Civil Verbal Trial: Step-by-Step Procedure (Arts. 437-447 LEC) : Lexiel

Civil Verbal Trial: Step-by-Step Procedure

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. Following the reform introduced by Law 42/2015 of October 5, the verbal trial has undergone substantial changes that every lawyer must understand.

When Does the Verbal Trial Apply?

Article 250 of the LEC establishes that the verbal trial shall apply to:

Claims whose amount does not exceed EUR 6,000 (Art. 250.2 LEC).
Specific subject matters under Art. 250.1 LEC, regardless of value: evictions for non-payment or lease expiry, summary possession protection, maintenance claims, rectification of facts, and others.

Key difference from the ordinary trial: the EUR 6,000 threshold. If the amount is exactly EUR 6,000, the verbal trial applies. If it exceeds that amount, the ordinary trial applies (Art. 249.2 LEC).

Important regarding legal representation: since the 2015 reform, lawyer and procurador representation is mandatory in all verbal trials exceeding EUR 2,000 in value (Art. 31.2.1 LEC). For claims up to EUR 2,000, parties may appear on their own behalf.

Phase 1: The Claim (Art. 437 LEC)

Historically, the verbal trial began with a brief claim (demanda sucinta). However, the Law 42/2015 reform has substantially aligned the verbal claim with the ordinary one. Article 437 LEC now requires the claim to contain:

Full identification of the parties.

Clear and ordered statement of facts.
Legal grounds.
Specific relief sought.
Proposal of evidence to be relied upon.

Critical change: since the 2015 reform, evidence proposals must be included in the claim (Art. 437.1 in fine LEC). This represents a radical change from the previous regime, where evidence was proposed at the hearing. Failure to comply may have serious procedural consequences.

Practical tip for claimants: although the verbal trial is simpler than the ordinary one, do not neglect the claim. Include all evidence you intend to use, as preclusion operates more strictly in this procedure.

Phase 2: Admission, Service and Defence (Art. 438 LEC)

Once the claim is admitted, the Court Clerk will serve it on the defendant, who has 10 business days to respond (Art. 438.1 LEC). This deadline -- half that of the ordinary trial -- is one of the most demanding aspects for defendants.

The defence must contain:

Procedural and substantive objections.
Evidence proposals (also must be included in the defence since the 2015 reform).
Counterclaim, if applicable (with the limitations of Art. 438.3 LEC: only if the counterclaim corresponds to the verbal trial by reason of amount or subject matter).

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.

Phase 3: Request for Hearing (Art. 438.4 LEC) -- CRITICAL POINT

This is one of the most important and least known aspects of the current verbal trial. Article 438.4 LEC provides that:

"If neither party requests the holding of a hearing in their respective claim and defence briefs, or when the only evidence proposed is documentary and these documents have already been submitted without being challenged, the court shall deliver judgment without further proceedings."

This means that:

If neither the claimant nor the defendant expressly requests a hearing, there will be no oral trial and the matter will be decided based solely on the briefs and documents.
The hearing request must be made in the claim itself (for the claimant) or in the defence (for the defendant).
If only one party requests it, the hearing will be held.

Common and serious error: many lawyers forget to expressly request a hearing, assuming it will be held automatically as before the reform. The result is losing the opportunity to present witness, oral expert, or party examination evidence.

Recommendation: ALWAYS request a hearing in the claim or defence, unless your only evidence is documentary and you are confident those documents suffice.

Phase 4: The Hearing (Arts. 443-447 LEC)

If a hearing has been requested, it will proceed as follows:

a) Opening and preliminary issues (Art. 443 LEC): The judge opens the hearing and resolves procedural issues. Unlike the ordinary trial, there is no separate preliminary hearing.

b) Fact identification: Parties may clarify and identify agreed and disputed facts.

c) Evidence presentation: Admitted evidence is presented in the usual order: party examination, witnesses, experts, and documents.

d) Conclusions: After evidence, parties present oral conclusions.

e) Judgment (Art. 447 LEC): The judge delivers judgment within 10 days of the hearing (Art. 447.1 LEC).

Key Differences: Verbal vs. Ordinary Trial

Aspect	Verbal Trial	Ordinary Trial
Amount	Up to EUR 6,000	Over EUR 6,000
Defence deadline	10 business days	20 business days
Preliminary hearing	None (integrated into hearing)	Yes (Arts. 414-430)
Oral hearing	Express request required (Art. 438.4)	Always held
Evidence proposal	In claim and defence	At preliminary hearing
Judgment deadline	10 days	20 days
Appeal	Yes (except amounts < EUR 3,000)	Yes
Legal representation	Mandatory if amount > EUR 2,000	Always mandatory

How Lexiel Automates the Verbal Trial

Lexiel adapts its workflow engine to the verbal trial's particularities:

Reduced deadline alerts: the system highlights the 10-day defence deadline and calculates business days precisely.
Automatic hearing request: Lexiel automatically includes the hearing request in draft claims and defences, avoiding the critical Art. 438.4 error.
Integrated evidence proposal: generates evidence proposals directly in the claim or defence brief, as required by the 2015 reform.
Procedure differentiation: detects whether the amount corresponds to verbal or ordinary proceedings.
Concentrated preparation: given the faster procedure, Lexiel prioritizes complete preparation from the start.
Opposing View: anticipates the defendant's strategy, crucial when preparation time between defence and hearing can be very brief.

Conclusion

The verbal trial, despite its apparent simplicity, presents procedural pitfalls that can be fatal. The 2015 reform transformed this procedure, demanding greater rigor from the initial briefs. Mastering the particularities of Art. 438.4 LEC and evidence proposals in the claim is essential for any civil law practitioner.

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