In view of the current serious health emergency and in order to deal with the pandemic caused by the coronavirus and the corresponding illness, COVID-19, the Spanish Government has declared, by means of Royal Decree 463/2020, a state of alarm throughout the national territory for a period of fifteen calendar days, a period which will certainly be extended in the future with the prior authorisation of the Congress.
This scenario of national health crisis affects all areas, including the judicial system. Therefore, the situation generated by the appearance of the virus requires the adoption of measures that combine the protection of people’s health with the proper functioning of courts and tribunals. For that reason, the second additional provision of the above-mentioned decree also concerns the procedural field.
People have court dates and deadlines that are impossible to meet in times of the state of alarm.
Scheduled court appearances and deadlines suspended
In this regard, the authorities in charge have agreed to suspend all scheduled judicial actions, as well as any procedural deadlines.
Principle of preclusion on hold
Consequently, this measure will exceptionally interrupt what is known as the preclusion principle. During the time the decree or any of its extensions are in force, the acts performed within a certain period of time will not become final. This means that those days established in the regulations will not be counted to present allegations or any type of appeal, evidence or document in this regard. Therefore, those parties involved in a process will not lose their legitimate right to carry out any procedure in the future because they have not carried it out within the established period.
Are you involved in a judicial process and unsure what will happen due to coronavirus? At Lexidy, we are here for you and can help you navigate the difficulties arising from the viral out-break.