The Proof Note and the Pre-Trial Hearing

To understand the nature of the document known as "Nota de Prueba" in Spanish Civil Ordinary Proceedings, we have to understand the structure of the previous hearing or pre-trial hearing itself:

Firstly, the Judge asks the parties about the possibility of reaching an agreement. Some judges quickly move through this phase, while others insist and try to mediate to help the parties reach an agreement. At this point it is necessary to be precise and clear, without ambiguities—either there is a possibility of an agreement or not. If there is a possibility, it should be indicated the basis of the proposal that the parties would be willing to accept.

Secondly, procedural issues raised by the Judge, on their own initiative, or by the parties are addressed. These issues, if any, may prevent the valid continuation and conclusion of the process. None anticipated for this case.

Thirdly, the parties are given the opportunity to make additional or clarifying allegations.

Fourthly, the Judge allows the parties to comment on the evaluation of the documents and reports presented. If you want to challenge the authenticity of any document, this is the stage in the Pre-Trial Hearing when it should be done. If no document is contested, my advice is to only challenge the documentation in terms of its probative value.

Fifthly, the disputed facts of the case are established. The plaintiff’s side goes first in establishing the disputed facts, followed by the defendant’s side. However, in this stage of the Pre-Trial Hearing, sometimes it is the Judge who establishes the disputed facts, after which the parties are asked whether they agree with the facts determined by the Judge or if they wish to introduce additional facts. Some Judges, some times, may even omit this phase completely.

Sixthly, the Judge invites the parties to propose evidence. A copy of the proposed evidence (Proof Note or “Nota de Prueba”) must be provided for each party involved, as well as for the Judge. It is important to remember that the proposed evidence must be relevant and useful, and should relate to the previously established disputed facts.

Understanding these steps helps clarify the significance of the evidence proposal within the proof note, highlighting the need for thorough preparation and precise presentation.