Step-by-step guide to the Spanish civil verbal trial: claim, defence, oral hearing, judgment and differences with the ordinary trial.
The verbal trial (juicio verbal) is the second declaratory procedure in the Spanish civil justice system, designed for lower-value or specially-natured cases. Regulated by articles 437 to 447 of the LEC, it is more agile and concentrated than the ordinary trial. Law 42/2015 of October 5 aligned the verbal claim with the ordinary one (Art. 437.1), and since 3 April 2025 Organic Law 1/2025 has rebuilt the stage that follows the defence (Art. 438): evidence is proposed through a procedural order, and the court rules by order on the admission of evidence and on whether a hearing is relevant. Every lawyer must understand both changes.
Article 250 of the LEC establishes that the verbal trial shall apply to:
Key difference from the ordinary trial: the EUR 15,000 threshold. If the amount is exactly EUR 15,000, the verbal trial applies. If it exceeds that amount, or if the economic interest cannot be calculated, the ordinary trial applies (Art. 249.2 LEC).
Important regarding legal representation: lawyer and procurador are not required in verbal trials determined by reason of the amount when it does not exceed EUR 2,000 (Arts. 31.2.1 and 23.2.1 LEC). Outside that case (for example, a verbal trial by reason of subject matter, even for a smaller amount), and subject to the other exceptions in those articles, parties must appear with a lawyer and a procurador.
Historically, the verbal trial began with a brief claim (demanda sucinta). Since 7 October 2015 (Law 42/2015), Art. 437.1 LEC provides that the verbal trial "begins with a claim, with the content and form of the ordinary trial, and the rules on preclusion of allegations and lis pendens of that trial also apply" (unofficial translation). The brief claim on standard forms remains for verbal trials in which no lawyer and procurador act (Art. 437.2 LEC).
By reference to Art. 399 LEC, the claim must contain:
Evidence is not proposed in the claim. Art. 437.1 does not mention it, and in the wording in force Art. 438.8 LEC places it after the defence: the Court Clerk serves the defence and gives both parties a joint period of five days to propose the evidence (see Phase 3).
Documents and expert reports: the claim is accompanied by the documents on which the right is based and the expert reports supporting the claims (Arts. 264 and 265.1 LEC). If the report cannot be filed with the claim, the claim must say so and, in the verbal trial, the report is filed as soon as available and in any case within thirty days of the filing of the claim or the defence (Art. 337.1 LEC). The claimant may also submit at the hearing documents and reports whose relevance only becomes apparent from the defence (Art. 265.3 LEC).
Practical tip for claimants: although the verbal trial is simpler than the ordinary one, do not neglect the claim. Allege every known fact and legal ground in the first brief, because they cannot be reserved for a later proceeding (Art. 400 LEC), and file the documents and expert reports with it. The remaining evidence is proposed within the period of Art. 438.8.
The Court Clerk examines the claim and admits it by decree, or refers it to the court in the cases of Art. 404 LEC. Once admitted, it is served on the defendant, who has 10 business days to answer in writing "in accordance with the ordinary trial" (Art. 438.1 LEC; non-business days are excluded from the count, Art. 133.2 LEC). This is half the ordinary trial period (20 days, Art. 404.1 LEC) and one of the most demanding aspects for defendants. A defendant who does not appear in time is declared in default under Art. 496 LEC.
The defence is drafted in the form of the claim (Art. 405.1 LEC) and must:
The defence does not include the evidence proposal: that comes afterwards, within the joint period of Art. 438.8 LEC.
Practical tip for defendants: 10 business days is very short. If you receive service, contact your lawyer immediately. Do not leave the defence to the last day: you will need time to gather documents, assess a counterclaim and, if needed, contact experts.
This is one of the most important and least known aspects of the current verbal trial. Under Art. 438.8 LEC (wording of Organic Law 1/2025, in force since 3 April 2025), once the defence and, where applicable, the counterclaim or set-off defence have been filed, or the time limits have elapsed, the Court Clerk issues a procedural order (diligencia de ordenación) that:
Within the same period the claimant may comment on the procedural objections raised by the defendant in the defence (Art. 438.8 LEC). In the three days following service of the evidence proposal, the parties may lodge the challenges provided for in Arts. 280, 283, 287 and 427 LEC (Art. 438.9 LEC).
Once that period ends, Art. 438.10 LEC provides that the court will rule by order, among other matters, on the challenge to the value of the claim, the procedural objections, the admission of the proposed evidence and "the relevance of holding a hearing, ordering, if it does not consider it necessary, that the case file be closed for judgment" (unofficial translation). It adds:
"When the only evidence admitted is documentary, and the documents have already been submitted without being challenged, or when expert reports have been filed and the court has not considered the experts' presence at trial relevant or useful, judgment shall be delivered without a prior hearing." (unofficial translation)
This means that:
Common and serious error: letting the joint five-day period lapse, or proposing only documentary evidence, assuming the hearing will be held automatically. Although the proposal may be completed at the hearing under Art. 429.1 LEC (Art. 443.4 LEC), the essentials should not be left until then.
