. 4.15 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

The third paragraph is amended by art. 15.197 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

Article 472. Remission of court orders.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

The references to "judicial secretaries" are amended by additional provision 1 of Organic Law 7/2015 of 21 July. Ref. BOE-A-2015-8167

The second paragraph is added by Art. 15.198 of Law 13/2009 of 3 November. Ref. BOE-A-2009-17493

It is amended by final provision 3.5 of Act No. 22/2003 of 9 July. Ref. BOE-A-2003-13813

Article 473. Admission.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by art. 4.16 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

Article 474. Opposition of the challenged parties.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 475. View and taste.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

Article 476. Judgment. Effects.

(No content)

It is left without content by art. 103.92 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

CHAPTER V

The appeal

Article 477. Reason for the appeal and decisions on appeal.

1. Appeals shall be brought in cassation if they terminate the second instance handed down by the Provincial High Courts when, in accordance with the law, they are required to act as a collegial body and the orders and judgements handed down on appeal in proceedings concerning the recognition and enforcement of foreign judgments in civil and commercial matters under international treaties and conventions, as well as European Union regulations or other international standards, where the right of appeal is recognized in the relevant instrument.

The judgements handed down by the Provincial High Courts in appeals against decisions that exhaust the administrative procedure in matters of industrial property issued by the Spanish Patent and Trademark Office shall also be subject to appeal in cassation.

2. The appeal must be based on a breach of procedural or substantive rules, provided that the appeal is in cassation interest. In any case, however, cassation may be brought against judgements handed down for the civil judicial protection of fundamental rights subject to an appeal for amparo, even if there is no cassation interest.

3. An appeal shall be considered to be of cassational interest where the contested decision opposes the jurisprudence of the Supreme Court or resolves points and issues on which there is conflicting jurisprudence of the Provincial High Courts or applies rules on which there is no jurisprudence of the Supreme Court.

In the case of appeals brought by a High Court of Justice, it shall be understood that there is a cassation interest where the judgment under appeal is contrary to case-law, or there is no doctrine of the High Court of Justice on rules of special law of the relevant Autonomous Community, or it resolves points and questions on which there is conflicting jurisprudence of the Provincial High Courts.

4. The First Chamber or, where appropriate, the Civil and Criminal Chambers of the High Courts of Justice, may determine that there is a significant cassation interest where the contested decision has been rendered in a proceeding in which the litigious matter is of general interest for the uniform interpretation of State or autonomous law. It is understood that there is a general interest where the issue potentially or effectively affects a large number of situations, either in itself or beyond the case in question.

5. The assessment of the evidence and the establishment of facts shall not be subject to appeal unless it is factual, patent and immediately verifiable on the basis of the proceedings themselves.

6. Where the appeal is based on a breach of procedural rules, it is essential to establish that, if possible, prior to the appeal, the offence has been brought before the court and that, if it has occurred in the first instance, the complaint has been reproduced in the second instance. If the procedural offence has caused a non-compliance or defect, the remedy must have been requested at the appropriate instance or instances.

Paragraph 1 is amended by Article 103.93 of Royal Decree-Law 6/2023 of 19 December. Ref. BOE-A-2023-25758

This amendment enters into force on 20 March 2024, as provided for in final provision 9.2 of the said Royal Decree-Law.

It is amended by art. 225.7 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

Paragraph 4 is added by final provision 1.10 of Organic Law 7/2022 of 27 July. Ref. BOE-A-2022-12578

Paragraph 2 is amended by Art. 4.17 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.

The amount referred to in paragraph 2(2) by Annex II to Royal Decree 1417/2001 of 17 December is converted to EUR. Ref. BOE-A-2001-24625

Article 478. Competition. At the same time as resources.

1. The appeal is heard by the First Chamber of the Supreme Court.

However, it shall be for the Civil and Criminal Chambers of the High Courts of Justice to hear appeals against decisions of the civil courts based in the Autonomous Community, provided that the appeal is based, exclusively or together with other grounds, in violation of the rules of Community civil, foreign or special law, and where the corresponding Statute of Autonomy has provided for such attribution.

2. Where the same party lodges appeals against the same judgement with the Supreme Court and the High Court of Justice, the first decision shall be deemed not to have been lodged, provided that this is established.

Paragraph 1 is amended by Article 225.8 of Royal Decree-Law 5/2023 of 28 June. Ref. BOE-A-2023-15135

This amendment enters into force on 29 July 2023, as laid down in final provision 9 of the said Royal Decree-Law.

It is amended by art. 4.18 of Law 37/2011 of 10 October. Ref. BOE-A-2011-15937.