How to File an Ordinary Civil Claim in Spain: Practical Guide (Arts. 399-405 LEC)

# How to File an Ordinary Civil Claim in Spain: Practical Guide

The ordinary trial (juicio ordinario) is the most widely used civil procedure in Spain for claims exceeding €6,000 and for matters expressly assigned to this route by Art. 249 LEC.

When Does the Ordinary Procedure Apply? (Art. 249 LEC)

1. By value: claims exceeding €6,000 or of undetermined value (when the summary procedure is not applicable by subject matter)
2. By subject matter, regardless of value: personal dignity rights, challenge of corporate resolutions, unfair competition, IP infringement, unlawful advertising, standard contract terms, urban leases, horizontal property, pre-emption rights

Claim Structure (Art. 399 LEC)

The ordinary claim must contain:

1. Header: court, parties' details, legal representatives
2. Facts: numbered, ordered narrative, these determine the burden of proof (Art. 217 LEC)
3. Legal grounds: substantive (Civil Code, etc.) and procedural (jurisdiction, capacity, procedure)
4. Prayer for relief (petitum): the specific order sought, must be precise; this limits the scope of the proceedings

Documents to Attach (Arts. 264-265 LEC)

• Notarised power of attorney for the court agent
• Documents on which the claim is based (contracts, invoices, emails, certified delivery receipts)
• Expert reports relied upon
• Capacity documents for legal entities

Documents not submitted with the claim can generally not be admitted later (Art. 270 LEC exceptions: unknown at filing, or needed in response to the defence).

Key Timelines After Admission

1. Service on defendant: 20 working days to file defence
2. Pre-trial hearing: 20-60 days after defence, fixes issues, attempts settlement, admits evidence
3. Trial: 1+ months after pre-trial (court-dependent)
4. Judgment: 20 days after trial (Art. 434 LEC)

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