SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Pedro Echeguren, Lopez-Ibor DPM
5.2 Discovery and Third Parties The exhibition of documents and other pieces of evidence can also be requested from third par- ties (including the public administration). 5.3 Discovery in This Jurisdiction As mentioned at 5.1 Discovery and Civil Cas- es , discovery is not allowed in the Spanish legal system. However, it is possible to ask for docu- ments or information in order to prepare for the trial (see 5.1 Discovery and Civil Cases and 5.2 Discovery and Third Parties ). The parties are not obliged to disclose docu- ments that have not been requested by the other party and admitted by the court in an injunction proceeding or proposed and admitted during the evidentiary hearing. 5.4 Alternatives to Discovery Mechanisms See 5.1 Discovery and Civil Cases , 5.2 Discov- ery and Third Parties and 5.3 Discovery in This Jurisdiction . 5.5 Legal Privilege In Spain, attorneys are legally, contractually and ethically bound to keep secret all information, facts and issues known to them due to their pro- fessional activity and they cannot be compelled to testify about them. In fact, it is a criminal offence to reveal information that is subject to client-attorney legal privilege. In Spanish law, the GSSLP develops legal privi- lege. This includes all the facts, communica- tions, data, information, documents and propos- als that a lawyer has known, issued or received in their professional practice. The lawyer must also maintain this duty of confidentiality among their collaborators and associates. Legal privi- lege continues even after the attorney’s services
to the client have ceased, without being limited in time. 5.6 Rules Disallowing Disclosure of a Document A party is obliged to disclose a requested docu- ment if required to do so by the court. According to Section 261 of the SCPA, if the summoned party fails to comply with the request and does not provide convincing arguments for not com- plying, the court can: • consider the fact to be proved by the request- ed document as having been admitted; or • issue an order to enter and search the prem- ises of the non-compliant party. If the required documents are found during the entry and search, the court will put them at the disposal of the applicant at the court premises. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief The competent court to deal with applications for injunctive relief is the first instance court of the domicile of the defendant or the court where the main claim is going to be heard. If the relief is intended to protect a foreign action, the com- petent court is the court of the place where the assets are located or of the place where the relief must have an effect. Section 726 of the SCPA determines that the court may order an injunctive relief: • when it is exclusively aimed at guaranteeing the effectiveness of the judicial protection that may be granted in a potential judgment, to ensure that it cannot be prevented or ham-
1306 CHAMBERS.COM
Powered by FlippingBook