What evidence counts in a Spanish civil case

Terms used

• Demanda — The demanda is the written claim that starts a civil case.
• Contestación — The contestación is the defendant's written reply to the claim.
• Audiencia previa — The audiencia previa is the preliminary hearing where the parties propose their evidence in an ordinary procedure.
• Perito — A perito is an expert who gives the court a technical opinion.
• Dictamen — The dictamen is an expert's written report.
• Costas — The costas are the legal costs of a case, normally paid by the losing side.
• Traductor-intérprete jurado — A traductor-intérprete jurado is a sworn translator whose translations are officially accepted.

Key rules

• Timing: Attach your documents and expert reports to your first filing; late additions are allowed only in limited cases.
• Messages: If the other side challenges your screenshots, you must prove they are authentic, usually with an expert report.
• Foreign documents: Every foreign document needs a Spanish translation, and public ones may also need an apostille or legalisation.
• Witnesses: You must give the court each witness's name and address.

The short answer

Spanish civil courts accept documents, electronic messages, witness testimony and expert reports. What matters is that each item is genuine, can be proved genuine if challenged, and is put forward at the right stage. Most documents must go in with your first filing, not later.

Documents

Attach your documents to your claim (demanda). The other side attaches theirs to its reply (contestación). Contracts, quotes, invoices, proof of payment and written demands are the usual items. Keep the originals safe. The checklist below lists what to gather before you sue.

A document you only learn of later, or that did not exist earlier, can sometimes be added. Do not count on it. Courts admit late documents only in limited cases.

WhatsApp, email and other messages

Courts accept electronic messages as evidence. You normally submit printed copies or screenshots that show dates and senders.

If the other side challenges them, you must prove they are authentic. Unchallenged screenshots can serve as evidence. Challenged ones need more proof. That is usually an expert report on where the messages came from and whether they are intact, or a notary's record. The judge then weighs everything freely (sana crítica), so strong supporting proof helps.

Witnesses

You propose witnesses (testigos) yourself and must give their names and addresses. They testify orally at the trial. The court may limit how many it hears. Collect their contact details early.

Experts

An expert (perito) helps on technical points such as building defects, valuations or damages. You have two routes:

• Hire your own expert and attach the report (dictamen) to your claim or your reply.
• Ask the court to appoint one. The party who asks usually advances the cost. If you qualify for legal aid, the state pays.

Experts generally must confirm (ratify) their report at the trial. Expert costs are part of the legal costs (costas), so the usual rule applies: the losing side normally pays.

If you cannot attach a report yet, announce it in your filing and deliver it within the time the court sets.

Foreign documents

Every foreign document needs a Spanish translation, or one in the region's co-official language. A simple translation is enough unless the other side challenges it. Then you will typically need a sworn translation by a traductor-intérprete jurado.

Public documents also need formalities:

• Countries in the Hague Apostille Convention: add an apostille.
• Other countries: consular legalisation is needed.
• EU public documents: no apostille or legalisation, and translation is simpler.
• Some countries have treaties that waive legalisation.

A private document needs no apostille, but the other side can still challenge its authenticity.

When to put evidence forward

In an ordinary procedure, attach documents and reports to the claim and the reply. Then propose your evidence at the preliminary hearing (audiencia previa). Witnesses and experts appear at the trial (juicio).

In a verbal procedure, the claim is short and your documents and reports go with it. You propose evidence orally at the hearing and must say whether you need experts present.

The timeline below shows the order.

Timeline and deadlines

• Attach your documents and expert reports to the claim (demanda) in an ordinary procedure: when you file the claim

• The other side attaches its documents and reports to its reply (contestación): when it files its reply

• Propose your evidence at the preliminary hearing (audiencia previa): at the preliminary hearing, before the trial

• Attend the trial (juicio), where witnesses testify and experts ratify their reports: after the preliminary hearing

• In a verbal procedure, attach documents and reports to the short claim: when you file the claim

• In a verbal procedure, propose evidence orally and say whether you need experts present: at the hearing (vista)

Documents you need

• Printed copies or screenshots of WhatsApp messages, emails and other electronic messages, showing dates and senders. If the other side may challenge them, add an expert report on where they came from and whether they are intact, or a notarial record.

• A Spanish translation of every foreign document (or in the region's co-official language). A simple translation is enough unless the other party challenges it.

• A sworn translation by a traductor-intérprete jurado, needed if the other party challenges a simple translation.

• An apostille on each public document from a country in the Hague Apostille Convention. Public documents from other countries need consular legalisation instead, and EU public documents need neither.

• Your own expert report (dictamen), attached to your claim or your reply to the claim. A court-appointed expert is the alternative, requested from the court.

Checklist: evidence to gather before you sue

Evidence to gather before you sue

• Collect written contracts, quotes and general terms, and keep the originals.

• Gather proof of payment: bank transfers, receipts and invoices.

• Save emails and WhatsApp messages with their dates and sender details, and print copies or screenshots.

• Ask an IT expert for a report on where your messages came from and whether they are intact, or get a notary to record them, in case the other side challenges them.

• Take photographs and collect documents that show the defect or loss.

• Write down the name, address and contact details of each witness (testigo), because you must give names and addresses to the court.

• Hire an expert (perito) for technical issues such as building defects, valuations or damages, and attach the report to your claim.

• Add the invoices and your written demands for payment if the claim is about a debt.

• Add the deed, lease and land registry extracts if the claim is about property or a rental.

• Add the proof of purchase and your complaints if it is a consumer claim.

• Get a Spanish translation of every foreign document, and ask for a sworn translator (traductor-intérprete jurado) if the other side may challenge it.

• Get an apostille on foreign public documents from countries in the Hague Apostille Convention, or consular legalisation for other countries; EU public documents are exempt.

• Put all your evidence in order before filing, with copies of the originals.

Frequently asked questions

What happens if the other side challenges my WhatsApp screenshots?

If the other side challenges your WhatsApp screenshots, you must prove they are authentic. This is usually done with an expert report (pericial informática) on where the messages came from and whether they are intact. Screenshots nobody challenges can serve as evidence on their own.

Do I need a sworn translation for a foreign document?

No, a simple translation into Spanish is enough at first, unless the other party challenges it. If it is challenged, you will usually need a sworn translation (traductor-intérprete jurado). Documents in the co-official language of the region follow the same rule.

Does a foreign public document always need an apostille?

No, an apostille is needed only for public documents from countries in the Hague Apostille Convention. Documents from other countries need consular legalisation, and EU public documents are exempt from both.

Who pays for an expert (perito) in a civil case?

The party who asks for a court-appointed expert usually advances the cost, unless legal aid applies and the state pays. If you hire your own expert, you pay and attach the report to your claim. Expert costs form part of the court costs (costas), which the loser generally pays.

Can I add a document after I have filed my claim?

Yes, but only in limited cases, such as documents that are new or that you learned of later. Otherwise your documents and expert reports must go in with the claim or the reply.