What happens at a civil hearing and how long a case takes

Terms used

• Procurador — The procurador is the court representative who files documents and receives court notices on your behalf, mandatory in many civil cases.
• Audiencia previa — The audiencia previa is the pre-trial hearing in an ordinary civil case, where the court tries to encourage a settlement and decides on evidence.
• Juicio verbal — The juicio verbal is a simpler civil procedure that has a single hearing.
• Juicio ordinario — The juicio ordinario is the standard civil procedure, with a pre-trial hearing and a trial.
• Vista — The vista is the hearing in a juicio verbal, which works as the trial.
• Interrogatorio — The interrogatorio is the questioning of a party by the court and the other side at trial.

Key rules

• Your lawyer: Your lawyer, and your procurador where mandatory, must attend the hearings.
• Questioning: You must attend in person if you are called to answer questions, or the court may treat facts against you as admitted.
• Claimant absence: If you are the claimant and miss the vista without good cause, your claim is treated as withdrawn.
• Duration: A first-instance case usually takes several months to over a year.

The short answer

Your lawyer must attend every hearing. You usually do not, unless the court calls you to answer questions. You can often join by videoconference. A first-instance case typically takes from several months to over a year.

The stages

Which hearings you get depends on the type of case.

Ordinary case (juicio ordinario). There are two hearings:

1. The audiencia previa is a pre-trial hearing. The court checks the case is properly set up, tries to encourage a settlement and decides which evidence to allow.
2. The trial itself, where evidence is heard and the lawyers sum up. The judge then issues a written judgment (sentencia) later.

Simpler case (juicio verbal). There is one hearing, the vista, which works as the trial. These cases generally finish faster than ordinary ones.

Who must attend

Pre-trial hearing. Your lawyer must attend. So must your procurador, where one is mandatory. A procurador is the court representative who files documents for you. You do not need to go in person if your procurador has power to settle or waive the claim. The court can still require you to come if it wants the parties to try to settle.

Trial or vista. Lawyers and procuradores must attend. You attend only if you are called to answer questions (interrogatorio). Witnesses and experts attend when summoned.

What happens if someone does not show up

• Pre-trial hearing, nobody attends: the case is closed without a judgment and archived.
• Only the defendant is absent: the hearing goes ahead.
• Only the claimant is absent: the hearing goes ahead, unless the defendant says they have a legitimate interest in getting a judgment.
• No lawyer or procurador when one is required: this counts as you not appearing.
• Vista, claimant absent without good cause: the claim is treated as withdrawn. The court may order costs and a fine for bad faith.
• Vista, defendant absent: the trial goes ahead without you.
• Called to answer questions and you do not come: the court may treat facts against your interest as admitted.
• Witnesses who do not come without good reason: they can be fined.

Attending by videoconference

Yes, it is possible. You, witnesses and experts can join by video if the court has the equipment. You must be somewhere your identity can be checked, usually a court or other judicial office. If you live outside the court's district, you may be able to use the court nearest to you. The court decides, and it can require you in person for something like questioning at the trial. Ask the court early and say where you would join from.

How long it takes

Expect from several months to over a year to reach a judgment. The time varies a lot by court and city. Busy courts in big cities are usually slower than small-town courts. Ask the court or your lawyer how long similar cases are taking locally.

Some cases must first go through an attempt at alternative dispute resolution before you can sue. Ask your lawyer whether that step applies to you, because it affects your start date.

The checklist below covers what to prepare.

Checklist

• Arrange for a lawyer, and a procurador (court representative) where one is mandatory, to attend the pre-trial hearing and the trial with you.

• Ask your procurador whether they have power to settle or waive the claim, so you can skip the pre-trial hearing in person.

• Ask your lawyer whether you will be called to answer questions at the trial, because then you must attend in person.

• Ask the court whether you can attend by videoconference, and where you would join from so your identity can be checked.

• Plan for a first-instance case to take from several months to over a year, and ask the court how long cases of your type are taking.

What to watch out for

• Missing the pre-trial hearing: If neither side attends, the case is closed without a judgment and archived. If only you as claimant are absent, the hearing goes on only if the other side asks for a judgment on the merits. Having no lawyer or procurador when one is required counts as not attending. Make sure your lawyer and procurador are booked for the date, and warn them at once if you cannot attend.

• Missing the trial as claimant: If you are the claimant and do not appear without a valid reason, the court treats the claim as withdrawn and can order you to pay costs, and possibly a fine for bad faith. If the defendant is absent, the trial goes ahead without them. Tell the court and your lawyer immediately, with proof, if a real emergency stops you attending.

• Not appearing to answer questions: If you are warned to appear for questioning and do not, the court may treat facts against your interest as admitted. Witnesses who fail to come without a valid reason can be fined. Attend when called, and make sure your witnesses know the date and that they must come.

Frequently asked questions

Do I have to go to the hearing myself if I have a lawyer?

Not always: at the pre-trial hearing (audiencia previa), you can stay away if your procurador has power to settle or waive the claim. The court can still order you to come in person to try a settlement. At the trial itself, you attend only if you are called to answer questions.

Can I attend a civil hearing by videoconference?

Yes, parties, witnesses and experts can attend by videoconference, but the court must authorise it and have the equipment.

How long does a first-instance civil case take to reach a judgment?

It typically takes from several months to over a year, and it varies widely by court and city. A juicio verbal is generally faster than a juicio ordinario.