The Contribution of Documents in the Civil Process. Untimely Document Submission. Part II

Abstract

As we outlined in Part I of this work, the submission of documents, and other writings and assimilated reports, in civil proceedings is one of the main manifestations of the principle of party presentation that governs it and is configured as a burden on the litigating parties. Generally, documents must be submitted with the initial pleadings of the process, that is, with the complaint and the response to the complaint. However, the law provides for a series of exceptions to this general rule in view of different situations and circumstances that allow and justify their submission at various later stages, depending on the case. These exceptional provisions find their justification in such important legal principles as good faith, effective judicial protection, the right to a defense, immediacy, equality of arms, and legal certainty. In this second part, we will pay special attention to the different cases of late submission provided for in the law, the preclusive moment for their submission, and the consequences of not submitting them at the legally established time, thus highlighting the important casuistry presented by this matter and which has given rise to abundant jurisprudence.