Access to evidence in Spain

Fernando Gascón Inchausti

Chapter 5 in Access to Evidence in Civil Procedure, 2026, pp 89-117 from Edward Elgar Publishing

Abstract: Access to information and evidence is a subject that is undergoing a clear transformation in Spanish law. The initial approach was restrictive and it was not always easy to access documents and other evidence held by the opposing party or third parties. The new Code of Civil Procedure of 2000 strengthened the judge's powers to order a party or third parties to produce documents in their possession, and this has led to a practice in which it is frequent to request and/or have to comply with orders for the production of documents. The transposition of the antitrust damages Directive served to introduce an even more incisive system of access to information and evidence, which also exists in other special sectors, such as intellectual and industrial property. For the future, in fact, the possibility of generalising such a comprehensive system is under discussion.

Keywords: Evidence; Access to evidence; Spanish civil procedure; Role of the judge; Evidence production; Securing of evidence (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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