Language help in Spanish proceedings: interpreters and translated papers

Key rules

• Interpreter: Tell the court early if you or a witness does not understand Spanish, so it can appoint one.
• Legal aid: With justicia gratuita the interpreter is free; without it, you generally pay.
• Co-official languages: In regions with a co-official language, you may use it in court, speaking or writing.
• Foreign documents: You supply the translation of any foreign-language document you file.

Do you get an interpreter?

If you or a witness does not understand Spanish, the court can appoint an interpreter. Tell the court as early as you can, so it can arrange one. The rules differ by type of proceeding, and this page covers civil cases and cases against public bodies (administrative litigation). In those cases the court follows the same civil rules. For other types of proceedings, such as criminal cases, ask your lawyer or the court what applies to you.

Who pays for the interpreter?

If you qualify for legal aid (justicia gratuita), the interpreter's cost is covered. Ask early whether you qualify.

If you do not qualify, you generally pay. The cost counts as part of the costs of the case, so the court's ruling on costs (costas) decides whether the other side must repay you if you win.

Can you use Catalan, Basque, Galician or another co-official language?

Yes, if the court is in a region with a co-official language, such as Catalan, Valencian, Basque or Galician. Judges, lawyers, procuradores, parties and witnesses may use that language, in speech and in writing. Proceedings in that language are valid, and nobody may be put at a disadvantage for using it.

In regions where only Spanish is official, Spanish is required.

If you cannot understand or be understood in the language being used, and you could be left defenceless, tell the court. It must then arrange a translation or an interpreter.

Documents written in a co-official language and filed in that region need no translation. A translation is needed only if the document must take effect outside the region, or if a party says it leaves them defenceless. When documents go to bodies outside the region, the court translates them itself.

Documents in a foreign language

You must file any foreign-language document with a translation, and you supply it yourself. A simple private translation is enough to start with.

The other side has five days to challenge its accuracy. If nobody challenges it, it is accepted. If it is challenged, the court may order a sworn or official translation.

If the challenge fails because your translation was accurate, the challenger pays for the new one. Otherwise the cost falls on you. Like other costs, it can be recovered through the costs ruling if you win.

The timeline, documents list, checklist and questions below cover the steps in more detail.

Timeline and deadlines

• File your foreign-language document together with your own translation: when you file the document

• The other side can challenge your translation's accuracy: within 5 days of receiving it

• Your translation is accepted if nobody challenges it: after the 5 days pass without a challenge

• The court may order a sworn or official translation: if the other side challenges the translation

Documents you need

• A translation of any foreign-language document you file, which you supply yourself. A simple private translation is enough to start.

• A sworn translation by a traductor-intérprete jurado (a translator officially sworn in Spain), only if the other side challenges your translation and the court orders one.

• A translation of a document in a co-official language, only if it must take effect outside that region or a party says it cannot understand it.

Checklist

• Check whether your court is in a region with a co-official language, such as Catalan, Basque or Galician.

• Tell the court if you cannot understand or be understood in the language used, so it arranges a translation or interpreter.

Check with the court how interpreter costs apply to your case, and whether you qualify for legal aid.

Frequently asked questions

Can I use Catalan, Basque or Galician in a court case?

Yes, if the court is in a region with its own co-official language, you can speak and write in that language, and the case stays valid. Nobody may be put at a disadvantage for doing so. This does not apply to courts in Castilian-only regions, where Spanish is required.

Do I need to translate documents written in Catalan or Basque?

No, documents in a co-official language filed in their own region need no translation. You only need one if they must take effect outside that region or a party says it cannot understand them.

Who pays if the other side challenges my translation?

If the other side challenges your translation and it proves accurate, the challenger pays for the sworn or official translation the court orders. If the translation is wrong, the cost stays with you as the party who filed it. If you win the case, you may recover translation costs through the ruling on costs.

Do I get a free interpreter if I have legal aid?

Yes, if you have legal aid (justicia gratuita), interpreter costs are covered as part of your benefits. Without it, you generally pay the interpreter yourself, as part of the case costs.