Recommendation: as soon as you receive the procedural order of Art. 438.8, propose within those five days all the evidence you need (documents, party examination, witnesses, experts) and give the details needed to summon the witnesses and experts you cannot bring yourself. If your evidence is only documentary and already filed, bear in mind that the court may decide without a hearing.
If the court decides that a hearing is to be held, the Court Clerk summons the parties within the following five days, and the hearing must take place within a maximum of one month (Art. 440 LEC). It proceeds as follows:
a) Opening (Art. 443.1 and 443.2 LEC): The court opens the hearing and checks whether the dispute still subsists. If the parties reach an agreement they may withdraw or obtain court approval, and may request a stay to go to mediation or another adequate dispute-resolution method. Unlike the ordinary trial, there is no preliminary hearing like the one in Arts. 414 et seq.: procedural objections are resolved earlier, in the order of Art. 438.10, not at the start of the hearing.
b) Fact identification (Art. 443.3 LEC): If there is no agreement, the court gives the floor to the parties to make clarifications and to fix the facts on which there is contradiction.
c) Evidence presentation (Art. 443.4 LEC): If there is no agreement on all the facts, the admitted evidence is taken immediately, and the proposal may be completed under Art. 429.1 LEC. Unless the court orders otherwise, the order is that of Art. 300.1 LEC: examination of the parties, examination of witnesses, statements of experts, judicial inspection and reproduction of words, images and sounds. Rulings on the admission or rejection of evidence at the hearing can only be challenged by an appeal for reconsideration and, if it is dismissed, by a protest to preserve the party's rights on appeal (Art. 446 LEC).
d) Conclusions (Art. 447.1 LEC): Once the evidence has been taken, the court may allow a turn to present oral conclusions.
e) Judgment (Art. 447.1 LEC): Once the hearing ends, the court delivers judgment within 10 days, unless it rules orally (Art. 210.3 LEC); in eviction of urban property the period is five days. When no hearing is held because the cases of Art. 438.10 LEC apply, the court proceeds to deliver judgment without that step.
| Aspect | Verbal Trial | Ordinary Trial |
|---|---|---|
| Amount | Up to EUR 15,000 (and the subjects of Art. 250.1) | Over EUR 15,000 or incalculable interest (Art. 249.2) |
| Defence deadline | 10 business days (Art. 438.1) | 20 business days (Art. 404.1) |
| Preliminary hearing | None: screening is done in writing and by order (Art. 438.8 to 438.10) | Yes (Arts. 414 et seq.) |
| Oral hearing | Not automatic: the court decides whether it is relevant (Art. 438.10) | Trial is held, unless only unchallenged documents are admitted or expert reports without ratification (Art. 429.8) |
| Evidence proposal | After the defence, within a joint five-day period (Art. 438.8) | At the preliminary hearing (Art. 429.1) |
| Judgment deadline | 10 days from the hearing (Art. 447.1) | 20 days from the trial (Art. 434.1) |
| Appeal | Yes, unless it is a verbal trial by reason of amount not exceeding EUR 3,000 (Art. 455.1) | Yes (Art. 455.1) |
| Legal representation | Not required if verbal by reason of amount and not over EUR 2,000 (Arts. 23.2.1 and 31.2.1) | Yes, except for the exceptions in Arts. 23.2 and 31.2 |
Art. 250.1 LEC lists subject matters handled by verbal trial regardless of value:
Lexiel adapts its workflow engine to the verbal trial's particularities:
The verbal trial, despite its apparent simplicity, presents procedural pitfalls that can be fatal. The 2015 reform required a claim with the content of the ordinary one, and Organic Law 1/2025 moved the evidence proposal to a joint five-day period after the defence. Mastering paragraphs 8 to 10 of Art. 438 LEC (when and how evidence is proposed and when a hearing is held) is essential for any civil law practitioner.
Lexiel prepares the draft of the verbal claim and of the defence, and reminds you of the deadlines in business days. You review, sign and propose the evidence within the period of Art. 438.8. Don't risk your case over a formal defect.
Use code LEX-BLOG for double the standard trial period. Cancel anytime, no commitment.
Get started freeLiquidation of the community property regime (Arts. 1344-1410 CC) is one of the most complex divorce processes. We analyse which assets are community property and which are separate, how common charges and debts are calculated, and the inventory and allocation process.
Practical guide to the civil cassation appeal in Spain. Requirements, deadlines, casacional interest, format, and tips to avoid rejection. Arts. 477-489 LEC.
Step-by-step guide to debt collection in Spain. Pre-judicial phase (burofax), payment order procedure (Art. 812 LEC), verbal and ordinary proceedings, asset seizure, deadlines and procedural strategy.