Reading a court summons (citación) and what the hearing involves

Terms used

• Cédula — The cédula is the written court notification you receive, usually containing the summons, deadlines and instructions.
• Citación — A citación is a summons to appear at a stated place, date and time.
• Emplazamiento — An emplazamiento is a notice giving you a set period to appear in a case or answer a claim.
• Requerimiento — A requerimiento is a court order to do or stop doing something within a set time.
• Rebeldía — Rebeldía is the default status of a defendant who does not answer a claim; the case continues without them.
• Edicto — An edicto is a public notice published in an official gazette when the court cannot find you.
• Escrito — An escrito is a short written request or submission sent to a court.

Key rules

• Interpreter: Ask the court office in writing for an interpreter as soon as the summons arrives; no special form is needed.
• Your address: An address you give the court for notices is binding, so keep it current.
• Electronic notices: If you choose to receive notices electronically, you must keep using that channel.
• Valid excuse: Proof of a valid reason for missing a hearing avoids penalties only if you give it in advance.
• Civil claim: Ignoring a civil claim lets the case go on without you and can end in a judgment against you.

Start with the cédula

A court notice arrives as a written document called a cédula. Read it first for three things: what kind of notice it is, where and when you must act, and which court sent it. Then ask for an interpreter straight away if you need one. The checklist below walks you through this.

Three notices that look alike

• Citación: you must appear at a stated place, date and time, for example to testify or attend a hearing.
• Emplazamiento: you get a set period to appear in the case or answer a claim. In a civil claim this can be 20 days. The deadline depends on the procedure, so use the date written in your notice.
• Requerimiento: an order to do or stop doing something within a set time, such as paying or producing documents.

If you cannot tell which one you have, or by when you must act, ask a lawyer to read it before the deadline.

How the court reaches you

The court office can serve a notice at your home, by post with proof of receipt, by hand through a court officer or the police, or electronically. In criminal cases, police often hand the summons to a suspect in person. You usually sign a note giving an address.

• The address you give counts. An address you give the court for notices is binding, even if you move. Keep it up to date.
• Electronic notices: companies, lawyers and other professionals must use them. As an individual you may choose them, but once you do, you must keep using them.
• If the court cannot find you, it tries addresses from public registers. After that it publishes a public notice (edicto) in an official gazette. You can then be served without ever seeing the paper.
• If you live abroad, the court serves you through international cooperation channels.

What missing it costs

Penalties depend on the type of case and the judge. A valid reason, proven in advance, avoids them.

• Criminal: a witness who fails to appear without justification can be fined, and may face a disobedience offence. A suspect can be brought in by force or arrested, and in serious cases held in provisional prison. Some minor-offence trials can go ahead without you.
• Civil: if you do not answer a claim, you are declared in default (rebeldía). The case goes on without you and can end in a judgment against you. A witness or party who does not attend can be fined. If a party does not attend the hearing, the court may treat the facts as admitted.
• Labour: if you are the worker who brought the claim and you miss the conciliation or trial without justification, the claim is treated as withdrawn and filed away. If the employer fails to attend, the trial goes ahead without them.

Ask for an interpreter early

If you do not speak Spanish, ask in writing as soon as the summons arrives. Address it to the court office that issued it. Give the case number, the language you need and the hearing date. No special form exists. A short written request (escrito) or a statement at the court office is enough.

• Criminal cases: you have the right to a free interpreter from your first police or court contact. Your defence lawyer normally makes the request.
• Civil and labour cases: the court can appoint an interpreter for a party or witness who does not understand Spanish. File the request days before the hearing so the court can book one. Cost rules differ from criminal cases, so ask the court office who pays.

Keep a copy of your request with the date you sent it.

If you cannot attend

Send proof of your valid reason to the court before the hearing, not after. Ask a lawyer how to do it for your type of case.

Timeline and deadlines

• Read the cédula and identify whether it is a citación, emplazamiento or requerimiento: as soon as it arrives

• Ask the court office in writing for an interpreter if you do not speak Spanish: as soon as the summons arrives, and days before the hearing so the court can book one

• Answer the claim if you received an emplazamiento: within the period stated in the notice, for example 20 days to answer a civil claim

• Do what a requerimiento orders, such as paying or producing documents: within the time set in the notice

• Attend the hearing at the stated place, date and time: on the date in the citación

Documents you need

• The cédula, the written court notification you receive. It is issued by the court and contains the summons, deadlines and instructions, so keep it and read it in full.

• A short written request for an interpreter (escrito), addressed to the court office that issued the summons, with the case number, the language you need and the hearing date. Needed only if you do not speak Spanish.

• Proof of a valid reason for missing the hearing, if you cannot attend. Provide it to the court in advance.

Checklist

• Find out which kind of notice you have: a citación to appear, an emplazamiento giving time to respond, or a requerimiento ordering you to act.

• Note the place, date, time and any deadline written in the cédula.

• Check that the address the court used for you is correct, because an address you gave the court for notifications is binding.

• Decide whether to receive notices electronically, because once you choose that channel you must keep using it.

• Ask a lawyer to explain the notice if you cannot tell what it requires or by when.

• Gather proof of a valid reason in advance if you cannot attend.

What to watch out for

• Missing a criminal summons: A witness who fails to appear without a good reason can be fined. A suspect can face a compulsory appearance order or arrest warrant, and in serious cases provisional prison. Attend, or send proof of a valid reason to the court in advance.

• Ignoring a civil claim: If you do not answer, you are declared in default (rebeldía) and the case continues without you, which can end in a judgment against you. If you miss the hearing, the court may treat the facts as admitted. Answer within the period in the notice and attend the hearing.

• Missing a labour hearing: If you are the claimant and do not attend the conciliation or trial without a valid reason, your claim is treated as withdrawn and filed away. If you are the employer, the trial goes ahead without you. Prove your reason for absence to the court before the hearing.

Frequently asked questions

What is the difference between a citación and an emplazamiento?

A citación orders you to appear at a stated place, date and time, while an emplazamiento gives you a period to respond or appear in the case. For example, an emplazamiento in a civil claim can give you 20 days to answer. A requerimiento is different again: it orders you to do or stop doing something within a set time.

Can a court serve a summons on me if I never gave the court my address?

Yes, the court can serve you at an address it finds in official registers such as the padrón, and if it cannot find you it publishes an edict (edicto) in the official judicial notice board. An address you give the court for notifications is binding.

How do I ask the court for an interpreter for my hearing?

Send a short written request to the court office that issued the summons as soon as it arrives, giving the case number, the language you need and the hearing date. No special form exists, and a statement at the court office is also enough.