Filing of judicial writs state of alarm coronavirus crisis

Lawyers and Solicitors can file legal writs again from Wednesday 15 April 2020 in flat Coronavirus crisis and still in a state of alarm. If you have any legal matter, please contact our law firm, which will assist you in any of the offices in Madrid or by videoconsultation.

This is the full text of the communication made by the General Council of the Judiciary: 

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As from next Wednesday 15 April. Subsequent processing will be suspended as soon as it gives rise to a procedural action that opens a time limit, except in the case of actions declared essential. The Standing Committee calls on the Administration to ensure that the judicial bodies have the necessary personnel and material resources to carry out these proceedings.

Author

Communication Judicial Power

The Permanent Commission of the General Council of the Judiciary has agreed today, in agreement with the Ministry of Justice, to lift from next Wednesday 15 April the limitations established on 18 March on the submission of documents by telematic means through LexNET or the equivalent systems set up in Aragon, Cantabria, Catalonia, Navarre and the Basque Country.

"The evolution of the circumstances of the health crisis caused by COVID-19 allows us to contemplate a new scenario of increased activity in all sectors, and in particular in the functioning of the administration of justice, which authorises us to lay the foundations for the full restoration of the public service provided by the exercise of the jurisdictional function, thereby avoiding its paralysis and collapse with the subsequent harm to the rights and interests of individuals," the judges' governing body points out.

In this way, in non-essential proceedings and services "it will be possible to file the initiating documents of the proceedings, their registration and distribution, as well as their processing in accordance with the applicable procedural rules until such time as it gives rise to a procedural action that opens a period that must be suspended by virtue of the second additional provision of Royal Decree 463/2020", by which the state of alarm was declared.

The agreement adds that "the same shall apply to procedural pleadings, not linked to interrupted or suspended terms or deadlines, and until they give rise to procedural actions that open procedural deadlines that must be suspended" by virtue of the aforementioned additional provision.

This rule shall apply both to proceedings at first instance and to proceedings at successive instances and on appeal. It shall also apply to proceedings of the Civil Registry that are not considered essential.

The actions and services will be carried out in accordance with the available personnel resources, the sufficiency of which will be assessed on a weekly basis by the Joint CGPJ-Ministry of Justice Commission set up to evaluate the effects of the provisions adopted as a result of the COVID-19 pandemic on the functioning of the Administration of Justice and to adopt the appropriate measures.

In this regard, the judges' governing body has today called on the Administration to adopt the necessary measures to ensure that the judicial bodies have the necessary personnel and material resources to carry out the aforementioned actions, which will be monitored on a weekly basis by the aforementioned Joint Commission.

With regard to the actions declared essential, the telematic presentation of pleadings and documents, their registration, distribution and dispatch in the ordinary manner shall be maintained, without these procedures being affected by the suspension and interruption of procedural terms and deadlines....".