SPAIN Law and Practice Contributed by: Xavier Moliner and Juan Martínez, Faus Moliner
• if the parties agree to do so, or if the defendant appears before a Spanish court (this shall not apply where appearance was entered to contest the jurisdiction); • regarding non-contractual obligations, when the harmful event has occurred in Spain; and • in matters related to consumers if the consumer has its habitual residence in Spain. 2.5 Pre-Action Procedures and Requirements for Product Liability Claims As of 3 April 2025, claimants in product liability mat - ters may attend a prior appropriate alternative dis - pute resolution (ADR) negotiation before initiating civil or commercial court proceedings (this includes any product liability claim). Appropriate ADR refers to “any type of negotiation activity undertaken in good faith by the parties to a dispute with a view to finding an out- of-court solution to the dispute, either by themselves or through the intervention of a neutral third party”. Organic Law 1/2025 lists a number of systems to be considered as appropriate ADR methods, including: • mediation or conciliation; • a confidential binding offer, acceptance of which is irrevocable; • a neutral, non-binding and confidential opinion of an independent expert, to which the parties may voluntarily adhere; • direct negotiation between the parties or with the intervention of their lawyers; and • submission to a collaborative law process, consist - ing of a negotiation in which the lawyers involved will waive the right to represent their clients in court if they do not achieve a total or partial solution to the dispute. 2.6 Rules for Preservation of Evidence in Product Liability Claims Before the initiation of any court proceeding, the one who intends to initiate it or any of the litigants during the course thereof may request the court to adopt, by means of an order, any useful measures to prevent the destruction of any evidence due to human conduct or natural events. Among other things, the applicant for the adoption of any of these measures should prove that:
• the evidence to be insured is possible, pertinent and useful at the time of proposing its assurance/ preservation; • there are real reasons to fear that the use of said evidence may be impossible in the future if the preservation measures are not adopted; and • the preservation measure proposed, or another measure that the court deems preferable for the same purpose, may be deemed conducive and carried out within a short time and without causing serious and disproportionate damage to the per - sons involved in the litigation or to any third parties. 2.7 Rules for Disclosure of Documents in Product Liability Cases Under Spanish civil law, there is no general discov - ery obligation between the litigating parties – neither before court proceedings are commenced nor as part of the pre-trial procedures. The Spanish civil system is based on the principle of parties’ own production of evidence (ie, each litigant shall obtain and present its own evidence to support its claims in court pro - ceedings). Exceptionally, and only in those cases in which appli - cants are unable by themselves to obtain certain data necessary to file a claim, the applicant may request that the judge provide access to certain sources of evidence specifically provided for, prior to filing the lawsuit by way of preliminary proceedings, in accord - ance with the Code of Civil Procedure 1/2000. Among other preliminary proceedings provided in the law: • any interested party may request a copy of the medical records from the health centre or profes - sional with custody of said records; and • an individual who considers themselves to have been damaged by an event that could be covered by civil liability insurance may request the exhibi - tion of the insurance contract. In addition, at the preliminary hearing, any litigant may request the judge to order the other party, or third parties unrelated to the proceedings, to exhibit any document related to the subject of the dispute. In said request, the applicant must:
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