I have a claim in the Spanish Courts against my resort, on the hearing date will I need to travel to Spain?
Share
1 Answer
You must login to add an answer.
Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Dear Susan 74,
The obligation to attend the trial depends on each court and each specific case.
The trial is the procedural moment to practice the evidence that has been admitted in the Preliminary Hearing, therefore, the attendance of the clients to the trial is subject to whether in the Preliminary Hearing the statement of the plaintiffs was admitted as evidence or not.
In this sense, we often find that the judges want the clients to come without the possibility of exoneration and, nevertheless, other times, the trial does not even take place, since the judges consider the documents provided by the parties at the Preliminary Hearing sufficient to be able to issue a sentence and thus finalize the procedure.
In the event that your attendance is impossible, what is recommended is that you provide a document, signed by you, stating the reasons why you cannot attend, such as medical reasons, work commitments or economic problems.
That said, in the times we are living in due to the Covid 19, more and more courts are encouraging to make the statements of the parties, witnesses and even to hold trials via videoconference. Unfortunately, not all courts are equipped with the appropriate technologies to do so, so, as we have indicated above, the obligation for clients to attend the trial will depend on each specific case.