Legal news blog
Arranz Abogados

New verbal trial after the reform of law 42/2015


In verbal trials based on the matter, the intervention of a lawyer and attorney will always be mandatory.

On the contrary, when due to the amount, the intervention of a lawyer and attorney will be mandatory in claims for amounts that exceed 2000 euros.

Once the claim is admitted, the defendant will be sent to respond in the ten day period, as if it were an ordinary procedure.

In this case the defendant can to answer to the claim opposing, do not answer on demand, request compensation or make a counterclaim. If you do not appear, you will be declared in default.

It is important to say that the defendant may reprimand in his response brief, notifying the plaintiff so that in the ten day period I answered.

Likewise, within the 10 day period to answer interpose declination, suspending the response period.

One of the new features introduced is the need to request a HEARING by the parties, specifically the hearing is requested by the defendant in his response, after which and if the Judge considers that it is necessary, he will be notified by within three days to the plaintiff to rule on whether or not, it is enough for one of the parties to request a hearing for it to be held and be noted in the within five days. If none is requested, and the Judge does not consider it necessary, he will proceed to issue a sentence.

It is advisable to request a hearing, since it can be withdrawn if we consider that the discrepancy only affects legal issues, making a writing that will be sent to the other party so that they can formulate allegations within a period of three days.

Once the hearing has been scheduled, within a period of five days, they will be asked to indicate in the within five days the witnesses or experts who must be summoned by the Court.

Five days before the hearing, the parties must know the expert evidence in order to have the defense prepared.

Once the hearing has begun, the Judge urges an agreement. If there is, it is approved and has executive force. If the parties are interested in reaching an agreement, the procedure is suspended during the period provided for in article 19.4 LEC.

If an agreement is reached, it is approved, and if not, a letter is made to the Court to continue the hearing, which will be governed by the general rules.

Regarding the conclusions process, it is important to know that article 447 LEC states that the Court MAY grant the processing of conclusions, so as it is not mandatory, it must be consulted before the start of the hearing.

Once the process of conclusions is completed, if any, the procedure is seen for sentencing in the ten day period.

Those Verbal Trials whose amount does not exceed 3000 euros, the sentence is final and there is no appeal, those with a higher amount are appeal.

In conclusion, the new features introduced in the verbal trial are:

1.- It is a written procedure, both the demand and its response.

2.- The request to hold a hearing is optional.

3.- The procedural deadlines are modified.

4.- A request for questioning may be requested within 5 days from the summons for the hearing.

5.- Fits appeal for reconsideration and protest against the admission of evidence.

6.- The conclusions process appears.

7.- The application of a lawyer and attorney is mandatory due to the matter.

8.- In the procedures that result from a monitoring, It is sent to the opposition actor to challenge it, the actor does not file a lawsuit.