When can I provide documentation and evidence?

Timing of evidence in civil proceedings

28 / Dec

In Spanish civil lawsuits, the time to provide evidence depends on the type of document and the procedural stage of the proceedings. The law establishes three ordinary moments for submitting evidence: during the presentation of the claim, when answering the claim and at the oral hearing.

There are also special modalities, such as anticipated evidence and the securing of evidence, which will be analysed in future articles.

Types of evidence

Before addressing the procedural moments of production, it is important to understand the types of evidence that can be presented.

  1. Documentary:
    Documentary evidence is the most common and includes:

    • Contracts
    • Deeds
    • Expert reports
    • Invoices
    • Photographs
    • Call logs
    • WhatsApp messages (presented by screenshots, not transcripts).
  2. Testimonials:
    These include interrogatories of the parties and testimonies of third parties, such as expert witnesses or witnesses. This type of evidence is generally presented and practised at the oral trial or at the hearing of oral trials, except for legally established exceptions.
  3. Audiovisual:
    Audio or video recordings may be submitted provided that the party submitting them has participated in the recorded act.

Evidence in the (defence to the) claim

The ideal time to submit evidence is at the time of filing the (defence to the) claim. This is the only point in the proceedings at which evidence that already existed prior to the filing of the statement of defence must be produced.

Any pre-existing evidence that is not included at this stage is inadmissible at trial, unless good cause is shown, such as the impossibility of obtaining the document due to non-cooperation of the other party.

Evidence at the hearing

At this stage, it is possible to propose new evidence, provided that it relates to facts or documents that arose after the initial pleadings (claim or defence) were filed.

For example:

  • Minutes of the anual general meeting held after the lawsuit was filed.
  • An invoice issued days before the hearing.

If the document is dated prior to the filing of the pleading but could not be obtained in time, it is likely to be rejected by the court. Even if the document is ‘new’ to the party providing it, if it is dated at an earlier time, it will be considered as untimely evidence and will not be admitted, unless an exceptional circumstance is shown.

Selena Escandell Beutick