The function of proposition and admission of evidence in the preliminary hearings

Abstract

One of the innovations of Civil Procedural Law 1/2000 of January 7th, 2001 is the introduction of a preliminary oral hearing following the parties’ initial allegations. In drafting the 2001 law, legislators set several goals for this preliminary oral hearing, ranging from the conciliation of the dispute, the proposition and admission of evidence, to the elimination of procedural obstacles and the identification of the issues under dispute. This article analyses the legislative goal of the proposition and admission of evidence in preliminary hearings, and each provision contained in Articles 429 and 430 of Civil Procedural Law 1/200. This includes how the evidence is proposed to the prerequisites of the admission of evidence, faculty to rule that the evidence is not sufficient, and aspects related to the date of the trial.Published online: 25 November 2014

Keywords

• ley de enjuiciamiento civil
• audiencia previa
• función de proposición y admisión de los medios de prueba