The importance of Data and documents required for legal claims. (Firm Vicente Andrés Lucas) (Valencia)

The preliminary hearing today constitute a means of securing critical data available in litigation before a court. This is a case in which the future will demand a judicial body requests that the party shall be required to provide it such information and data about the identity of certain persons, the display of the thing or of documents relating to the subject litigation, it is necessary to file the lawsuit, thus ensuring some effectiveness of the action after exercise, in accordance with Article 256 of the Civil Procedure Act. Thus, it is configured as a pre-litigation procedure, which is voluntary for one side that request, and other requirements that are required, and Article 261 of the Act provides the procedure for getting interested in it if the other party refuses to provide it voluntarily.

It should also say at this point that this is justified to obtain information from third parties by petitioning mandatory within 20 working days from the completion of the preliminary hearing. Take, for example in the case of an accident, the injured party wants to sue the insurer caused the damage, ask the court to substantiate proceedings preliminary screening of the insurance contract. (Art.256.1. 2nd LEC), and in case of refusal, the court may order compulsory obtaining as recorded by the art. 261.2 º LEC.

Article 256.1. 2 º LEC "Every trial may be prepared by a request that the person you sue is intended to exhibit the thing in your possession and you have to refer the trial?. Art 261. 2 º LEC: "If the person summoned and required not complying with the requisition or Formulare opposition, the court, by Order, agree the following actions: if it had requested the exhibition of deeds and documents and the court estimate it that there is sufficient evidence that they can found in a particular place, order entry and registration of such places, procedures, if find, to take the documents and make them available to the applicant at the courthouse?. The Civil Procedure Law of 2000 has sought to reinforce this legal institution, giving it more effectively and making it a valuable tool to gather useful information that allows for adequate preparation of the subsequent trial, as enshrined in Article 261 entering and searching for data collection as long as "proportionate? required and have refused to provide them. Thus, budgets are admitted, first, the refusal of the required, and secondly, the appropriateness and proportionality of the measure called for in relation to the purpose that it pursues and the existence of a just cause and legitimate interest in the application for preliminary proceedings, these budgets which must be analyzed and appreciated by the judge who decides on the admission according to their audience.

From competition to decide on the preliminary Article 257.1 deals with the LEC, which is determined in favor of "the Judge of First Instance of the domicile of the person, if any, would have to declare, display or otherwise interfere in the proceedings may be agreed to prepare for trial?.

For the case provided for in paragraph 6 of art. 256.1 LEC, said the second paragraph of art. 257.1 LEC that "the court shall have jurisdiction before which is to be given specific demand?. So these measures have been demonstrating their importance to have the information and documents needed to file a lawsuit.

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VINCENT LUCAS 151 96 18 Valencia -